A property owner formerly allowed a manager to sign routine cleaning contracts. After termination, the manager asked a new vendor to sign a five-year contract at twice the normal price and to send the deposit to the mana...
Citations: Restatement (Third) of Agency secs. 2.01, 2.02, 2.03, 3.03, 4.01
A city auditor's job includes reviewing contracts for waste and writing internal reports. After finding serious overbilling, the auditor writes a required report to her supervisor. The city later disciplines her for the...
Citations: U.S. Const. amend. I, Garcetti v. Ceballos, Pickering v. Board of Education
A city auditor's job includes reviewing contracts for waste and writing internal reports. After finding serious overbilling, the auditor writes a required report to her supervisor. The city later disciplines her for the...
Citations: U.S. Const. amend. I, Garcetti v. Ceballos, Pickering v. Board of Education
A concert hall contracts with a named violin soloist to perform a recital. The contract emphasizes the soloist's reputation and style. The soloist delegates performance to an equally skilled but unknown violinist. May th...
Citations: Restatement (Second) of Contracts section 318
A concert hall contracts with a named violin soloist to perform a recital. The contract emphasizes the soloist's reputation and style. The soloist delegates performance to an equally skilled but unknown violinist. May th...
Citations: Restatement (Second) of Contracts section 318
A corporation sells its factory, patents, inventory, customer contracts, and trade name, leaving only cash and a small office lease. Which statement is most accurate? This question tests approval requirements for a sale...
Citations: Model Business Corporation Act secs. 11.01-11.07, 12.02, 13.01-13.31, 14.01-14.32, Revised Uniform Limited Liability Company Act secs. 701-707
A county contracts with a private physician group to provide constitutionally required medical care to inmates at the county jail. A jailed patient alleges that a contract doctor deliberately ignored a serious infection...
Citations: West v. Atkins
A county contracts with a private physician group to provide constitutionally required medical care to inmates at the county jail. A jailed patient alleges that a contract doctor deliberately ignored a serious infection...
Citations: West v. Atkins
A federal court in Wisconsin hears a diversity case involving a contract negotiated in Illinois, performed in Michigan, and allegedly breached in Minnesota. The parties disagree about which state's substantive law govern...
Citations: Klaxon Co. v. Stentor Electric Mfg. Co.
A lender sued a guarantor in federal court in Wisconsin, invoking diversity jurisdiction and asserting a state-law fraud claim. The state whose law governs the fraud claim has a statute providing that a lender alleging f...
Citations: Erie R.R. Co. v. Tompkins, Cities Service Oil Co. v. Dunlap, Hanna v. Plumer
A manufacturer contracts to buy all of its requirements of steel tubing from a supplier for one year. The contract does not state a fixed quantity but gives an estimate based on the manufacturer's prior annual use. The m...
Citations: UCC section 2-306
A manufacturer contracts to buy all of its requirements of steel tubing from a supplier for one year. The contract does not state a fixed quantity but gives an estimate based on the manufacturer's prior annual use. The m...
Citations: UCC section 2-306
...ember of a member-managed LLC spends extra hours negotiating customer contracts. The operating agreement is silent about salary or service compensation. Which statement best describes the default rule? This question test...
Citations: Revised Uniform Limited Liability Company Act secs. 201, 203, 401, 407, 409, 502, 503, 601, 701
A Minnesota patient sued a Wisconsin medical-device manufacturer in federal court in Wisconsin based solely on diversity jurisdiction. State A law, which the parties agree supplies the elements of the patient's product-l...
Citations: Erie R.R. Co. v. Tompkins, Hanna v. Plumer, Rules Enabling Act, 28 U.S.C. section 2072
A Nebraska plaintiff sues an Iowa defendant in federal court in Wisconsin for a state-law tort claim, invoking only diversity jurisdiction. The parties dispute whether a state-law damages cap or an ordinary federal trial...
Citations: Erie R.R. Co. v. Tompkins
...om a continuing general partnership and demands to keep voting on new contracts until the buyout price is paid. Which statement is most accurate? This question tests the immediate status consequence of dissociation. Revi...
Citations: Revised Uniform Partnership Act secs. 601-603, 701-704, 801-804
A Wisconsin buyer sued an Illinois seller in federal court in Wisconsin for breach of a supply contract. The contract was negotiated in Illinois, signed in Wisconsin, and performed mostly in Michigan. Wisconsin choice-of...
Citations: Klaxon Co. v. Stentor Electric Mfg. Co., Van Dusen v. Barrack, Ferens v. John Deere Co., 28 U.S.C. section 1404(a)
A Wisconsin school-board trustee used the same public social-media page before and after election. The page title listed her name followed by "Board Trustee." Her biography linked to the district website, and district st...
Citations: Lindke v. Freed, O'Connor-Ratcliff v. Garnier
A Wisconsin school-board trustee used the same public social-media page before and after election. The page title listed her name followed by "Board Trustee." Her biography linked to the district website, and district st...
Citations: Lindke v. Freed, O'Connor-Ratcliff v. Garnier
City A awards contracts for public park construction. After a consultant reported that minority-owned firms had received only five percent of city park contracts over the past decade, the city adopted two ordinances. The...
Citations: U.S. Const. amend. XIV, Adarand Constructors, Inc. v. Pena, Village of Arlington Heights v. Metropolitan Housing Development Corp., Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
City A awards contracts for public park construction. After a consultant reported that minority-owned firms had received only five percent of city park contracts over the past decade, the city adopted two ordinances. The...
Citations: U.S. Const. amend. XIV, Adarand Constructors, Inc. v. Pena, Village of Arlington Heights v. Metropolitan Housing Development Corp., Students for Fair Admissions, Inc. v. President and Fellows of Harvard College
...o., had five directors. Its bylaws required board approval for supply contracts over $500,000. The president negotiated a $1.2 million almond contract with Grower. Three directors responded "looks fine" in a group text...
Citations: Model Business Corporation Act secs. 8.01, 8.20-8.25, 8.30, 8.31, 8.32, 8.42, 8.50-8.59, 6.40, 7.32
...the president and 70 percent shareholder of GreenCart, Inc. GreenCart contracts to buy electric delivery carts from Supplier. Maya signs the purchase agreement only as president. She separately tells Supplier, "I persona...
Citations: Model Business Corporation Act and common-law veil-piercing principles, Revised Uniform Limited Liability Company Act and common-law alter-ego principles
...eds, Inc. owned crop patents, a processing plant, inventory, customer contracts, and its trade name. Its board approved a deal transferring all of those assets to Buyer for cash. Prairie would keep only a bank account an...
Citations: Model Business Corporation Act secs. 11.01-11.07, 12.02, 13.01-13.31, 14.01-14.32, Revised Uniform Limited Liability Company Act secs. 701-707
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