Exam 2: Reasoning

A homeowner hired a contractor to build an addition on the homeowner's oceanside cottage. The contract required the contractor to begin the work on May 1 and complete the work by June 15. On April 25, a hurricane completely destroyed the homeowner's cottage. When the contractor failed to begin work on the addition on May 1, the homeowner filed suit against the contractor. This situation is most analogous to which of the following scenarios?

Jan is a paralegal employed by Curley & Moe, a mid-size law firm. Her supervising attorney is Bob. Bob is representing Gil in the sale of the manufacturing division of Gil's business. Jan is aware that, pursuant to the purchase and sale agreement, Curley & Moe is holding $75,000 in its trust account. Curley & Moe has procedures for handling client money and deposit of fees, and those procedures include using a check request form to obtain checks for payment of funds out of the firm's trust account. However, all accounts are overseen by a senior partner, and only two senior partners are signatories on the trust account. Under the purchase and sale agreement, the $75,000 can be released to Gil when all assets of the manufacturing division have been transferred to the purchaser. After a month of work, all of the assets have been transferred. Jan's supervising attorney has asked Jan to submit a check request to the office manager and obtain a check payable to Gil in the amount of $75,000. From the answer choices listed below, what is Jan's best response?

A cardboard box is to shipping as a(n) ________ is to _________.

Buyer entered a contract with Seller for the purchase of real estate. In the county records, the land in question is divided into two lots - Parcel 1 and Parcel 2. When the transaction closed, the Seller signed the deed conveying the property believing that she was selling only Parcel 1. She later discovers, however, that the legal description attached to the deed covered both Parcel 1 and Parcel 2. Seller then sues Buyer claiming that the legal description was changed after she signed the deed. This situation is most analogous to which of the following scenarios?

A squirrel, which makes his home in a national forest, spends six months in the summer and fall collecting and burying nuts. The following winter, the squirrel digs up the nuts and eats them at a time when food is scarce. This situation is most analogous to which of the following scenarios?

Day is to night as a(n) _________ is to a(n) ________.

A corporation is to a subsidiary as a(n) ________ is to a(n) _________.

A brown car ran a red light at the intersection of Oak Avenue and President's Way while proceeding south on Oak Drive. Joan was driving her Prius and headed east on President's Way. As she approached Oak Avenue, the light was green and she proceeded through the intersection, but a collision occurred between Joan's car and the brown car. Bob is the owner of the brown car, but Bob was not driving the brown car at the time of the collision. Kara is a paralegal and employed by an attorney who is considering filing a negligence suit on behalf of Joan. The attorney asks Kara to review the facts of Joan's case and determine whether any additional investigation of the facts is necessary. Should Kara report that additional investigation is needed?

The following conversation took place between Consuela, a paralegal, and Rita, the owner of Citywide Realty. Consuela's employer has asked her to interview Rita about whether an enforceable contract was formed between Citywide and an office leasing company. Consuela: Good morning, Rita. I understand we need to talk about the leasing company matter. Rita: Good morning, Consuela. That's right. I first started by calling Cal, the leasing agent for the office space on Main Street. I asked him if the space was still available and rental rate on a per-square-foot basis. I had done a walkthrough of the office with Cal about five months earlier, but decided I wasn't ready to move out of my home office, so I didn't lease at that time. Consuela: What did he say? Rita: Cal said it was available and that the asking price was $5.50 per square foot. He said he could offer it at that price for a total of 1,000 square feet. I then asked him if that included utilities and maintenance, and he said yes. Consuela: What happened then? Rita: Well that price was about $1.00 higher than when I did the walkthrough. I told him I didn't like the asking price. He told me that vacancy rates had gone down, so the market price had gone up and that he couldn't go any lower. I told him I'd think about it, but I had doubts about leasing at that price. That was the end of the call. A week later, Cal claimed we had entered a lease for the space. Which of the following best identifies the key facts as described by Rita?

The United States Constitution is to the Bill of Rights as a(n) _________ is to __________.

A crime is to a criminal as ________ is to a(n) _________.

The following facts were established during a criminal trial: - The victim was the owner of U-Store-It, a 24-hour-access storage facility. - The victim was found dead at 4:00 a.m. on December 15. - A security camera showed Defendant at the storage facility at 1:00 a.m on December 15. - The victim and Defendant knew each other and were friends. - The victim had borrowed $500 from Defendant.- At 10:30 a.m. on December 15, Defendant deposited $500 in his checking account.- An autopsy showed that the victim died six hours before he was found dead.What factual deduction can Defendant's counsel use to argue that Defendant is not guilty?

An anthropologist was working on an archeological dig of an ancient village in a Central American country. Near the ancient village, she discovered a large circle of rocks, with larger four larger rocks carefully placed on the northern, southern, eastern, and western sides of the circle. She also found four rectangular-shaped rocks placed at other points around the circle. After a survey, the anthropologists learned that the center of the circle and the rectangular-shaped rocks were aligned with rising and setting sun on the summer solstice and with the rising and setting sun on the winter solstice. Based on this information, the anthropologist concluded, "This ancient society worshipped the sun." What assumption does this conclusion require?

The jury concluded that the driver of the brown car ran a red light at the intersection of Maple Drive and First Street while proceeding south on Maple Drive. Joan testified that she was driving her blue Toyota and headed west on First Street. She further testified that, as she approached Maple Drive, the light was green and that, as she proceeded through the intersection, a brown car collided with her Toyota. The jury accepted Joan's testimony and concluded that the driver of the brown car negligently caused the collision. Evidence shows that Bob is the owner of the brown car. Based on these facts alone, was Bob negligent?

A surgeon performed abdominal surgery on a patient. After the operation, the patient had abdominal pain for months. An x-ray then revealed that a sponge had been left in the patient's abdomen. The patient then sued the surgeon for negligence. The surgeon admitted that he owed a duty of care to the patient. From the following answer choices, what additional fact would be most helpful in completing the patient's claim?

Sunrise Travel is a Florida corporation that markets cruises and other vacation packages. It employs 500 people. Sunrise Travel's Articles of Incorporation state that all employees are considered at-will employees, except for the President and other officers appointed by the Board of Directors. Mr. Hernandez is the President of Sunrise Travel. Sunrise Travel's Human Resources Department issued an employee handbook stating that the rules in the handbook apply to all at-will employees. If a paralegal concluded that the rules of the employee handbook do not apply to Mr. Hernandez, would that conclusion be correct?

Bigtime Business is a Minnesota corporation that manufactures widgets and employs 500 individuals. Bigtime Business's Articles of Incorporation state that all employees are considered at-will employees, except for the President and other officers appointed by the Board of Directors. Bigtime Business's employees formed a union, and all employees joined, but the union agreed in a collective bargaining agreement that the rules in Bigtime Business's employee handbook apply to all at-will employees. If a paralegal concluded that the rules of the employee handbook applied to Mr. Hernandez, what minor premise is necessary for that conclusion?

Teri is a paralegal who works for a three-attorney law firm. Teri works mainly for Cheryl on family law and custody matters. David is a former client whose divorce was finalized about six months ago. One afternoon when Cheryl was in court, Teri received a call from David. David said that he really liked Cheryl's work on his case and that he wanted to hire the firm for another matter. David asked if he could drop off a check that afternoon payable to the firm's trust so that he could "withdraw" the funds at a later time. He said he wasn't interested in receiving interest on the funds and would pay a reasonable fee for time the funds were in the trust account. From the answer choices listed below, what is Jan's best response?

The common law is to statutes as __________ is to __________.

Phrenology is the study of the size and shape of the skull and cranium as a means of determining mental abilities. Which of the following is most analogous to the description of phrenology?