Business Law 420

Exam Instructions

1. Please write your name at the top of this exam booklet and turn it in with your answers.

2. Start with the issue(s). Do not repeat the facts of the question.

3 Legal issues involve legal rules. State an issue this way: “The issue is whether or

not…” For example, “the issue is whether or not this contract is unenforceable because it

violates the UCC Statute of Frauds.

4. State the content of all rules used, not merely their names.

5. Support your conclusions. Conclusions are what you arrive at as a result of your

analysis of the facts. Facts are “what happened”. They are given to you in the problem.

So if the problem states that Tom is a “Ford dealer”, that is a fact. If his merchant/non-

merchant status is relevant in determining the rights of the parties, then you should state

the UCC definition of a merchant. Your analysis will then examine whether the elements

necessary to satisfy the requirement of that definition/rule can be established in this case.

6. Segment your answer as much as possible .

7. Presentation counts. Appearance counts. Spelling and grammar count. Police

your answer for these issues.

8. Prepare an outline or draft before writing your answer. Turn in only pristine work. If

you had to make corrections, additions, changes, it is best to re-write your answer.

Extra time has been provided for this purpose.

9. Maximum length per question: three single spaced sides.

10. Start each new question on a new page; write your name on each page.

11. The purpose of the question is to give you an opportunity to display your knowledge.

No answer is “wrong” if it is well supported, displaying mastery of the subject matter.

A “correct” answer that is not well supported will receive a poor grade.

12. Avoid use of the words “obviously”, “clearly” or their equivalents. You are better off

using expressions like “a strong case can be made”. In law there are always counter-

arguments and shades of grey. Also, if you dismiss an issue by stating that it is

“obvious”, you deprive yourself of the opportunity to demonstrate knowledge by

explaining why it is a strong likelihood.