About Integrated Question Sets

Just over a quarter of the exam time will be devoted to integrated question sets. Each of these sets is based on a common fact scenario and may include some legal resources (e.g., excerpts of statutes or judicial opinions) and/or supplemental documents (e.g., a police report or excerpt from a deposition) and include multiple-choice, medium-length, and/or short-answer questions. In addition to testing doctrinal law, some integrated question sets will be focused on drafting or editing a legal document; other sets will be focused on counseling and/or dispute resolution. 

Below are two integrated question sets. 

Integrated Question Set 1 – Flooded Apartment 

You are a solo practitioner. Through your local bar’s volunteer lawyers program, you have agreed to take on a pro bono case in which you represent a woman whose apartment has flooded.  

The following is an excerpt from your notes from the initial interview with the client: 

• One month ago, during a major storm, an inch of water entered the client’s apartment. The water streamed in through closed windows. The apartment has carpet throughout, which became completely soaked with water.
• The property manager refuses to do anything about the flooding and said that the lease the client signed makes it clear that the landlord is not responsible for any repairs.
• The property manager also claims that the client did not take proper precautions before the storm because the client did not close the exterior shutters.
• After the storm, the property manager told the client that it was her responsibility to rent a wet/dry vacuum and some large fans to dry out the carpet.
• The client paid several hundred dollars to rent a wet/dry vacuum and fans, but the carpet is still wet and feels uneven when the client walks on it.
• When the client reported this to the property manager, the property manager told the client that the client had the option to not renew her lease.
• The client asked a contractor friend of hers to look at the apartment and offer other suggestions for what she could do. The friend said that, at a minimum, the carpets would all need to be replaced.
• The client is on a limited budget and cannot afford to continue to try to repair the carpet.
• The client cannot keep living in these conditions but cannot afford to move out of the apartment complex. The complex is close to a bus route that goes directly to the client’s workplace.
• The client is in a yearly lease, which ends in two months, and the client would like to renew her lease. Pursuant to the lease, the client pays rent monthly and makes the checks out to “[the property manager’s name].”
• The lease identifies “Rentals LLC,” a limited liability company, as the landlord. The lease was signed by both the client and the property manager, who signed as “Managing Member of Rentals LLC.” 

End of excerpt 

The lease includes the following provision: 

Condition of the Premises

Landlord makes no covenants or warranties about the condition of the leased premises and disclaims all responsibility for the condition of the leased premises. Tenant agrees to be solely responsible for maintaining the condition of the leased premises. Tenant waives any and all rights to the contrary, including but not limited to a right to bring a claim related to the habitability of the leased premises. 

End of excerpt 

You determine that your jurisdiction has a residential landlord-tenant statute that applies to the lease. The following is an excerpt from that statute: 

§ 6-20-5 Landlord’s Duty to Maintain Premises; Prohibited Conduct

(a) Subject to subsections (d) and (e), a landlord has a nonwaivable duty to maintain the premises in a condition fit for human habitation.  

(b) A dwelling unit is uninhabitable if it substantially lacks any of the following: 

(1) effective waterproofing and weather protection of the roof and exterior walls, including unbroken windows and doors; 

(2) plumbing facilities in good working order, including hot and cold water connected to a sewage disposal system; 

(3) clean and sanitary buildings, grounds, and appurtenances free from accumulations of debris, filth, rubbish, garbage, rodents, and vermin; 

(4) adequate facilities for garbage disposal; 

(5) floors, stairways, and railings maintained in good repair; 

. . . 

(c) A tenant has a cause of action for breach of the duty indicated in subsection (a). This cause of action supplants any common-law claims for breach of the landlord’s implied warranty of habitability. 

(d) A landlord’s duty in subsection (a) is relieved if the uninhabitable condition of the premises was caused by an unreasonable act or omission of the tenant, the tenant’s immediate family member, or the tenant’s guest. 

(e) If the premises are substantially damaged by fire, water, or a natural disaster and continued occupancy of the unit is unlawful or dangerous or requires repairs that can be made only if the tenant vacates the premises, the landlord may terminate the lease by giving the tenant reasonable written notice. 

(f) Any provision in a lease that purports to waive the landlord’s duty in subsection (a) is unenforceable. If the landlord attempts to enforce such a provision, the tenant has a cause of action in the amount of three times the periodic rent. This cause of action accrues irrespective of any claim the tenant may have for breach of the duty described in subsection (a). 

End of excerpt 

Component 1: Given the facts now known, which of the following is an accurate application of §6-20-5 of the landlord-tenant statute to the client’s situation?  

Select one response option. 

A. The section allows the landlord to enforce the lease provision and makes the client responsible for the full extent of the repairs. 

B. The section allows the landlord to enforce the lease provision but does not decide the issue of which party is responsible for the repairs. 

C. The section makes the lease provision unenforceable and makes the landlord responsible for the full extent of the repairs. 

D. The section makes the lease provision unenforceable but does not decide the issue of which party is responsible for the repairs. 

You turn your attention to whether the client has a viable claim that the landlord violated the statutory duty of habitability. 

Component 2: List two specific facts now known that support the position that the landlord violated the duty to maintain the premises in a habitable condition pursuant to § 6-20-5(b). 

Provide one answer in each answer field. The length of each answer should be about one sentence. 

You receive an email from the client. In the email, the client says, “I’m worried that the landlord is going to make me move. I can’t afford to move.” In your response to the email, you want to advise the client about actions the landlord may take that would cause the client to relocate. Before responding, you confirm that there is no relevant anti-retaliation statute in your jurisdiction. 

You explain in your email to the client that the landlord does not have grounds to evict her. 

Component 3: Pursuant to § 6-20-5 and the facts now known, list two specific actions—other than eviction—that the landlord could take that would cause the client to relocate. 

Provide one answer in each answer field. The length of each answer should be about one sentence. 

You continue to investigate the client’s potential claims against the landlord. You turn your attention to § 6-20-5(f) of the statute and consider whether the client has a cause of action against the landlord under this subsection. 

Component 4: Which of the following facts provide the most support to a cause of action under § 6-20-5(f)?  

Select two response options. 

A. The client is on a limited budget. 

B. The flooding was caused by a major storm. 

C. The property manager told the client that it was her responsibility to rent a wet/dry vacuum and large fans. 

D. The property manager told the client that the client had the option to not renew her lease. 

E. The property manager told the client that the damage was caused by her failure to close the exterior shutters before the storm.  

F. The property manager told the client that the lease the client signed makes it clear that the landlord is not responsible for any repairs. 

You file a complaint in the proper court on behalf of your client against Rentals LLC for violations of § 6-20-5. The claim is diverted into a mandatory mediation program designed to resolve disputes between landlords and tenants.  

The first mediation session occurs, and Rentals LLC offers to settle the matter under the following terms: 

• The client is to relocate to a different apartment in the same apartment complex that does not need repairs.
• The property manager will reimburse the client for the two months of rent she paid after the storm occurred.
• The parties will agree to terminate the client’s current lease.
• The parties will enter into an agreement for the new apartment at the same rent as the client’s former lease on a month-to-month basis.
• The new apartment is ready for the client to move into immediately. 
   

You explain to the client that agreeing to the proposal would eliminate any potential benefits from negotiating further or going to trial. You also explain that accepting the proposal would not prevent future conflicts or litigation related to future conflicts.  

Component 5: Without simply restating the terms of the settlement proposal, list two specific additional drawbacks to the client—other than the ones you have already explained to the client—of Rentals LLC’s proposal, taking into consideration the client's known objectives, interests, and constraints. 

Provide one answer in each answer field. The length of each answer should be about one sentence. 

The first mediation session concludes without a resolution. Before the next scheduled mediation session, you research publicly available documents about Rentals LLC and discover that the LLC was created five years ago, it is registered as a member-managed LLC with two members, the LLC conducts different, unrelated types of business, and the building in which the client lives is owned by the property manager personally.  

Given the information you have learned so far, you consider whether you should argue during mediation that Rentals LLC’s veil of limited liability can be pierced because Rentals LLC is the alter ego of the property manager.  

Component 6: List two specific facts now known that support the position that Rentals LLC’s veil of limited liability can be pierced, holding the property manager personally liable for Rentals LLC’s obligations. 

Provide one answer in each answer field. The length of each answer should be about one sentence. 

Integrated Question Set 2

You are an associate in a law firm. Your supervisor has asked you to work on a matter for a new client, a landscaping company that recently completed a two-part project for a homeowner and is now in a dispute with the homeowner over payment.  

The following is an excerpt from an email you received from your supervisor:

To: [You]
From: [Supervisor]
Subject: First Draft of Complaint

We have been unable to negotiate a settlement with the homeowner as to the two landscaping contracts, so we are preparing to file a complaint on behalf of the client against the homeowner. A law clerk has created a first draft of the complaint. I need you to make sure that all the language in the draft is factually and legally supported and that it complies with Franklin Rule of Civil Procedure 10(b). I want to keep the two contract claims separate in the interest of clarity and in the event we need to sever a claim. I am attaching a transcript of my interview with the client for your reference. 

End of excerpt 

The following is an excerpt from the transcript of the supervisor’s interview with the owner of the landscaping company: 

[Supervisor]: I understand that your company had a landscaping contract with a homeowner who is refusing to pay for the work. Do you have a written contract?

[Owner]: Actually, we had two contracts with this homeowner; I have copies of both contracts with me.

[Supervisor]: Let’s discuss the contracts separately. What is the problem you’re having with the homeowner as to the first contract?

[Owner]: This homeowner recently built a house and wanted the backyard to be landscaped as a large entertainment space. There is a historic oak tree in the backyard, and she wanted it to be featured in the landscaping design. I visited the property and sketched a plan for the project that featured the oak tree, and then I drew up a contract and attached the landscaping plan to the contract. The homeowner signed the contract and paid $70,000 of the $140,000 contract price as a deposit before we started the work.

[Supervisor]: Did you complete the project as it was set out in the landscaping plan?

[Owner]: I think so. I did everything I was supposed to. Then I billed the homeowner for the remaining $70,000, but now she’s refusing to pay because she thinks we damaged the oak tree. She says the tree looks like it is dying. I don’t think we did anything that would have injured the tree. We’re careful about these things.  

[Supervisor]: Okay, that gives me a good start on the issues concerning the first contract. Now, please tell me about the second contract.  

[Owner]: A few days after we started work on the backyard landscaping project, the homeowner asked whether we could add a fishpond to the backyard. I said we could do it for $20,000, that we didn’t need a deposit, and that the amount was payable upon completion. She agreed to that price, and I drew up another contract, which she signed. 
 
[Supervisor]: Did you complete the fishpond?

[Owner]: Yes. We completed the fishpond, and the homeowner expressed her satisfaction with it. I billed her for it after we had finished the work, but now she’s refusing to pay the $20,000 for the fishpond until we do something about the oak tree.

End of excerpt

You review the contracts and confirm that the terms are as the client described them. You also confirm that neither contract includes a liquidated damages clause or a clause allowing for the recovery of attorney’s fees in the event of breach. You then research the applicable law in your jurisdiction.

The following are excerpts of your jurisdiction’s rules regarding the form of pleadings:

Franklin Rule of Civil Procedure 10

. . .

(b) Paragraphs; Separate Statements. A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence—and each defense other than a denial—must be stated in a separate count or defense.

Franklin Rule of Civil Procedure 38

(a) Right Preserved. The right of trial by jury as declared by the Seventh Amendment to the Constitution—or as provided by a federal statute—is preserved to the parties inviolate.

(b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by:

(1) serving the other parties with a written demand—which may be included in a pleading—no later than 14 days after the last pleading directed to the issue is served; and

(2) filing the demand in accordance with Rule 5(d). 

End of excerpts

You find the following opinion in your jurisdiction:

Wexler Properties LLC v. Raymond Construction

Franklin Supreme Court (2022)

Wexler Properties hired Raymond Construction to renovate a downtown commercial building for office and retail use. The contract required Raymond to complete interior renovations and roof repairs by September 1. Raymond began work but later reassigned its crews to a more profitable project. As a result, Wexler’s project fell behind schedule. Raymond nevertheless assured Wexler that the work was progressing. Wexler eventually terminated the contract, hired a replacement contractor, and sued for breach of contract, seeking compensatory damages, punitive damages, and attorney’s fees.

. . .

The governing rules are settled. Punitive damages are not available for a mere breach of contract, even if the breach is intentional, willful, or done in bad faith. Pelleteri v. Howser (Franklin S. Ct. 2017). Punitive damages are permitted only when the conduct constituting the breach also amounts to an independent tort or other actionable wrong for which punitive damages are recoverable and the plaintiff proves the sort of aggravated misconduct that justifies punishment. Id.

Wexler proved an intentional breach. The evidence showed Raymond knowingly diverted labor and resources to earn more elsewhere and misled Wexler about the project’s status. That conduct was self-serving, but it did not establish an independent tort.

That Raymond acted deliberately does not change the result. Contract law compensates for broken promises; it does not punish for a contract breach unless the defendant also violated a duty imposed by law independent of the agreement.

Raymond breached its renovation contract, and Wexler is entitled to compensation for that breach. But Wexler proved only a breach of contractual duties and resulting economic loss. Because no independent tort was shown, punitive damages are unavailable.

Furthermore, attorney’s fees are generally not available for a claim for breach of contract. For a claim for breach of contract, a party may not recover attorney’s fees from the other party unless the claim is brought under a statute that provides for the recovery of attorney’s fees or the parties have provided for attorney’s fees in the contract. Because neither situation applies here, the plaintiff is not entitled to attorney’s fees.

The judgment denying punitive damages is affirmed.

So ordered.

End of opinion

The following is an excerpt of the draft complaint:

[caption omitted]

COMPLAINT AND JURY DEMAND

. . .

Facts 

18. The first contract signed by Defendant [the homeowner] included a landscaping plan that featured a large existing oak tree.

19.–26. [Additional pleaded facts concerning the first contract]

27. Plaintiff [the client] completed the landscaping work according to the landscaping plan.

28. Plaintiff billed Defendant $70,000, which is the remaining payment due under the contract for the landscaping services.

29. Defendant has declined to pay the bill.

30. After Plaintiff completed the work under the first contract, Plaintiff and Defendant entered into a second contract for the construction of a fishpond.

31. Plaintiff completed construction of the requested fishpond on [date].

32. Defendant expressed satisfaction with the fishpond.

33. Plaintiff billed Defendant $20,000 for the work.

34. Defendant has made no payment as to the second contract.

Count 1: Breach of Contract of the First Contract: Landscaping 

35. [Plaintiff re-alleges the allegations set forth in Paragraphs 18–34 above and incorporates the same herein by reference.]

36. Plaintiff and Defendant entered into the first contract for the landscaping services on [date].

37. Plaintiff substantially performed the landscaping services featuring the oak tree pursuant to the landscaping plan.

38. Defendant breached the contract by declining to pay the remaining balance due of $70,000 for the landscaping services.

Count 2: Breach of Contract of the Second Contract: Fishpond

39. [Plaintiff re-alleges the allegations set forth in Paragraphs 18–34 above and incorporates the same herein by reference.]

40. Plaintiff and Defendant entered into the second contract for the construction of a fishpond on [date].

41.  Defendant agreed to pay $20,000 under the contract.

42. Plaintiff fully and properly performed the second contract by installing the fishpond.

43. Defendant breached the contracts by failing to pay Plaintiff $90,000: $20,000 for the agreed-upon work on the fishpond in addition to the $70,000 still owed under the first contract.

Demand for Jury Trial 

44. Plaintiff demands a trial by jury of all triable issues pursuant to Franklin Rule of Civil Procedure 38.

Prayer for Relief 

45. Plaintiff seeks contractual damages in the amount of $70,000 on the first contract and $20,000 on the second contract [and statutory interest].

46. Plaintiff seeks punitive damages in the amount of $5,000.

47. Plaintiff seeks reasonable attorney’s fees in an amount to be determined by the court.

[Signature block]

End of excerpt 

Question: Per your supervisor's instructions, review the draft complaint and identify four distinct paragraphs that are inconsistent with the facts, the law, or the client’s known objectives, interests, and constraints. For each inconsistency, list the number of the paragraph in which the inconsistency occurs and explain how it is inconsistent with the facts, the law, or the client’s known objectives, interests, and constraints. Assume that the formatting, numbering, and bracketed information are correct. Do not simply restate or summarize the text. You do not need to provide a revision.

Provide one answer in each answer field. The length of each answer should be about 1–2 sentences.