1. You have three (3) hours to complete this exam. You may allocate your time as you wish.

2. This is a closed book exam.

3. There are TWO PARTS to this examination, MULTIPLE CHOICE and ESSAY.

PART I, the MULTIPLE CHOICE segment, contains 15 questions and is WORTH 1/3 of your grade. Indicate the best answer on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

PART II, the ESSAY segment, is WORTH 2/3 of your grade. Remember to take your time; read, think, analyze and organize your answer before you begin to write. 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. Please answer the essay question in the blue books provided to you. Write only on the right hand side of the page (skipping a page each time) and double-space your work. Please write clearly.

4. Write your exam number on your exam envelope. Put your correct class section and student exam # at the top of this page, each page of questions, each blue book, and the “ParSCORE TEST FORM.” Do not use your name, student ID number or Social Security Number on any exam materials.

5. At the conclusion of the exam, return all test materials, including blue books, ParScore answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

Good luck and have a great summer!

PART II: ESSAY

Coselli, a graduate of Boalt Hall, Class of 1971, became disillusioned with the law and decided to pursue her avocation – magic – full time. Unfortunately, it did not turn out as well as she had hoped.

1. Her initial performance – the first of five she was hired to perform for groups of tourists at a local hotel – was a disaster. The color changing silks stayed the same color. Coselli could not guess the card selected from a deck by a member of the audience after fifteen tries. And she was unable to recreate one of Houdini’s escape tricks – indeed, she remained tied up at the end of the show and a stage hand had to release her. Surprisingly enough, the audience loved the show. They howled with glee and demanded an encore. But the booking agent at the hotel has refused to pay Coselli for the first show and has told Coselli her services will not be required in the future. He told Coselli that her performance did, however, give him an idea. Instead of paying her the promised $100 a show, he will hire world famous comic magicians Penn and Teller for $10,000 a show and hold Coselli liable for the difference.

Advise Coselli.

2. Coselli began to practice in earnest. She also prepared a one page form contract for future events. She advertised in the newspaper. Matilda called and hired her to perform at her ten year old son’s birthday party. Coselli sent out the form contract and received it back by return mail. Her performance was flawless. Problems arose only when Coselli approached Matilda for payment after the show. Matilda had written out a check for $75 – the price in the written contract. Coselli winced; it was a typographical error that she had failed to notice earlier. Coselli’s usual charge for performances for unruly pre-adolescents in Pacific Heights was $175. Coselli might have let it go but Matilda refused to hand over the check for $75 unless Coselli showed the children how all of the tricks worked. Matilda claims that was part of the bargain. Coselli knows it was not because the code of magicians prevents them from revealing such secrets. No mention is made of the alleged required disclosure in the contract.

Advise Coselli.

END OF EXAM