FREE SD Bar Multistate Performance Questions and Answers
You are tasked with drafting a memorandum to a client explaining whether a proposed contract is enforceable. Which of the following elements should you not include in your memorandum?
When drafting a memorandum on the enforceability of a contract, the focus should be on the legal standards for contract formation , the client's potential legal risks, and relevant case law . A detailed description of the client’s personal background is not relevant to the legal analysis of the contract’s enforceability and should not be included in the memorandum.
In drafting a complaint for a breach of contract claim, which of the following should be included?
A complaint should include a clear statement of the facts that support the breach of contract claim . It is not necessary to include details about the opposing party’s financial status, an analysis of their legal arguments, or potential settlement offers at this stage. The complaint’s primary purpose is to outline the factual and legal basis for the claim.
When drafting a settlement agreement, which provision is essential to include to ensure that both parties understand the resolution of the dispute?
The essential provision in a settlement agreement is the inclusion of the specific terms of the settlement, including any financial payments. While a confidentiality clause might be relevant, the complete history of the litigation and a waiver of the right to appeal are not necessary for ensuring that the terms of the settlement are clear to both parties.
While conducting legal research for a case involving negligence, which source would be the most authoritative in determining the applicable legal standard?
The most authoritative source for determining the applicable legal standard in negligence is the statutory code defining negligence . While a treatise and a law review article may provide valuable insights, the statutory code provides the primary legal standard. A legal blog is less authoritative and should not be relied upon as the primary source for legal standards.
When drafting a will, which of the following is a required element to ensure the will is valid?
For a will to be valid, it generally must be signed by the testator in the presence of at least two witnesses who also sign the will . Notarization is not typically required for a will’s validity, and listing all assets in detail is not necessary. Filing the will with the probate court is not required to make the will valid, but it is required for the probate process after the testator’s death.