INSTRUCTIONS
This is a closed book exam. There are TWO PARTS to this examination - MULTIPLE CHOICE and ESSAY.
PART I, the MULTIPLE CHOICE segment, is WORTH 1/3 of your grade. Indicate the best answer on the ParSCORE Test Form provided.
PART II, the ESSAY segment, is WORTH 2/3 of your grade. If you believe you lack sufficient facts to answer the question, please specify what additional information you require and how it will affect your answer.
The total time for this exam is 3 hours. You may allocate your time as you wish.
Read, think and analyze before you begin to write.
Good Luck and have a great holiday!
Professor Klumzee arranged a party for her law students at the local racetrack. it seemed like a good idea, but, unfortunately, a number of things went wrong.
A. One of her students, Sal, asked Professor Klumzee which horse she thought would win the first race. Klumzee studied the form and announced "It's Ectopy! I guarantee it." Unfortunately, Ectopy jumped the rail and was last seen going the wrong way on the Bayshore Freeway. Sal has announced his intention to sue Klumzee for $1,800 -- he bet $100 on Ectopy rather than Youllbesorry, the horse he selected himself because of the jockey's colors. Youllbesorry won and would have paid Sal $1,800 for his $100 bet.
Advise Professor Klumzee.
B. Professor Klumzee and three students were having their picture taken in the winner's
circle. The winner, Khalmekiller, reared back on his hind legs and was about to land on top of
Professor Klumzee, who hadn't noticed because she was busy smiling for the photographer.
One of her students, Samaria, pushed Professor Klumzee out of harm's way but -- in the
process -- was kicked in the leg by Khalmekiller. Samaria's tibia was shattered. She will never
run again.
The photographer captured the gallant rescue on film and the photo made the local
newspapers the next day. Most thought it was a heartwarming story. However, some tasteless
letters to the editor of the local paper suggested that Sameria would have done the world a
favor by doing nothing -- one less lawyer. Sameria was invited to appear on the Oprah Winfrey
show and demonstrate to the world that not all lawyers -or budding lawyers -- were as bad as
people thought.
Professor Klumzee was so jealous that she wasn't invited to be on Oprah's show too that she has now refused to honor her promise to reimburse Sameria for her
medical bills and give her a job as her teaching assistant. Sameria has threatened to
sue.
Advise Professor Klumzee.
C. Bored by the usual law review articles, Professor Klumzee decided to write a book about
handicapping horseraces entitled "The Laws of the Races". East, the law book publisher,
thought they had contracted with Professor Klumzee for a book on sports law. They were
stunned to receive a completed manuscript which detailed Professor Klumzee's ten "laws" of
successful betting (eg. always bet on gray horses and the favorite in the last race of the day).
Now East has refused to publish the book. Professor Klumzee has decided to publish the book
herself and sue East for the costs of publication.
Advise Professor Klumzee.
D. How would your answer in C change if Professor Klumzee had retained the right
to cancel the book contract within thirty days of its execution?