recognizes "frustration of purpose" as a defense to a contract claim, and basically provides that a party who enters into a contract and who does not perform and is sued may avoid liability if the purpose for which that party entered into the contract became "frustrated".Wineries throughout California offer event locations particularly for weddings.A couple entered into a contract with awinery in Santa Clara Countylast December to have a Fall wedding during the following September. The contact had a non cancellation clause.Basically, the contact was written to protect the winery and was drafted to provide thatshould for any reason the event not go forward at the winery the wedding event fee was owed.The winery has outside weddings and can provide all necessary protections, but the State of California as it has done to universities ordered all wineries closed.No events. The couple could not have their wedding and did not pay. The winery sued and the matter went through the trial court in the Superior Court of California, County of Santa Clara quickly and was appealed. The Sixth District Court of Appeal Casewrote a published opinion enforcing the contract and did not recognize the defense of "frustration of purpose".A exactfactual pattern happens in MendocinoCounty which is within the First District Court of Appeal and the exact same contractwas used except that the parties were different.What should happen in the Mendocino County case.

The Mendocino winery should not win in the Superior Court of California, County of Mendocino

The Mendocino winery should lose both at trial and at the First District Court of Appeal because both are bound by precedent

The result at trial is not clear

If there is conflict between two different Courts of Appeal in California the resolution has to be, at some point, addressed by the California legislature

The trial court in Mendocino County must not follow the ruling of the Sixth District Court of Appeal

The trial court in Mendocino county is not duty bound to follow the ruling of the Sixth District Court of Appeal but can if it wants to

The Mendocino winery should win in the Superior Court of California, County of Mendocino and the First District Court of Appeal

The Mendocino winery should win in the Superior Court of California, County of Mendocino but it might not at theFirst District Court of Appeal

None of the above

Which statement is correct?

1.Judges preside over all levels of courts in California

2.Justices preside at the Court of Appeal level only

3.Justices preside at the trial court level, the court of appeal level, and the supreme court level

4.The California Supreme Court has 7 judges wheres a California Courts of Appeal have 3

5.At trial only one justice presides

6.All of the above

If you are going to a law library to research California law and you want to do you research by reading from bound or book material and want to find the "California Reporters" what you are looking for are:

The bound volumes of all the transcripts prepared by Court Reporters of the proceedings at trial

The bound volumes of all the transcripts prepared by Court Clerks of the proceedings at trial

The bound volumes of all the judgments prepared by Superior Court Judges of the proceedings at trial

The bound volumes of all the published cases decided by the Courts of Appeal in California only

The bound volumes of all the published cases decided by the Supreme Court of California only

The bound volumes of all the published cases decided by the Supreme Court of California and the Courts of Appeal in California

The bound volumes of all the published statutes by the California legislature California only

All of the above

Which is true:

Group of answer choices

Abstracts of judgment after being issued by the trial court are filed with the Secretary of State of California

Abstracts of judgment are the only method of collection of a judgment

Abstracts of judgment are both real property and personal property liens

Abstracts of judgment are real property liens

Abstracts of judgment are recorded with the Superior Court of California which entered the judgment

None of the above

All of the above

Regarding the procedure of an Order of Examination related to efforts to collect a judgment,it is most like what other type of procedure:

Interrogatory

Request for Admission

Deposition

Request to Produce

Voir Dire

Jury Instructions

Motions to Exclude

Once ajudgment creditor has identified assets of a judgment debtor that the judgment creditor wants to take to help satisfy a judgment the next step would be the preparation of:

Group of answer choices

A bench warrant

A personal property lien

An abstract of judgment

A writ of execution and letters of instruction

A satisfaction of judgment

All of the above

In California the system of judicial review comports of follows which of the following scenarios:

Trial courts are courts of original jurisdiction and after a judgment is entered an appeal may be had as a matter of right to both the Court of Appeals and the California Supreme Court

Trial courts are courts of appellate jurisdiction and after a judgment is entered an appeal may be had as a matter of right to the court of appeals but any appeal of a civil matter is in the discretion of the California Supreme Court

Trial courts are courts of original jurisdiction and after a judgment is entered an appeal may be had as a matter of right to the court of appeals but any appeal of a criminal matter is in the discretion of the California Supreme Court

Trial courts are courts of original jurisdiction and after a judgment is entered an appeal may be had as a matter of right to the Court of Appeals but any further appeal to the California Supreme Court of a civil matter is in the discretion of the California Supreme Court

Trial courts are courts of original jurisdiction and after a judgment is entered an appeal may be had as a matter of right to the California Supreme Court

All of the above

None of the above

In collection of a judgment which sequence of events makesthe most sense:

Abstract of Judgment, Personal Property Lien, Writ of Execution, Satisfaction of Judgment, Order of Examination

Writ of Execution, Satisfaction of Judgement, Abstract of Judgment, Personal Property Lien, Order of Examination

Satisfaction of Judgement, Abstract of Judgment, Personal Property Lien, Order of Examination, Writ of Execution

Abstract of Judgment, Personal Property Lien, Order of Examination, Writ of Execution, Satisfaction of Judgment

Abstract of Judgment Order of Examination, Writ of Execution, Satisfaction of Judgment, Personal Property Lien

Personal Property Lien, Order of Examination, Writ of Execution, Satisfaction of Judgment, Abstract of Judgment

What is a "standard on appeal" used bya courts of appeal in deciding a case:

Group of answer choices

Compelling evidence

Preponderance of the evidence

Evidence beyond a reasonable doubt

Substantial Evidence

Missing Evidence

Hearsay Evidence

Third party evidence

A JNOV motion occurs:

Before the verdict and before appeal

Between entry of judgment and appeal

Before entry of judgment and after the verdict

After a successful appeal

Both in court and jury trials

None of the above