Questions 33 - 34 are based on the following fact pattern:

Mr. Forrest Spellman is rushing downtown to shop at upscale Marshall's, Target and Ross Department Stores. He drives his 1978 primer grey Dodge Dart car which leaks a quart of oil every five blocks, is missing its right front quarter panel, has 275,778 miles on the odometer into the public Sutter-Stockton parking garage.He stops, pays for and receives a ticket, parks his car, and walks away.Forrest keeps his keys and may get his car at any time.

33.Which of the following statements best describes this situation?

a. This is a bailment.

b.This is not a bailment because there is no personal property.

c.This is not a bailment because the bailee had no duty to return the goods.

d.This is not a bailment because there was insufficient compensation paid.

e.This is not a bailment because there was no taking of possession or control by a bailee.

ANSWER:__________

34.Assuming that a bailment did not result, what was most likely created when Forrest parked his car at the garage.

a.Appurtenant easement.

b.License.

c.Easement in gross.

d.Habitation agreement.

e.A public nuisance.

ANSWER:__________

35.As evidenced in theHayashi vs. Popovcase (Rest of the Story -- Barry Bonds 73rd home run baseball case):

a.Hiring an attorney on a contingency basis is wise when the outcome of the case is uncertain.

b.Hiring an attorney on a contingency basis is wise when the client is a defending a frivolous case.

c.Hiring an attorney on an hourly rate is wise when the outcome of the amount in dispute is certain.

d.Hiring an attorney on an hourly rate is wise when the outcome of the amount in dispute is uncertain.

e.A and C are correct.

ANSWER:__________

22.The ________ says that agents' contracts to sell property covered by the Statute of Frauds must be in writing to be enforceable.

a. Merger and acquisition clause.

b. Equal/Mutual dignities rule.

c. Doctrine of equity.

d.Common law of contracts.

ANSWER:__________