Question 1 (5 points)

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Read the following and then answer the question. Animal Control Act: If a dog or other animal, without provocation, damages another's property or injures any person who is peaceably conducting himself in any place where the person may lawfully be, the owner of the dog or other animal is liable for the damages or injury caused. Which of the following is an incorrect statement about the Animal Control Act?

Question 1 options:

a)	The Act applies to any animal.

b)	The animal must be provoked before damages will be allowed.

c)	If a dog injures a trespasser, the owner will not be liable.

d)	The injured person must be lawfully in the place.

Question 2 (5 points)

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Read the following statute and answer questions two and three. Deceptive Collection Practices Act: A collection agency or any employee of a collection agency commits a deceptive practice when, while attempting to collect an alleged debt, he or she adds to the debt any service charge, interest, or penalty, which he or she is not entitled to add by law. Does the Deceptive Collection Practices Act apply to the following facts? John Brown, an interior decorator, loaned $3,000 to his employee. When the employee had made no efforts to return the loan, Brown began harassing him for repayment and also claimed a usurious (legally excessive) interest rate.

Question 2 options:

a)	Yes, the Deceptive Collection Practices Act applies to these facts.

b)	No, the Deceptive Collection Practices Act does not apply to these facts.

Question 3 (5 points)

Refer to the Deceptive Collection Practices Act above and read the following facts.

Oscar Green, a secretary for Acme Collection Agency, plays poker with five friends every Friday night. One night, Oscar's friend Babs ran up a $500 debt that she couldn't pay, so Oscar loaned her the $500. Two weeks later, when Oscar asked Babs to repay him, Oscar added a $25 charge.

What information do you need to determine whether the Deceptive Collection Practices Act applies to Oscar and Babs?

Question 3 options:

a)	No other information is needed.

b)	We would need to know whether a collection agency employee is bound by the Act in his personal dealings.

c)	We would need to know whether $25 is allowable by law.

d)	Answers b and c are correct.

Question 4 (5 points)

Answer questions four and five based on the following fact scenario: You represent husband Mario in his divorce from Paula, his wife of 7 years. An issue still before the court is the financial winding up of the marriage for example, whether the court will award Paula what her attorney calls "restitutionary alimony," to compensate her for the marital money that they paid to Mario's first wife for child support. Paula knew about and agreed to those payments, which came from both of their earnings. There are two precedents in your jurisdiction regarding restitutionary alimony: Ackerman v. Bates, in which the couple divorced 1 year after the husband finished medical school and his medical residency. The court awarded Ms. Ackerman repayment for her years of financing Mr. Bates's education and training, and her delayed finishing of her own higher educational degree to do that. Childress v. Donato, in which the couple divorced 16 years after Dr. Donato finished her medical degree and began her own lucrative medical practice. Mr. Childress already had his accountant's license and a job in an accounting practice. The court did not award Mr. Childress restitutionary alimony for the support he provided during Dr. Donato's education and medical training. Which of the two precedent cases support the argument you will make on behalf of Mario?

Question 4 options:

a)	Ackerman v. Bates because the length of the marriage, 1 year, is closer to the length of time that Mario and Paula have been married - 7 years - than the length of the marriage in Childress v. Donato - 16 years.

b)	Ackerman v. Bates because Paula apparently had no career or income of her own.

c)	Childress v. Donato because Dr. Donato likely makes more money as a doctor than Mr. Childress does in his accounting practice.

d)	Childress v. Donato because Mr. Childress did not postpone his education to provide support to Dr. Donato; nor do the facts state that Paula postponed her education to contribute financially to Mario's child support.

Question 5 (5 points)

Which of the following is the best argument that you would make on behalf of Mario, based on the precedent cases?

Question 5 options:

a)	Restitutionary alimony should only be paid if one spouse postpones his or her education to financially support the other spouse, particularly for education, and soon after they divorce.

b)	Restitutionary alimony should not be paid when one spouse willingly supports the other's endeavors.

c)	Arguments a and bare equally strong.

d)	Neither argument a nor c is particularly strong.

Question 6 (5 points)

State A has a statute that provides that "different tax rates may be imposed on various types of alcohol." The tax rate on wine is much higher than the tax rate on beer. Does the statute contain a patent ambiguity?

Question 6 options:

a)	Yes, because it does not specify the types of wine or beer.

b)	Yes, because it does not define the "different" tax rates.

c)	No, because the statute is clear on its face.

d)	No, because wine is typically more expensive than beer so the statute makes sense.

Question 7 (5 points)

Read the following sentence and determine if it has mechanical or sentence structure errors. Agent Gracio approached a group of teenagers standing in front of a store with the intention of buying cocaine.

Question 7 options:

a)	A comma is missing in the sentence.

b)	The sentence has one or more spelling errors.

c)	The sentence has a misplaced modifier.

d)	The sentence does not have any errors.

Question 8 (5 points)

Read the following sentence and determine if it has mechanical or sentence structure errors. Adeline served meals at the local food bank, as a participant in a 5-mile charity run, and she worked at the teen center.

Question 8 options:

a)	The sentence is too long.

b)	The sentence is missing a semicolon.

c)	The sentence has no errors.

d)	The sentence has faulty parallelism.

Question 9 (5 points)

You may use The Bluebook to answer the following question: Which of the choices below is correct?

Question 9 options:

a)	The abbreviation for the United Nations is: UN.

b)	The Latin phrase "ex rel." should not be italicized.

c)	The following short citation form for a case is correct: Palsgraf (1928).

d)	Black's Law Dictionary has a special citation form.