FREE MS Bar Multistate Performance Questions and Answers
You are asked to draft a memorandum of law arguing whether a client's contract breach is excused under the doctrine of impossibility. Which of the following arguments should be included?
The doctrine of impossibility excuses a party from performing a contract if unforeseen events make performance impossible. To succeed in such an argument, you must show that these events were unforeseeable and not within the client's control.
When drafting a complaint for a breach of contract case, which of the following elements is essential to include?
A complaint must include a detailed description of the contract's terms and the manner in which the defendant breached the contract. This provides the basis for the legal claim and helps the court understand the specifics of the alleged breach.
When reviewing a client’s will to ensure it meets legal requirements, which of the following should you check for?
For a will to be valid, it typically must be signed by the testator in the presence of two witnesses who also sign the will. While some states may have specific formatting requirements or notary requirements, the essential component for validity often includes the witnessing process.
In drafting a motion for summary judgment, what is the key component that must be demonstrated?
A motion for summary judgment is based on the argument that there are no genuine disputes about material facts and that, given those facts, the moving party is entitled to judgment as a matter of law.
Your client, a small business owner, is concerned about a potential trademark infringement lawsuit. What is the most appropriate initial advice to include in your letter?
The appropriate initial advice is to conduct a trademark search to assess the potential risks and benefits related to the trademark in question. This allows for informed decision-making about how to proceed. Immediate cessation or ignoring the claim could be premature or unwise without proper evaluation.