Question 1

Constitutional Law. Adam Whitman (Don's half-brother) has arrived in Gotham, eager to sell "Babylonian Snake Oil" as an anti-depressant. He wants to advertise in the local newspaper, but unfortunately local authorities have directed him not to do so. Adam challenges the constitutionality of this direction under the 1st Amendment. What standard of review?

Select one:

a.

Fully protected speech

b.

Limited protected speech

c.

Unprotected speech

d.None: no speech

Question 2

Constitutional Law. Don's daughter Sally is a teenager enrolled at Gotham High School (a public school) and wants to join the women's synchronized swim team, but is denied pursuant to a school policy that bars left-handed students from the team on the grounds that other-handedness interferes with synchronicity. Sally challenges the constitutionality of this policy under the 14th Amendment. What standard of review?

Select one:

a.

Equal Protection Clause / strict scrutiny

b.

Equal Protection Clause / intermediate scrutiny

c.

Equal Protection Clause / rational basis

d.

Equal Protection Clause / other

Question 3

Civil Procedure. Betty is the owner of Bicycle Fish, a retail store. She has been marketing "Gang of Four Select" black tea, but Big Tea, Inc. is trying to drive her out of business. If Betty sues Big Tea for antitrust violations, can she file her action in federal court?

Select one:

a.

Yes, she must file in federal court

b.

Yes, she may file in either federal or state court

c.

Only if her alleged damages $75,000

d.

No

Question 4

Civil Procedure. Assume the same facts as in Question 3, above. If Betty serves Big Tea with process, can she sue Big Tea in California court?

Select one:

a.

Yes, if Betty does substantial business in California

b.

Yes, if Big Tea does substantial business in California

c.

Yes, if either Betty or Big Tea does business in California

d.

No

Question 5

Torts. Betty suspects Don of cheating on her with Miss Menken, and so Betty has been hiding in the bushes outside Miss Menken's house and smoking a cigarette as she watches the door. She carelessly tosses the lit cigarette away, and Miss Menken's house catches fire. It's a windy night and the fire jumps to another house, and from there to another, and eventually Pete's house burns down, even though he lives more than one mile away. Pete sues Betty for negligence. Who wins?

Select one:

a.

Betty: no duty

b.

Betty: no breach

c.

Betty: no cause

d.

Pete

Question 6

Crimes/Criminal Procedure. Pete and Harry work as strippers at the Tarzan Club and they are really stressed out. So they plan a "getaway." By mutual agreement, Pete raids the club's petty cash drawer (he has a key) and Harry steals the club limousine, and together they drive to Las Vegas. Sadly, they soon end up in jail. As to Pete, what crime(s)?

Select one:

a.

Larceny

b.

Embezzlement

c.

Larceny and conspiracy

d.

Embezzlement and conspiracy

Question 7

Intellectual Property. In 2016, after a vivid acid trip involving communication with extraterrestrials using a toaster, Roger develops an idea for a new voice-activated toaster. In 2017, Roger files for his patent, and in 2018, the patent is issued. When will Roger's patent expire?

Select one:

a.

2031

b.

2032

c.

2037

d.

2038

Question 8

Contracts/Formation. Don offers to sell his Cadillac to Harry for $20,000. Harry promptly replies, "I'll buy it, but the price is outrageous and you are an evil tool." Have Don and Harry made an agreement, sufficient to support the formation of a contract?

Select one:

a.

No: no acceptance (not unequivocal)

b.

No: no acceptance (not a mirror image)

c.

No: no acceptance (ineffective dispatch)

d.

Yes

Question 9

Contracts/Formation. Bert hires Pete to drive him to the Nixon Presidential Library in Southern California. While they are on the road, Bert tells Pete that he is extremely impressed with "the cut of his jib" (his general look and attitude) and that he will double Pete's pay. Later, however, he refuses to pay more than the originally-agreed amount. Does Pete have an action for breach of contract to recover the additional amount promised?

Select one:

a.

No, the promise was a gift promise

b.

No, there was a preexisting duty

c.

No, there was past consideration only

d.

Yes

Question 10

Contracts/Formation. Bert has suffered a complete mental breakdown after reading too much Ayn Rand. Bert's family brings a proceeding in family court which results in the court issuing a judgment that Bert is permanently insane and appointing a guardian. Later, however, Bert contracts with Betty for the purchase of a marble bust of Mao. Is there an enforceable contract?

Select one:

a.

Yes, if Betty did not know of the adjudication

b.

No, the contract is void

c.

No, the contract is voidable by Bert

d.

No, the contract is voidable by either Bert or Betty