Your doctor gives you the bad news that the big toe on your right foot will need to be amputated due to diabetic neuropathy.You have never had surgery before, but you trust your doctor, so you sign the form giving him consent to take off your right big toe. Unfortunately, when you wake up, you find that the big toe on your left foot has been amputated, rather than the one on your right foot. Your doctor shrugs and says, "I always did have trouble telling my right from my left".

1. You tell your lawyer you want to sue your doctor for medical malpractice. What is the best tort theory your lawyer can use to support your claim? What elements will you have to prove at trial in order to win the case? (10 points)

1. Your lawyer informs you that you could also bring a case against your doctor based on an intentional tort theory. Which intentional tort do you think your lawyer is referring to? Do you agree with your lawyer that your doctor committed an intentional tort?Why or why not? (8 points)

1. Jim notices in his 101 class that Maggie is wearing a beautiful, one-of-a-kind, antique necklace. Jim knows his girlfriend Dawn would love the necklace for her birthday, so he asks Maggie if she'll sell him the necklace for $200, if he brings the money to class the next day. Maggie replies, "You've got yourself a deal!" The next day Jim shows up in class with $200 in cash, but when he tries to give Maggie the money for the necklace, she tells him that she was just joking and that she did not think he really had the money.

1. Jim comes to you, his lawyer, to find out if he can sue Maggie for breach of contract. Explain to Jim why a contract was or was not formed in this situation.(8 points)

1. Jim is also interested to know what kind of remedies he might get in court. When you begin to explain to him the concept of damages, he interrupts you to ask if he can get the court to order Maggie to give him the necklace, since he knows it would be the perfect gift for his girlfriend. How will you answer Jim's question? (6 points)

1. At trial, Maggie's lawyer argues that Jim does not really have any damages because there are many beautiful necklaces he could have bought for his girlfriend, many of which cost less than $200. Will the judge expect Jim to have attempted to mitigate his damages under these circumstances? Why or why not? (4 points)

1. Your friend, Jackie, promises to take care of your cats while you are on vacation for a week. You are only gone for two days when the first snow storm of the season arrives unexpectedly, dumping 8 inches of snow on the town where you and Jackie live. You aren't worried about your cats because you trust your friend. Sure enough, when you get back home, relaxed and sporting an excellent tan, you find your cats well fed and happy. Jackie is not so happy. She tells you that she had real troubles getting to your house during the snow storm to care for the kitties. You feel badly, so you promise to give her $100 for her trouble, which she gratefully accepts. When you open your wallet to take the cash out, you realize that you spent more than you thought on vacation, so you tell Jackie you won't be giving her the money after all. Jackie stomps angrily out of the door, threatening to "see you in court!" Do you have anything to worry about from a legal standpoint, i.e. was a contract formed? Why or Why not? (10 points)

1. Your friend saw you reading Brown v. Board of Education and wanted to know about it. Specifically explain how this case shaped the lives of thousands of school children and what it tells us about stare decisis and precedent. (10 points)

1. You are a family court judge. Sadly, you must decide child custody matters on a daily basis. Discuss the factors you take into consideration when deciding which parent should have legal and/or physical custody of a divorcing couple's children.(6 points)

1. Liz and Sam are getting divorced after 10 years of marriage. If they live in a community property state, who will get the house that they purchased together during their marriage? What if Sam wants to continue to live there? (4 points) How will the court split the inheritance that Liz received from her Aunt Josie and deposited into her personal bank account? (2 points) If the judge awards Liz and Sam joint legal custody of their daughter Ruby, with physical custody going to Sam, which parent(s) will make the decision whether Ruby should attend private school? (2 points) Assuming Liz has visitation rights and pays child support, if Ruby refuses to see Liz, is Liz within her legal rights to stop paying child support? Why or Why not? (4 points)

1. As part of your work on the Boston police force, you get called to the Campus of Harvard University, where a student tells you that he was robbed of his favorite HU sweatshirt. Once you calm him down he explains that when he returned from class he noticed the sweatshirt was missing from his closet and he is sure he put it there after the last time he did laundry. It is an unusual looking sweatshirt, as he dyed the hood bright pink in support of Breast Cancer Awareness Week.

1. Assuming a crime has been committed, which one is it?(2 points)

1. As you are interviewing people in the victim's residence hall, you notice a young woman wearing a sweatshirt which matches the description of the sweatshirt given to you by the victim. When she sees you looking, the woman runs into her room and slams the door. You knock on the door and identify yourself as a police officer, but she just yells at you to "go away!" May you search the woman's room without her permission under these circumstances? Why or why not? If you do search her room and she believes you violated her 4^th amendment right against unreasonable searches and seizures, what sort of motion would her lawyer file if the case later went to trial? (6 points)

1. At trial, the defendant claims that she "had" to steal the sweatshirt because she has a "thing" for sweatshirts that "makes" her steal them. Evaluate the defendant's chances of winning acquittal based on a defense of legal insanity.Assume the state you are in uses the M'Naghten test only. (8 points).

1. Looking back at all you have learned about the U.S. legal system this semester, what has surprised you about the system or about specific laws? What improvements would you make to the system? Make sure to include an explanation of why you would make the changes. (10 points)