Do You Heed The Call?

Do You Heed The Call?

We are all taught from very early on in 1L, “GO TO THE CALL”!  I never found “going to the call” to be the difficult or scary part of attacking an essay question.  The part of the call that always tripped me up was the way it was worded.  I was always terrified of getting “the call”.  You all know what I am talking about.  The one call you have never seen before, the one you don’t have any experience with, the one that would stop me in my tracks.

In order to combat my fear of calls I compiled as many calls of former FYLSE Essay Questions as I could.  I sat down and just read them.  I asked myself if I understood them and I became familiar with them.

Contracts Calls

  • Can Pat prevail in a suit against Danco for breach of contract, and, if so, what is the measure of his damages? Discuss.
  • Does Betty have an enforceable contract for the transfer of the office building? Discuss.
  • What rights does Peter have and what remedies might he obtain as to employment and the parcel of land? Discuss.
  • What are Carl’s rights and remedies against Ben? Discuss.
  • Have Marta and/or Don breached the contract? If so, what damages might be recovered, if any, by each of them? Discuss.
  • Is Bing likely to prevail in its suit? Discuss. 2. Is Super likely to prevail in its suit? Discuss.
  • Is Dirt likely to prevail in its suit? Discuss. 2. Is Builder likely to prevail in its countersuit? Discuss.
  • What arguments can Larry reasonably make to show that Dana has breached the contract, what arguments can Dana reasonably make to show that she has not, and who is likely to prevail? Discuss.
  • Can FeedCo prevail in a breach of contract action against Betty? Discuss
  • Does Company B have a contract with Chip to supply 1,000 units of Part X? Discuss. 2. Assuming that Company B does have a contract with Chip to supply 1,000 units of Part X, does the contract contain a warranty against manufacturing defects? Discuss.
  • Does the purchase agreement contain a covenant by Sam not to compete? Discuss. 2. Is the purchase agreement enforceable? Discuss. 3. Assuming the purchase agreement contains a covenant by Sam not to compete and is enforceable, did Sam violate the covenant? Discuss.
  • Did Barbara enter into an enforceable contract with Sally? Discuss. 2. If Barbara entered into an enforceable contract with Sally, what remedies, if any, does she have? Discuss.
  • What arguments can County reasonably make that Installco breached the contract? Discuss. 2. What arguments can Installco reasonably make that it did not breach the contract? Discuss. 3. Who is likely to prevail? Discuss
  • What contract rights and remedies, if any, does Olivia have against Juan? Discuss. 2. What contract rights and remedies, if any, does Olivia have against Ann? Discuss.
  • Is Wholesaler likely to prevail in its suit? Discuss. 2. What remedies, if any, may Wholesaler reasonably seek? Discuss.
  • Is Ellen liable to Doug for any damages Doug may have incurred as a result of the late completion of the construction? Discuss. 2. Is Ellen liable to Bill for: a. The loss of the on-time bonus? Discuss. b. For any other damages? Discuss.
  • Is Zena liable to Carl? Discuss.
  • What claim or claims, if any, does Walter have against Betsy? Discuss. 2. What damages, if any, should Walter be awarded? Discuss.
  • What is Jack’s likelihood of success in his lawsuit and what damages, if any, would he be entitled to? Discuss. 2. What defenses, if any, can Stone-Co reasonably assert? Discuss
  • Who breached the contract? Discuss. 2. Assuming Painter breached the contract, what damages, if any, would Developer be entitled to? Discuss. 3. Assuming Developer breached the contract, what damages, if any, would Painter be entitled to? Discuss.
  • Can Bill prevail in his lawsuit? Discuss. 2. If so, what damages, if any, is Bill entitled to recover? Discuss

Criminal Law Calls

  • What crimes, if any, has Donna committed, and does she have any defenses? Discuss. 2. What crimes, if any, has Alice committed, and does she have any defenses? Discuss.
  • Can it be reasonably argued that Tom is guilty of arson? Discuss. 2. Does Tom have any valid defenses? Discuss. 3. Can it be reasonably argued that Heather is guilty of any crimes? Discuss
  • Can it be reasonably argued that Beth is guilty of a. Theft? Discuss. b. Robbery? Discuss. c. Murder? Discuss. 2. Can it be reasonably argued that Carla is guilty of murder and, if so, what defense(s) can she raise? Discuss.
  • What criminal offense or offenses, if any, can be reasonably argued were committed by Arthur? Discuss. 2. What criminal offense or offenses, if any, can be reasonably argued were committed by Cassie? Discuss. 3. What defenses, if any, can each of them raise? Discuss.
  • What crimes, if any, did Bob commit? Discuss
  • What charges can reasonably be brought against Steve? Discuss. 2. What charges can reasonably be brought against Will? Discuss.
  • What charges, if any, can reasonably be brought against Frank for the beating of Art and the taking of his wallet? Discuss. 2. What charges, if any, can reasonably be brought against Frank for the death of the police officer? Discuss. 3. What defenses, if any, can Steve reasonably raise against a charge of kidnapping Art? Discuss.
  • With what crimes, if any, can Angela reasonably be charged, and what defenses, if any, can she reasonably raise? Discuss. 2. With what crimes, if any, can Bart reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss. 3. With what crimes, if any, can Chris reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss.
  • With what crimes, if any, can Dan reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss. 2. With what crimes, if any, can Ann reasonably be charged, and what defenses, if any, can she reasonably raise? Discuss.
  • With what crimes, if any, can Alma reasonably be charged, and what defenses, if any, can she reasonably raise? Discuss. 2. With what crimes, if any, can Bob reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss. 3. With what crimes, if any, can Ed reasonably be charged, and what defenses, if any, can he reasonably raise? Discuss.
  • With what crimes, if any, can Bob reasonably be charged and what defenses, if any, can he reasonably raise? Discuss. 2. With what crimes, if any, can Charles reasonably be charged and what defenses, if any, can he reasonably raise? Discuss. 3. With what crimes, if any, can Van reasonably be charged and what defenses, if any, can he reasonably raise? Discuss.
  • With what crimes, if any, can Donna reasonably be charged? Discuss.
  • With what crimes, if any, can Ann reasonably be charged, and what defenses, if any, can she reasonably assert? Discuss

Torts Calls

  • Edna against Albert? Discuss
  • On what theory or theories might Tenant reasonably sue Landlord? Discuss. 2. What types of damages, if any, might Tenant recover from Landlord? Discuss.
  • What is the likely outcome of Cindy’s defamation claim against Debbie? Discuss. 2. What is the likely outcome of Cindy’s defamation claim against Newspaper? Discuss.
  • Is Moe likely to prevail on a negligence claim against Barry? Discuss. 2. Is Barry likely to prevail on an intentional tort claim against Moe? Discuss.
  • What possible tort causes of action does Perry have against Tommy? Discuss
  • Under what theories, if any, and against whom, might Abe sue for damages? Discuss. 2. Under what theories, if any, and against whom, might Bob sue for damages? Discuss. 3. Under what theories, if any, and against whom, might Carl sue for damages? Discuss
  • What tort causes of action, if any, can Peter reasonably assert against David? Discuss. 2. What defenses, if any, can David reasonably raise? Discuss. 3. What damages, if any, will Peter be able to obtain against David? Discuss.
  • What tort claims can Harry reasonably bring against Flowers? Discuss. 2. What remedies can Harry reasonably seek? Discuss
  • Under what theory or theories, if any, might Abe bring an action for damages against Gary? Discuss. 2. Under what theory or theories, if any, might Betty bring an action for damages against Slideco? Discuss. 3. Under what theory or theories, if any, might Carl bring an action for damages against Jane? Discuss.
  • Spouses cannot sue each other in tort; 2. Wanda failed to present sufficient evidence to support a finding that Homer was negligent; and 3. Homer is not subject to liability for slapping Wanda because his intent was to calm her down, not to cause her any harm. How is the judge likely to rule on Homer’s motion for directed verdict? Discuss
  • Is Bill likely to prevail on any intentional tort claim against Abe? Discuss. 2. Is Cindy likely to prevail on a negligence claim against Abe? Discuss. 3. Is Debbie likely to prevail on a negligent infliction of emotional distress claim against Abe? Discuss.
  • What tort claims, not based on negligence, can Walt reasonably bring against Rick? Discuss. 2. What tort claims, not based on negligence, can Rick reasonably bring against Walt? Discuss. 3. What tort claims, not based on negligence, can Cal reasonably bring against Walt? Discuss
  • What tort claim or claims can Ned reasonably bring against Carl, and what defense or defenses can Carl reasonably raise? Discuss. 2. What tort claim or claims can Carl reasonably bring against Ned, and what defense or defenses can Ned reasonably raise? Discuss. 3. What tort claim or claims can the neighboring homeowners reasonably bring against Superstore? Discuss.
  • What claims, if any, can Patricia reasonably bring on Stephen’s behalf against Contractor? Discuss. 2. What claims, if any, can Patricia reasonably bring on Stephen’s behalf against Foreman? Discuss.
  • What is the likely outcome of a negligence claim brought by: 1. Ethan’s parents against Cathy, on behalf of Ethan? Discuss. 2. Ethan’s parents against Darla, on behalf of Ethan? Discuss. 3. Frank’s parents against Cathy, on behalf of Frank? Discuss. 4. Frank’s parents against Darla, on behalf of Frank? Discuss