Your client suffered injuries when her bicycle collided with the defendant’s motorcycle. On her behalf, you filed a personal injury action against the defendant, alleging that the defendant was operating the motorcycle on the wrong side of the road at a dangerously high speed. The defendant denied this allegation and denied that he was at fault in the accident. At trial, you seek to call the defendant’s neighbor to testify that, in her opinion, the defendant is extremely impulsive and prone to taking unnecessary risks. Is the neighbor’s testimony likely to be admissible? Select one.

A pedestrian was hit by a truck while crossing the street, and the truck left the scene. Eventually a passerby discovered the pedestrian and called 911. When paramedics arrived an hour later, the pedestrian was drifting in and out of consciousness. As the paramedic assessed the pedestrian’s wounds, the pedestrian murmured, “It’s no use, I’ll be dead before we get to the hospital. The truck ran the stop light.” The driver of the truck was eventually identified by law enforcement. The pedestrian survived his injuries and filed a personal injury lawsuit against the driver, but then died of causes unrelated to the accident before the case went to trial. In accordance with the laws of the jurisdiction, the pedestrian’s estate is substituted for the pedestrian as plaintiff. At trial, the pedestrian’s estate seeks to call the paramedic to testify to the pedestrian’s statement. You are assisting the judge presiding at trial. Your research finds that the Federal Rules of Evidence provide a hearsay exception in a civil case or a homicide prosecution for a statement made by a now-unavailable declarant while believing his death to be imminent, provided the statement concerns the cause or circumstances of what he believed to be his impending death. Should you recommend to the judge that the paramedic’s testimony is admissible? Select one.

Your client is a dairy farmer who has sued a pharmaceutical company for dumping toxic chemicals into a lake on land that was owned by the pharmaceutical company and adjacent to the farmer’s land. The client is prepared to testify that she encountered an employee of the pharmaceutical company dumping some material into the lake and asked him what he was doing. The employee replied that he was just following orders, but that she should keep her animals away from the lake. May the client likely testify as to the employee’s statement? Select one.

On November 6, the proprietor of an independent bookstore sent a letter to a furniture wholesaler asking for the price of a certain bookshelf he knew the wholesaler sold. The wholesaler sent a written reply with a catalog listing the prices and descriptions of all of its available bookshelves. The letter stated that the terms of sale were cash within 10 days of delivery. On November 14, by return letter, the bookstore proprietor ordered the bookshelf, enclosing a check for $400, the listed price. Immediately on receipt of the order and check, the wholesaler informed the bookstore proprietor that there had been a pricing mistake in the catalog, which should have quoted the price as $450 for that bookshelf. The bookstore proprietor refused to pay the additional $50, arguing that his order of November 14 in which the $400 check was enclosed was a proper acceptance of the wholesaler’s offer. The wholesaler would like to sue the bookstore proprietor for damages and meets with you to discuss the possibility of a lawsuit. Should you advise the wholesaler that she will prevail? Select one.

Your client is the driver of a pickup truck who ran through a red light because her tire suddenly blew. The client’s truck struck a pedestrian who was crossing at the crosswalk, seriously injuring him. The pedestrian sued the client for his injuries. At trial both parties stipulated to the above facts, and that a statute in the jurisdiction required vehicles to stop at red lights. The client testified that she had not previously had any indication of problems with her tire. At the close of the evidence, the pedestrian moved for a directed verdict in his favor. If the motion is granted, the pedestrian will prevail; if it is denied, the case is submitted to the jury. How do you expect the court to rule? Select one.

Your client is a dermatologist who was treating a young teenager’s acne. The client used a newly developed laser treatment that was more effective than the standard laser treatment. However, it carried a 1% risk of causing serious scarring when administered to teenagers, which the client did not mention to the teen’s mother or note in the consent forms, which stated only that a laser treatment would be used. The teen’s treatment was completed without any problem, but the mother looked up the particular treatment on the Internet and learned about the risk. She complained to the client that she would not have consented to use of this particular treatment had she known of the risk, but the client argued that using the new treatment was justified in the teen’s case because it greatly reduced the likelihood of the teen needing a return visit. Does the mother have a cause of action on behalf of the teen against the client? Select one.

A pedestrian was injured by an intoxicated driver and subsequently sued your client, a nightclub, for allegedly serving too much alcohol to the driver. At trial, you called the nightclub’s bartender to the stand. Surprisingly, the bartender testified that she served the driver approximately nine margaritas on the night in question. You question the bartender about her deposition testimony, in which she said that she had served the driver one margarita and then “cut him off” because he seemed too intoxicated. The bartender denies having made the statement, and you seek to admit the deposition statement into evidence. Is this likely to be permissible? Select one.

You represent a client who was involved in a boating accident. A 12-year-old girl who lived in a waterfront home with her parents in a chain of lakes region had learned to operate the family’s motorboat when she was 10, and has used it regularly since then. A state statute permitted persons 10 and above to operate a motorized vessel as long as they have completed a boating safety class, which the girl had done. One day the girl and her friend took the boat out to visit a park along a neighboring lake. As she was going through a narrow channel to the other lake, she was distracted by a video on her friend’s phone and struck your client’s boat heading in the opposite direction in the channel. If you file a lawsuit on behalf of your client against the girl to recover for the damage to his boat, which of the following statements is most correct regarding the standard of care to be applied? Select one.

You represent a farmer. On March 1, the farmer offered to sell his farmland to a real estate developer for $500,000. The real estate developer paid the farmer $5,000 to hold the offer open for a period of 30 days. On March 10, the real estate developer wrote to the farmer, telling him that she could not pay more than $450,000 for the farmland, and that if he would not agree to accept that amount, she would not go through with the deal. The real estate developer received no reply from the farmer. On March 29, the real estate developer mailed a letter to the farmer telling him that she accepted his offer to sell the farmland and enclosed a check for $500,000. The farmer received this letter on April 1. The farmer wants to know if the parties have a contract, so he contacts you for advice. Should you advise him that a contract has been formed between the parties for the sale of the farmland? Select one.

Case One  A 16-year-old woman gravida 1, at 39 weeks gestation presents with a headache, swelling in her feet and hands with a weight gain of 10 pounds in the last week. She reports contractions every 10 minutes, good fetal movement and denies leakage of fluid or vaginal bleeding. On examination, her blood pressure is 145/97 mmHg, pulse 80 bpm, weight 180 pounds; abdomen is nontender with fundal height of 38 cm; lower extremities have 2+ pitting edema. Fetal heart tones are 120 beats/min and her urine dipstick has 3+ protein. Her cervix is 3/75%/+1, anterior and soft.