Andre is in 11th grade at his local public high school. He wants to take the school’s ballet class as one of his required electives but the school only allows girls to enroll in the class. Andre sues under the 14th Amendment. How will a court determine the result? a. The court will apply strict scrutiny and the school will have to demonstrate that the rule is necessary to promote a compelling state interest b. The court will apply intermediate scrutiny and the school will have to demonstrate that the rule is rationally related to a legitimate goal c. The court will apply minimal scrutiny and the school will have to demonstrate that the rule is substantially related to an important government interest d. The court will apply intermediate scrutiny and the school will have to demonstrate that the rule is substantially related to an important government interest Marcel is picnicking in a crowded local park. He decides he would be more comfortable naked, so takes off all his clothes. He can only enjoy a few more bites of his lunch before he is arrested for violating city ordinances about public nudity. Marcel sues. If the court finds that Marcel’s actions do not warrant First Amendment protection, it is probably because: a. His nudity was not intended to convey a particularized message. b. There were children at the park. c. He was not speaking while he was naked. d. The Federal government does not regulate this issue, so state law controls. Eloise plans to build an addition on her house that she will operate as a bed and breakfast. The town rejects her plans, on the grounds that she must first obtain an expensive commercial building permit. Eloise argues that she is just modifying her own residence that she owned the residence before the commercial permit legislation was passed, and therefore does not need the expensive permit. At the court hearing on her case, the town mayor serves as judge. This is: a. proper procedural due process, because Eloise has a chance to be heard b. a violation of the Commerce Clause c. a violation of procedural due process requirements d. a violation of substantive due process requirements To protect Native Americans, the Federal government passes a law prohibiting their taxation. Oklahoma amends its own tax law, adding a small tax on Native Americans. Is the Oklahoma law constitutional? a. No, the statute violates the Supremacy Clause. b. Yes, police powers are reserved for the states. c. Yes, because Congress does not have authority over state taxes. d. No, the statute violates the dormant Commerce Clause. You begin work at Everhappy Corp. at the beginning of November. On your second day at work, you wear a political button on your coat, supporting your choice for governor in the upcoming election. Your boss glances at it and says, “Get that stupid thing out of this office or you’re history.” You protest that his statement violates your constitutional r.

1. Andre is in 11th grade at his local public high school. He wants
to take the school’s ballet class as one of his required electives
but the school only allows girls to enroll in the class. Andre
sues under the 14th Amendment. How will a court determine the
result?
a. The court will apply strict scrutiny and the school will have
to demonstrate that the rule is necessary to promote a
compelling state interest
b. The court will apply intermediate scrutiny and the school will
have to demonstrate that the rule is rationally related to a
legitimate goal
c. The court will apply minimal scrutiny and the school will
have to demonstrate that the rule is substantially related to an
important government interest
d. The court will apply intermediate scrutiny and the school will
have to demonstrate that the rule is substantially related to an
important government interest
Marcel is picnicking in a crowded local park. He decides he
would be more comfortable naked, so takes off all his clothes.
He can only enjoy a few more bites of his lunch before he is
arrested for violating city ordinances about public nudity.
Marcel sues. If the court finds that Marcel’s actions do not

2. warrant First Amendment protection, it is probably because:
a. His nudity was not intended to convey a particularized
message.
b. There were children at the park.
c. He was not speaking while he was naked.
d. The Federal government does not regulate this issue, so state
law controls.
Eloise plans to build an addition on her house that she will
operate as a bed and breakfast. The town rejects her plans, on
the grounds that she must first obtain an expensive commercial
building permit. Eloise argues that she is just modifying her
own residence that she owned the residence before the
commercial permit legislation was passed, and therefore does
not need the expensive permit. At the court hearing on her case,
the town mayor serves as judge. This is:
a. proper procedural due process, because Eloise has a chance to
be heard
b. a violation of the Commerce Clause

3. c. a violation of procedural due process requirements
d. a violation of substantive due process requirements
To protect Native Americans, the Federal government passes a
law prohibiting their taxation. Oklahoma amends its own tax
law, adding a small tax on Native Americans. Is the Oklahoma
law constitutional?
a. No, the statute violates the Supremacy Clause.
b. Yes, police powers are reserved for the states.
c. Yes, because Congress does not have authority over state
taxes.
d. No, the statute violates the dormant Commerce Clause.
You begin work at Everhappy Corp. at the beginning of
November. On your second day at work, you wear a political
button on your coat, supporting your choice for governor in the
upcoming election. Your boss glances at it and says, “Get that
stupid thing out of this office or you’re history.” You protest
that his statement violates your constitutional rights. Are you
right?

4. a. No, because an employer has the right to regulate how
employees look at work.
b. Yes, it violates your constitutional right to free speech.
c. No, an employer has the right to fire an employee for any
reason.
d. No, because the employer’s statement is considered a
governmental action.
In the 1950s, Illinois enacted legislation requiring trucks to
have curved mud flaps. There was no federal law about mud
flaps at the time, but the Illinois statute was enacted because
state legislators asserted that the curved mud flaps were more
effective in preventing accidents than the straight mud flaps.
Several trucking companies brought suit, because the Illinois
statute conflicted with the laws of other states that required
straight mud flaps. Was the Illinois statute constitutional?
a. Yes because it did not discriminate against out of state
truckers.
b. No because it violated the Commerce Clause.

5. c. Yes, there was no federal statute so the state statute did not
violate the Supremacy Clause.
d. No, the Supremacy Clause does not allow conflicting state
legislation.
This chapter is filled with examples of statutes that have been
struck down by the courts. A Texas law banning flag burning
was rejected by the Supreme Court, as was a Louisiana death
penalty statute. Where does the Supreme Court get its power to
strike down congressional statutes as unconstitutional?
a. Intermediate scrutiny
b. Kennedy v. Louisiana
c. Judicial activism
d. Marbury v. Madison
The court in Salib v. City of Mesa held that the city’s Sign
Code, which prohibited the covering of more than 30 percent of
a store’s windows, was:
a. invalid because the city was required to use the least

6. restrictive means when regulating commercial speech.
b. invalid because the city had not clearly shown that store
signs had a significant impact on the city.
c. valid because the city has the automatic right to regulate
anything visible to the public
d. valid because the Code directly advanced a substantial
governmental interest and was narrowly tailored.
In our nation’s history there are several examples of presidents
sending troops abroad without consulting Congress. For
example, President Woodrow Wilson sent troops to Mexico
without Congressional approval, and later President Harry
Truman sent troops to Korea without consulting Congress. Why
were these actions controversial?
a. Because Congress has the ability to veto all of the president’s
decisions.
b. Because Congress commands the armed forces.
c. Because only Congress has the power to declare war.

7. d. Because the Chairman of the Joint Chiefs of Staff is the top
ranking military officer in the United States and, as such, is the
only person who can send troops abroad.
David Lucas paid $975,000 for two residential lots on the Isle
of Palms near Charleston, South Carolina. He intended to build
houses on them. Two years later the South Carolina legislature
passed a statute that prohibited building on property that lay
within a certain distance of the ocean’s high water mark, and
Lucas’s property fell in the prohibited zone. Lucas claimed that
his land was now useless and that South Carolina owed him its
value. Should he win?
a. Yes, based on the Fifth Amendment Takings Clause.
b. Yes, based on the Fourteenth Amendment Equal Protection
Clause.
c. Yes, based on the Fifth Amendment Due Process clause.
d. Yes, based on the First Amendment Commercial Speech
clause.
Gilleo displayed a large sign on her front lawn that read, “Say
No to War in the Persian Gulf, Call Congress Now.” The city of
Ladue fined her for violating its prohibition on signs on front

8. lawns. Gilleo sued. The city claimed that it was regulating
“time, place, and manner.” Who should win?
a. Gilleo, because the prohibition was overly broad.
b. Gilleo, because only Congress can regulate the “time, place,
and manner” of political speech
c. Ladue, because Gilleo violated a valid local rule
d. Ladue, because Gilleo’s conduct is not considered speech
6.1
Statutory rape is a crime in which a defendant has sexual
intercourse with a person who is too young to be able to give
legal consent for sex. In a criminal case involving an alleged
statutory rape, the age of the victim at the time of the offense is
an issue to be determined by:
a. The prosecutor.
b. The jury in an appellate court.
c. The jury in a trial court.

9. d. The judges in an appellate court.
Large numbers of employees have signed mandatory arbitration
agreements in employment contracts. Courts usually uphold
these clauses. Which of the following is not an advantage of
using an alternative dispute resolution (ADR) in place of
litigation?
a. Trials can be trying and cause stress.
b. The parties will save on legal bills.
c. The employees will lose their rights to a class action.
d. The parties may be able to retain an ongoing relationship
with the each other once the ADR is completed.
Claudia and Patrick would like to dissolve their business
partnership. They are confident that they can work
collaboratively on the terms of the settlement, but they do not
have much money to spend on the process and are nervous about
the prospect of the terms being decided by a third party who is
unfamiliar with them and their industry. Which of the following
legal processes is a good choice for them?
a. Litigation

10. b. Mediation
c. Arbitration
d. None of these options is a good choice for Claudia and
Patrick.
In a civil case, a plaintiff wins a lawsuit if he is 51 percent
convincing, and collects 100 percent of his damages. In a
criminal case the prosecutor must prove his case beyond a
reasonable doubt. Why is there such a significant difference in
the burden of proof between civil and criminal cases?
a. The burden is higher in a criminal case because the
consequences that the defendant faces are more severe.
b. The burden is lower in a civil case because society wants to
encourage litigation; it is the best way to resolve disputes.
c. The burden is higher in a criminal case because we want to
make sure that we find more defendants guilty even if it risks
putting innocent people behind bars.

11. d. The burden is lower in a civil case because the plaintiff has
to pay both his own and the defendant’s legal fees.
Miles is floating happily on a rubber raft in his swimming pool
in New Jersey when the raft busts and cuts his eye. His doctor
says he will need corrective surgery and may never fully regain
his eyesight in the damaged eye. Miles learns that the raft was
manufactured in Louisiana, by Intack Inc., a company
headquartered in New Mexico. Miles bought the raft from a
Kidz Toyz store, a chain of stores in New Jersey that sells many
Intack products. Miles sues Intack in a New Jersey federal court
for $100,000. Intack files a motion to have the case moved to
federal court in New Mexico, saying that New Jersey lacks
jurisdiction over the case. Is Intack correct?
a. Probably. A company can be sued only in its place of
incorporation and where it is headquartered.
b. Probably. A company is treated as a person, and must be sued
only in a court that has personal jurisdiction over it.
c. Probably not. Miles is a New Jersey resident and may sue in
his home state.
d. Probably not. Intack does a significant amount of business in
New Jersey and can reasonably expect to be sued there.
You and a partner in Turkey plan to open a store in Chicago

12. selling rugs imported from Turkey. You are wise enough to
insist on a contract establishing the rights and obligations of
both parties and would prefer a clause requiring alternative
dispute resolution (ADR) of any conflicts that arise under the
contract. You want to be sensitive to your partner’s culture and
do not to propose a clause that will alienate him. What is the
best way you can accomplish all of this?
a. Research Turkish customs and incorporate them into the
clause.
b. Use a standard ADR clause that complies with American law.
c. Incorporate Turkish law into the clause.
d. Research Turkish law and hire a mediator familiar with
Turkish customs.
Prime Investments Corporation sues one if its executives,
Stewart, for embezzling client funds. At trial, Prime calls
several of Stewart’s colleagues to the stand, who testify that
Stewart is a bad person with no integrity and they were not
surprised to hear that he was accused of stealing money.
Typically opinions of this type are not admissible in court. The
jury finds Stewart liable to Prime for $1 million in stolen
money. If Stewart appeals, the appellate court will probably
a. Affirm the decision, because it will accept the trial court’s
factual findings.

13. b. Reverse the decision due to the trial judge’s legal error.
c. Affirm the decision, because it will accept the trial court’s
legal ruling.
d. Refuse to hear the appeal because judges have the right to
admit any testimony they want
Marshall claims that Victor breached their contract and sues
him in district court, seeking $80,000 in damages. If the trial is
being held without a jury it is most likely because:
a. The case is being heard in federal court.
b. Both parties waived their right to a jury.
c. The lawsuit is for money damages, not equitable relief.
d. This is not a criminal trial.
Eliza has been working as an administrative assistant at Giant

14. Coalmine Corp. for two years. Recently, several of her male
coworkers, including some of the company’s executives, have
started sexually harassing Eliza, engaging in unwanted sexual
advances, abusive language, and threatening behavior. Eliza has
discussed this situation with her female coworkers, several of
whom have experienced a similar pattern of inappropriate
treatment. The women feel intimidated and worry about losing
their jobs if they complain. What can Eliza and her attorney do
to strengthen their case against Giant Coalmine?
a. File a class action lawsuit against Giant Coalmine.
b. Mediate the dispute.
c. Request a default judgment.
d. File a motion for summary judgment.
During discovery, lawyers for the defense find out that the
plaintiff was hospitalized in a psychiatric facility last April. If
the court grants the defense access to the plaintiff’s full medical
records from that hospitalization, it is most likely because:
a. The court has made a mistake, as medical records are never
subject to discovery.
b. The defense needs to establish at trial where the plaintiff was

15. last April.
c. The plaintiff’s mental condition is relevant to the case.
d. The defense has provided the plaintiff with the defendant’s
medical records.
9.1
Lindsay decides to go skydiving for the first time, and chooses
a company with an excellent reputation. On the day of the dive,
Lindsay slips on some oil on the floor of the company’s airplane
hangar and she fractures her elbow. Will Lindsay win a
negligence suit against the skydiving company?
a. Yes, because skydiving is an ultrahazardous activity.
b. No, because when Lindsay signed up for skydiving she
assumed the risk of injury.
c. Yes, because Lindsay is an invitee of the skydiving company.
d. No, because the oil was a superseding cause.
Harris walked onto some train tracks, ignoring a yellow warning
line painted on the station platform, shouts from concerned

16. onlookers, and the ringing bells and flashing lights signaling the
approach of an express train. The train killed Harris, and his
widow sued the railroad arguing that its negligence caused her
husband’s death. Will she win?
a. Yes, because under the assumption of the risk, the train
station failed to provide appropriate safety measures.
b. Yes, under comparative negligence Harris was 60%
responsible.
c. No, under contributory negligence, Harris was at least 1% at
fault.
d. No, Harris’s own actions were the factual cause of harm. The
train station provided safety measures that a reasonable person
would pay attention to but Harris ignored.
Curious to see its worth, Irene takes a beautiful oil painting that
she inherited from her grandmother to Eleanor, a respected art
appraiser. Eleanor tells Irene the artwork is a worthless piece of
junk, so Irene sells the painting to Aziz at a yard sale for $50.
The following week, Irene finds out that Aziz sold the painting
for $12 million dollars at auction, after an appraiser at the
auction house determined it is the work of a famous painter
named Thomas Gainsborough. Furious, Irene sues Eleanor.
What result?
a. Eleanor will not be liable, because most people would not

17. know that the painting was by Thomas Gainsborough.
b. Eleanor will not be liable as long as she can prove that Aziz
did not know the painting was valuable when he bought it.
c. Eleanor will be liable if Irene can prove that all appraisers
would recognize the painting as being valuable.
d. Eleanor will be liable if Irene can prove that the best
appraisers would know that the painting was by Thomas
Gainsborough.
Powers drove a truck that his employer leased from Big Trucks.
After Big repeatedly failed to respond to Powers’ requests to fix
the strap used to close the truck’s rear door, Powers replaced
the strap with a nylon rope. Later, this nylon rope broke,
causing Powers to fall and break his back. When Powers sued
Big, what was the result?
a. Big is not liable based on Powers’ assumption of the risk.
b. Big is 60% liable and Powers is 40% liable.
c. Big is liable because it knew about problem with the strap
and did not fix it.

18. d. Powers is liable because he caused the problem when he
replaced the strap with the nylon rope
A new truck, manufactured by General Motors Corp. (GMC),
had a defective alternator that caused it to stall on a busy
highway. The driver set up emergency flares around the stalled
truck, but congestion on the highway made them difficult to see.
Davis did not see the flares, drove his car into the back of the
stalled truck, and was killed by the impact. His widow sues
GMC. GMC moved for summary judgment, alleging (1) no duty
to Davis, (2) no factual causation, and (3) no foreseeable harm.
Should summary judgment be granted?
a. No, because there was a disagreement about the facts of the
case.
b. No, because there was factual cause and the injury was
foreseeable.
c. Yes, because there was no disagreement about the facts of the
case.
d. Yes, because the accident was caused by Davis’ negligence.
Raquel is speeding in her car through a busy town center when

19. she veers off the road to avoid a cat and plows into a small
newspaper stand. The stand flies into the air and smashes
through the glass windows of a nearby yoga studio, where it
startles Adam, a yoga student, and sends him flying into a set of
lighted candles. As a result, Adam suffers a serious burn. Adam
sues Raquel. What result?
a. Adam will win because speeding is ultrahazardous.
b. Adam will win because Raquel’s conduct was negligent.
c. Adam will lose because Raquel’s conduct was not the factual
cause of his injury.
d. Adam will lose because Raquel’s conduct was not the
proximate cause of his injury.
Aurelia has emergency major heart surgery at the best hospital
in town. The next week, she goes to her doctor complaining of
an acute pain in her chest. The doctor performs an x-ray and
finds that there is medical sponge inside Aurelia’s chest.
Medical sponges are tools used during surgery and should never
to be left inside the patient. Since Aurelia was unconscious
during the surgery she does not know who left the sponge in her
chest, or how exactly it came to be placed there. Can Aurelia
still win a negligence case against the hospital?
a. No, because she will be unable to prove causation.

20. b. No, because doctors are not required to guarantee a perfect
outcome.
c. Yes, under the doctrine of strict liability.
d. Yes, under the doctrine of res ipsa loquitor.
Jasper buys a can of Zaps bug spray. The first time Jasper
sprays some on his arm, the can explodes, causing deep cuts on
his face that require surgery. Jasper sues Zaps. Which of the
following facts, if true, would most help Zaps’ defense?
a. The shop that sold Jasper the bug spray had kept the bug
spray in an extremely hot storage room, and the extreme
temperature is what made the can explode.
b. Zaps exercised incredible care in manufacturing the bug
spray and the cans, and there had never been an incident like
this before.
c. Zaps is not in privity with Jasper, because Jasper bought the
bug spray from the store and not from Zaps.

21. d. Zaps is an expert in bug spray development, and has been
exclusively in the bug spray business for 26 years
Lucas is hosting Thorben and several other dear friends at a
housewarming party at his new home. During the tour of the
new place, Thorben plunges through a trap door partially
concealed by the living room carpet and falls 20 feet into the
concrete basement below. Thorben breaks both legs and sues
Lucas. Which of the following arguments will be Lucas’ best
defense?
a. The trap door was not there when he bought the house.
b. He did not know about the trap door.
c. Thorben was not a social guest but was actually at the house
for business purposes.
d. The trap door was an obvious danger.
Irving was a notary public who prepared income tax returns for
Mark. Irving agreed to draft a will for Mark, leaving all of the
property to Mark’s sister, Sonja. When Mark died, the court
refused to uphold the will because it was improperly drafted. As
a result, Sonja inherits only one eighth of the estate and Sonja
sued Irving. Irving defended on the grounds that he had no duty
of due care to Sonja because he only had dealings with Mark. Is
Irving right?
a. Yes, Irving only had duty of care to Mark and not to Sonja.

22. b. Yes, because Mark did not breach his duty under the
“reasonable person” test.
c. No, Irving has a duty of care because it was foreseeable that
the failure to properly draft the will would cause injury to
Sonja.
d. No, Mark assumed the risk and entered into an agreement
with Irving knowing that something unforeseeable like this
could happen.
11.1
Central Maine Power Co. (CMPC) made a promotional offer in
which it promised to pay a substantial sum to any homeowner or
builder who constructed new housing with electric heat. To
qualify for the offer, Motel Services, Inc. (MSI) decided to
install electrical heat in a housing project it was constructing in
Waterville, Maine. MSI built the units and requested payment
for the full amount of the promotional offer. Is CMPC obligated
to pay? Why or why not?
a. No, CMPC is not obligated to pay, because MSI did not make
a serious offer.

23. b. No, CMPC is not obligated to pay because this was a bilateral
contract and MSI did not promise to perform.
c. Yes, CMPC is obligated to pay, because this was a unilateral
contract and MSI performed.
d. Yes, CMPC is obligated to pay, because this was a bilateral
contract and MSI performed.
Olivia agrees that she will bring Desiree a cherry pie every
Monday for a month in exchange for $15 per week. Olivia
delivers a pie to Desiree for four weeks, and Desiree pays her
each time. Olivia continues to deliver Desiree pies every
Monday, and Olivia continues to pay, for another five weeks.
On the tenth week, Olivia brings a pie and Desiree refuses to
pay. Olivia sues for payment. What result?
a. Desiree will win. Olivia assumed the risk of not getting paid
when she continued to bring pies longer than the month-long
contract.
b. Desiree will win, because the contract was voidable by either
party.
c. Desiree will win, because he contract was not express.

24. d. Olivia will win. The court will rule that they had an implied
contract.
Riley, age 16, and Samuel, age 36, enter into a contract in
which Riley will sell Samuel his car for $11,000. The next day,
Samuel decides he no longer wants the car and tries to get out
of the contract. Samuel argues that because Riley is a minor, the
contract is void. If Riley wants to enforce the contract, will he
be able to?
a. No, the contract is void because Riley is a minor.
b. No, the contract is voidable and either party can cancel it.
c. Yes, the contract is voidable and only Riley can cancel it.
d. Yes, Riley can take the $11,000 and he has no legal
obligation to give Samuel the car.
The Hoffmans owned and operated a successful small bakery.
Lukowitz, an agent of Red Owl Stores, told them that for
$18,000, Red Owl would build a store and fully stock it for
them to operate. The Hoffmans sold their bakery and purchased
a lot on which Red Owl was to build the store. Lukowitz then
told the Hoffmans that the price had gone up to $26,000. The
Hoffmans borrowed the extra money from relatives, but then
Lukowitz informed them that the cost would be $34,000.

25. Negotiations broke off and the Hoffmans sued. The court
determined that there was no contract. Can the Hoffmans
recover any money?
a. No. Based on the facts, there is no contract.
b. Yes. They can most likely recover damages based on
promissory estoppel.
c. Yes. They can most likely recover damages based on quasi-
contract.
d. Yes. They can most likely recover damages based on judicial
restraint.
While negotiating with Stewart to purchase his house, Yasmine
asks him about the condition of the roof. “Excellent,” he
replies. “It is only 2 years old, and should last 25 more.” In
fact, Stewart knows that the roof is 26 years old and has had a
series of leaks. The parties sign a sales contract for $600,000. A
week before Yasmine is to pay for the house and take
possession, she discovers the leaks and learns that a new roof
will cost $35,000. What kind of contract exists between
Yasmine and Stewart?
a. Voidable by Stewart.

26. b. Voidable by Yasmine.
c. Valid.
d. Unenforceable.
Mrs. Martin tells some neighborhood kids that she will pay
$100 if any of them mows her lawn. Jake goes to a hardware
store and purchases a lawnmower for $60, and then mows Mrs.
Martin’s lawn. Jake has entered into what types of contract?
a. Jake has made a unilateral contract with Mrs. Martin and a
bilateral contract with the hardware store.
b. Jake has made a bilateral contract with Mrs. Martin and a
bilateral contract with the hardware store.
c. Jake has made a unilateral contract with Mrs. Martin and a
unilateral contract with the hardware store.
d. Jake has made a bilateral contract with Mrs. Martin and a
bilateral contract with the hardware store.
While George travels for two months, Mary agrees to house and

27. care for George’s three horses at her stables. The parties agree
that Mary will pick up the horses on the first day of George’s
trip and George will pay Mary when he returns. George returns
home from his travels and finds that Mary never picked up the
horses. George sues. What result?
a. The court will apply common law and Mary will lose.
b. The court will apply the UCC and Mary will lose.
c. The court will apply common law and Mary will win.
d. The court will apply the UCC and Mary will win.
Interactive Data Corp. hired Foley as an assistant product
manager, and over the next six years Interactive steadily
promoted him. Interactive officers repeatedly told Foley that he
would have his job as long as his performance was adequate.
They also distributed an employee handbook that specified
termination guidelines that included a mandatory seven-step
pre-termination procedure. Foley learned that his supervisor
was under investigation by the FBI, and he told Interactive
officers. Shortly thereafter, Interactive fired Foley. He sued,
claiming that Interactive could only fire him for good cause,
after the seven-step procedure. Who wins?
a. Foley wins because he and Interactive had a bilateral, express
employment contract that incorporated the seven steps.

28. b. Foley loses because he and Interactive had a unilateral,
express employment contract that incorporated the seven steps.
c. Interactive loses because it had a unilateral, implied
employment contract with Foley that incorporated the seven
steps.
d. Interactive wins because the seven steps were only an
implied, not express, conditions to its employment contract with
Fole
For the past seven years, Sommerset Storage, Inc. has hired
Mountbattan Tax Associates to prepare its annual tax return.
This year the parties agree to their usual $1,000 fee, but
Mountbatten finds a loophole in the tax code and gets
Sommerset a return four times the usual amount. Mountbattan
then requests that Sommerset pay $4,000 to reflect the increased
tax returns. There is nothing in their contract about increased
fees, but Mountbatten argues it would be unjust for Sommerset
not to pay extra. Sommerset refuses and Mountbatten sues.
What result?
a. The court will apply a quasi-contract, and Mountbatten will
win.
b. The court will find that there is an implied contract, and
Mountbatten will win.

29. c. The court will rely on promissory estoppel and Mountbatten
will win.
d. The court will uphold the original contract and Mountbatten
will lose.
Chef Jacquie is scheduled to teach a cooking class to three
students. The class tuition is $1,100 per student. In the class
each student cooks a French meal under Jacquie’s expert
supervision, and receives a cookbook (worth $30) and a cooking
pan (worth $150). Tory, one of the students, tells Jacquie the
day before the class that she will be unable to attend and
requests a refund. Jacquie denies the refund and Tory sues. Tory
claims that the UCC should govern the contract, and Jacquie
argues that it should be covered by the common law. Who is
right?
a. Tory, because everyone in the class receives a cookbook, pan
and food.
b. Tory, because the cost of the class was more than $500.
c. Jacquie, because the class is primarily a service.

30. d. Jacquie, because the agreement was a bilateral contract.
12. 1
Jack mails an offer to Joan that states, "I offer to sell you my
car for $2000. If I don't hear from you in 10 days, I will assume
you are willing to buy the car for the stated price." Jack hears
nothing by the deadline and assumes he has a deal. What is the
result?
a.
Jack has a deal. Joan should have responded saying she is not
interested in the car if she didn't want to be bound to the offer.
b.
Joan is not bound. Ten days is not a reasonable amount of time
to consider the offer and accept by mail.
c.
Joan is not bound. Generally an offeree must say or do
something to accept an offer.
d.
Jack has a deal. His offer was intended and contains definite
terms.
Vivian goes to an auction and sees a rare antique lamp that is an
identical match to one she already has. At the proper time she

31. bids on the lamp and is the highest bidder. Even though she is
the highest bidder, the auctioneer refuses to accept her bid and
withdraws the lamp from the auction. Can the auctioneer do
that?
a.
Generally, the auctioneer is the offeror and the bidders are the
offerees so there is a contract and Vivian will get the lamp.
b.
Most auctions are without reserve and therefore the auctioneer
cannot withdraw the lamp.
c.
Unless otherwise stated, the auctioneer had the right to
withdraw the item before the fall of the hammer.
d.
Generally, the auctioneer must sell to the highest bidder. Vivian
will get the lamp.
Collector Carl displays his beer can collection at the local swap
meet. Mary sees the collection and is interested in buying it.
Carl says he will sell the collection for $1,500. Mary says she
really likes the collection but is only willing to pay $1,000.
Which of the following is correct?
a.
Mary's offer is an option contract and she cannot revoke the

32. offer.
b.
Neither offer is valid. Who would ever pay $1,000 or $1,500 for
a beer can collection?
c.
If Carl rejects Mary's counteroffer, she can still accept Carl's
offer of $1,500.
d.
Mary's counteroffer terminates Carl's offer of $1,500.
Hensley and Boyer have been negotiating for several months
over issues related to the purchase and sale of some real estate.
They draft a letter of intent that
a.
has a legal binding effect concerning the issues outlined in the
letter.
b.
protects both parties by ensuring the other side is serious and
creates a binding agreement on the issues on which the parties
have agreed thus far.

33. c.
courts will consider to be a valid offer which the other party
must accept if offered in good faith.
d.
may or may not be an offer, depending on the exact language
and whether the document indicates that the parties have
reached an agreement.
John owns a thoroughbred horse named Prince Charming that
just ran in the Kentucky Derby. Prince Charming came in last,
much to John's frustration and embarrassment. John exclaims in
a loud voice, "I'm selling that horse to the first person who
hands me $100!" John has
a.
not made an offer because under the circumstances a reasonable
person would not conclude that John had intent to make an
offer.
b.
made a firm offer and will be bound by his offer for a
reasonable period of time.
c.
made an offer to anyone within hearing distance and will be
bound by his offer to the first person who produces $100.

34. d.
made an acceptance to the first person who can produce $100.
Dick offers to sell Jane his 1955 Thunderbird convertible.
Before Jane can accept the offer, lightning strikes the car and it
is totally destroyed. Which of the following is true?
a.
Jane can still accept the offer. She will be entitled to the
insurance proceeds.
b.
Jane can still accept the offer and John must find a 1955
Thunderbird to sell.
c.
The offer is terminated by law.
d.
Dick can still revoke his offer so long as he does so before Jane
accepts.
Seth told the salesperson at Outdoor Times that he wanted the
sleeping bag that was advertised in the Sunday paper; one that
would keep him comfortable if the temperature drops to 10
degrees Fahrenheit. The salesperson told Seth they were sold
out of that bag, but there were two other styles that would meet

35. his needs and were the same price. Seth insisted he wanted the
advertised bag and threatened to sue for breach of contract.
Which is true?
a.
Seth will not prevail, as the advertisement was simply a request
for offers.
b.
Seth will prevail in his case, as Outdoor Times is responsible
for having sufficient stock of advertised items.
c.
Outdoor Times must provide Seth with a raincheck, ensuring he
can buy the same bag at the sales price at a later date.
d.
Outdoor Times is guilty of “bait and swap.”
Which of the following are generally considered to be legal
offers?
a.
placing an item up for auction
b.
catalog advertisements

36. c.
price lists
d.
a note scribbled on a restaurant napkin that includes the details
of the offer
On January 8, Quastrar, Inc. sent Hylavian Company a letter
offering to sell $10,000 in restaurant supplies. On January 18,
Hylavian mailed a letter to Quastrar accepting the offer.
Quastrar received the acceptance letter on January 20. On
January 17, Quastrar sent a letter revoking the offer. Hylavian
received this letter on January 21. A contract between Quastrar
and Hylavian
a.
was formed on January 20.
b.
was not formed because the revocation was effective before the
acceptance was sent.
c.
was formed on January 18.

37. d.
was not formed because the revocation was effective before the
acceptance was received.
The Johnsons decided to sell their summer cabin on Beech
Lake. They sent flyers out to all who previously had expressed
an interest in buying the cabin stating that they were planning
on selling their cabin. The flyer described the location of the
property, the size of the lot, and the price. If one of the
recipients responds by sending a letter accepting, an agreement
a.
will not be formed because the flyer was sent out as an
invitation to make an offer.
b.
will be formed because the price is included.
c.
will be formed because the first to respond gets the property.
d.
will not be formed because of the parol evidence rule.
Week 5
Ted and Aisha enter into a contract that states that Aisha will

38. buy Ted’s vintage sports car after Ted replaces the engine and
fixes the transmission. The contract contains a “time is of the
essence” clause, requiring Ted to have the car ready for the sale
by February 13. On February 12, Ted calls Aisha and says he
needs two more days to complete the repairs. Aisha declines and
buys another car. Did Aisha breach the contract?
a. Yes, because this was a personal satisfaction contract.
b. Yes, because the contract contained a time is of the essence
clause.
c. No, because Ted acted in good faith.
d. No, because this was not a material breach.
Andy agrees to buy Charlotte’s house. The purchase and sale
agreement states that if the house passes an inspection, the
parties are obligated to go through with the deal. The clause
about the inspection is:
a. A condition subsequent.
b. A condition precedent.

39. c. A concurrent condition.
d. A requirement for substantial performance.
Omkara, a furniture manufacturer, contracts with Foam Gnome
for $50,000 worth of foam, which Omkara will use for making
ten sofas she has agreed to make for Duke’s Furniture. A day
before Gnome is going to ship the foam to Omkara, a flood
destroys its entire inventory. Gnome tells Omkara it cannot send
her the foam in time, but tells her that FirmFoam can supply her
with an identical shipment for $65,000. This increase in price
will wipe out twenty percent of Omkara’s profit from her
contract with Duke’s. Omkara wants to get out of both
contracts. Can she?
a. Omkara’s agreement with Gnome is discharged due to true
impossibility. Omkara’s agreement with Duke’s is not
discharged and she must perform.
b. Omkara’s agreement with Gnome is discharged due to true
impossibility. Omkara’s agreement with Duke is discharged due
to commercial impracticability
c. Omkara’s agreements with Duke and Gnome are both
discharged due to frustration of purpose
d. Gnome is liable to Omkara for breaching the agreement.

40. Omkara’s agreement with Duke’s is not discharged and she
must perform.
Rothman’s clothing store had a 20 year lease in a shopping
center in Phoenix, Arizona owned by Foundation Development.
In addition to monthly rent, Rothman’s was obligated to pay
common-area charges four times a year. The lease stated that if
Rothman’s failed to pay on time, Foundation could send a
notice of default, and that if the store failed to pay all money
due within 10 days, Foundation could evict. On February 23
Foundation sent to Rothman’s the common-area charges for that
quarter. Rothman’s believed the bill was in error and sent an
inquiry on March 18. On April 10, Foundation insisted on
payment of the full amount within 10 days but it sent the letter
to Rothman’s Phoenix office, which was not responsible for
paying the bill. The Phoenix office forwarded the bill to the
relevant executive in New York, who received it on April 20.
Rothman’s issued a check for the full amount on April 24 and
mailed it the following day. On April 28, Foundation sued to
evict; on April 29, the company received Rothman’s check. Will
Foundation be able to evict Rothman’s?
a. Yes, based on anticipatory breach.
b. No, based upon the “good faith” requirement.
c. Yes, because it was a condition precedent contract.
d. Yes, because they strictly performed

41. Franklin hires Angela to paint his portrait. She is to be paid
$50,000 if the painting is acceptable “in Franklin’s sole
judgment.” At the big unveiling, 99 of 100 attendees think that
Angela has done a masterful job. Franklin disagrees. He thinks
the painting makes him look like a toad. Franklin refuses to pay,
and Angela sues Franklin. Who wins and why?
a. Angela wins because Franklin’s opinion is not reasonable.
b. Angela loses because this is a personal satisfaction contract.
c. Angela wins because Angela has substantially performed.
d. Angela loses, because Angela has not substantially
performed.
Cozette hires Baldrick to cook dinner for her family three nights
per week for an entire year. Nine months into the agreement,
Baldrick dies of food poisoning. Baldrick’s estate sues Cozette
for Baldrick’s salary for the rest of the year. What result?
a. The agreement will be discharged due to true impossibility.
b. The agreement will be enforced unless the suit violates the
statute of limitations.

42. c. The agreement will be discharged due to frustration of
purpose.
d. The agreement will be enforced because it is not
commercially impracticable.
Krug International contracted with Iraqi Airways to build
equipment for training pilots. Krug then contracted for Power
Engineering, to build the specialized gearbox to be used in the
training equipment for $150,000. Power did not know that Krug
planned to resell the gearbox to Iraqi Airways. When Power had
almost completed the gearbox, the Gulf War broke out and the
United Nations declared an embargo on all shipments to Iraq.
Krug notified Power that it no longer wanted the gearbox.
Power sued. Please rule.
a. Power wins based on anticipatory breach.
b. Krug wins because of true impossibility.
c. Power wins because it was a personal satisfaction contract.
d. Power wins because he strictly performed.

43. Alex contracts with Rashard to purchase thirty umbrellas.
Rashard ships the umbrellas to Alex, and Alex mails Rashard
payment. When the umbrellas arrive, Alex is shocked to see that
the fabric canopy at the top of each umbrella is made out of
paper towel and is not waterproof. Alex sues, and Rashard
argues that he never indicated that the umbrellas were made out
of waterproof material. What result?
a. Alex will lose, because the contract did not promise anything
about the materials used to make the umbrellas.
b. Rashard will win, because the contract did not require
personal satisfaction.
c. Rashard will lose. The parties did not agree on the exact
specifications of the umbrella, but the court will imply a
condition that the umbrellas be waterproof.
d. Rashard will win because he has offered substantial
performance.
Silas has agreed to dig five wells on Noreen’s property over the
next month, working each weekday. One Friday, after Silas has
completed three wells for Noreen, he informs Noreen that on
Monday he is going to start a project digging sixty wells for
Romeo, and that job will take him about a year. What does this
mean for Noreen?

44. a. Silas has committed an anticipatory breach. Noreen cannot
hire someone new until Silas fails to show up for work on
Monday. Noreen may sue Silas for breach of contract.
b. Silas has committed an anticipatory breach. Noreen is
discharged and may immediately hire someone else to dig the
wells. She may also sue Silas for breach of contract.
c. Silas has committed an anticipatory breach. Noreen may not
sue Silas for breach of contract because he has acted in good
faith, and Noreen will be able to hire someone new to dig the
wells.
d. The agreement will be discharged due to frustration of
purpose, because it has no value to Silas.
Evans built a house for Sandra, but the house had some
problems. The garage ceiling was too low. Load-bearing beams
in the “great room” cracked and appeared to be steadily
weakening. The patio did not drain properly. Pipes froze. Evans
wanted the money Sandra promised for the job, but Sandra
refused to pay. Who wins?
a. Sandra wins based on anticipatory breach.
b. Sandra wins because Evans did not substantially perform.

45. c. Evans wins because it was a personal satisfaction contract.
d. Evans wins because he strictly performed.
19.1
John contracts with FashionWare for the purchase of 1,000
zippers for $1 each. The agreement states that John will pay
$500 when the contract is signed and the remaining $500 when
FashionWare delivers the zippers. In the contract, John
specifically states that he is buying the zippers for the
manufacture of 1,000 windbreaker jackets for Campers’
Crevasse, which he is contractually required to deliver to
Campers’ Crevasse in 30 days. FashionWare breaches the
contract, causing John to miss his delivery date with Camper’s
Crevasses, which then cancels its contract with John. What
remedies are available to John?
a. John can recover $1,000 from FashionWare.
b. Under the UCC, a buyer of goods is not entitled to
consequential damages, so John can recover only the $500 he
paid for the zippers.
c. John can recover from FashionWare the $500 he paid for the
zippers and any reliance interest.

46. d. John can recover from FashionWare the $500 he paid for the
zippers, any reliance interest, and the expectation interest from
his contract with Campers’ Crevasse.
Anna worries because her brother Nick does not have good
health insurance, so she writes a contract stating that if he
mows her lawn on the last Saturday of every month she will buy
him an expensive insurance policy that he could not otherwise
afford “for at least the next six months, and longer if
necessary.” The next week, Nick gets a great job at an
investment bank, which provides him health insurance coverage.
Anna congratulates Nick and revokes the deal. The breach of
contract infuriates Nick, who sues his sister. What result?
a. The court will award Nick nominal damages.
b. The court will award Nick liquidated damages.
c. The court will award Nick consequential damages.
d. The court will award Nick nothing.
Harlowe purchases a watercolor painting by a prominent local
artist and a RecumbentSloth brand recliner from a yard sale.
She pays cash for both items, and the seller promises to deliver
them next week. Two days later the seller calls Harlowe and

47. says he no longer wants to sell the items and sends Harlowe
back her money. If Harlowe sues, will she be able to get the
items she bought?
a. Harlowe will be able to get the painting but not the chair.
b. Yes. The UCC entitles to Harlowe to the items as well as any
consequential damages that resulted from the breach of contract.
c. No, she will only be entitled to her money back.
d. Harlowe will be able to get her money back and may be
entitled to damages if she can prove she made a good faith
effort to cover.
Rick was in the process of buying 320 acres of land when Rick
signed a contract to sell that same land to Simon. Simon paid
Rick $144,000, the full price of the land, but before Simon
could complete the purchase of the land Rick went bankrupt.
Which of the following remedies should Simon seek?
a. Expectation.
b. Restitution.

48. c. Specific Performance.
d. Reformation.
Pamela was injured in an auto accident by an uninsured driver.
Pamela filed a claim with her insurer, American Mutual, for
$2,000 under her “uninsured motorist” coverage. American
Mutual told her that if she sought that money, her premiums
would go “sky high,” so Pamela dropped the claim. Later, after
speaking with an attorney, Pamela sued. What claim was her
attorney likely to make?
a. A claim for equitable damages.
b. A claim for punitive damages.
c. A claim for specific performance.
d. A claim for liquidated damages.
Over spring break you go to Florida and accidentally spend too
much on your checking account’s debit card. When you get back
to school, you are shocked to see you owe your bank $220,
which you pay back immediately. However, you have not even
had time to recover from your sunburn before the bank informs
you that, pursuant to the liquidated damages clause in the

49. contract you signed when you opened the account, you are being
charged a $55 “overdraft fee” for every transaction you made on
your debit card after your balance was $0. Unfortunately, you
made nine such transactions which means you owe the bank an
additional $495 in fees (9 x $55 = $495). What is your best
argument against the overdraft fees?
a. The fee is too high and you are seeking a permanent
injunction against the bank.
b. The fee is too high and the bank is simply imposing a
penalty.
c. The fee is unethical and you should be awarded nominal
damages.
d. The fees are consequential damages for an injury you could
not foresee.
Lewis signed a contract for the rights to all timber located on
Nine-Mile Mine agreeing to pay $70 per thousand board feet
($70/mbf). As he began work, Nine-Mile became convinced that
Lewis lacked sufficient equipment to do the job well and
forbade him from entering the land. Lewis sued. Nine-Mile
moved for summary judgment. The mine offered proof that the
market value of the timber was exactly $70/mbf for which
Lewis had no contradicting evidence. The court granted
summary judgment. Why?

50. a. The market value evidence proved that Lewis could not
recover punitive damages.
b. Specific performance, the typical remedy for an interest in
land, could not make Lewis whole.
c. Nine-Mile was not liable because it cannot be held liable for
fluctuations in the market rate for timber.
d. The market value evidence shows that Lewis suffered no
harm and therefore had no claim.
John sold a Vermont lakeshore lot for $115,000 to Deborah,
who intended to build a house on the property. John indicated
the land was suitable for the project, but after preparing the
land for construction, Deborah learned that a wetland protection
law prevented building near the lake. Deborah sued, seeking
rescission of the contract. What is the likely outcome?
a. Deborah will likely win specific performance.
b. Deborah will likely win restitution damages.
c. John will likely win.

51. d. None of these answers is correct.
Yvonne promises to sell 500 lbs of rice to Zed at market price.
To secure Zed’s rice, Yvonne enters into a contract with
McKinley Ventures, which will ship the cargo. The contract
stipulates that McKinley will deliver the rice to Yvonne within
48 hours. However, the rice does not arrive for 5 days, during
which the market price of rice decreases 11 percent. Because of
the delay, Yvonne lost considerable profit. Can Yvonne recover
her damages because of McKinley’s breach?
a. Yes, because McKinley’s breach caused the damages.
b. Yes, if Yvonne can provide the court with enough
information to calculate the extent of her loss.
c. No, because it was not foreseeable to McKinley that the
shipping delay would cost Yvonne so much money.
d. No, because this is a contract for the sale of goods.
Desmond has been a fan of Crispin’s paintings for years and is
thrilled when the artist promises to give him painting lessons.
The two agree that Crispin will provide Desmond with five
weekly lessons for $1,000 each, payable once the lessons are
complete. After Crispin teaches Desmond two lessons, he sadly

52. dies of a heart attack. Crispin’s estate sues Desmond for the
$5,000 payment for the art lessons. What result?
a. Crispin’s estate will be able to recover the full contract price
of $5,000.
b. Crispin’s estate will be able to recover $2,000 under the
doctrine of promissory estoppel.
c. Crispin’s estate will be able to recover $2,000 in restitution.
d. Crispin’s estate will get nothing because the contract is
discharged by his death.
Week 6 28.1
Lionel is the personal assistant to the head coach of a
professional football team. At the end of the football season, a
football player’s wife gives Lionel front row tickets to the
opera. What must Lionel do?
a. Give the tickets to his boss.
b. Nothing, he can keep the tickets.

53. c. Return the tickets to the player’s wife.
d. Tell his boss about the tickets and his boss may choose to
keep the tickets for himself.
Heather and her employee Emilio believe they see Ethel, a
customer of Heather’s clothing boutique, shoplift some mittens.
Heather tells Emilio, “Lock her in the back room and don’t let
her out until you figure out what’s going on. I have a flight to
catch.” Heather leaves for the airport, and Emilio questions
Ethel in a back office for three hours, but is unable to determine
what happened with the mittens. When Ethel is finally released
she sues for the tort of false imprisonment. Assuming that
Emilio’s acts constitute false imprisonment, is Heather liable?
a. Heather is liable for Emilio’s tortious conduct if Emilio did
not realize he was committing a tort.
b. Emilio is liable for his tortious conduct, but Heather is not
liable because she did not participate in the tort.
c. Heather is liable, because principals must always indemnify
their agents.
d. Heather is not liable because Emilio was not acting in the
scope of his employment when he detained Ethel.

54. Beatrix is a diamond dealer who also works as a jewelry
designer at Bunny Mayhew Designs (BMD). Beatrix arranges to
have one of her own company’s salesmen meet with a BMD
representative to try to sell some of Beatrix’s available stock.
May Beatrix do this?
a. Yes, but Beatrix must tell BMD that the salesman works for
her.
b. No, because Beatrix is using confidential information.
c. No, because Beatrix owes BMD a duty of loyalty.
d. Yes, this is a standard business practice and completely
acceptable.
Zephyr agrees to mow his brother Zeke’s lawn for free while
Zeke recovers from a broken leg. Zeke tells Zephyr not to use
the mower if its warning light turns on, but Zephyr ignores the
warning. The engine overheats, ruining the lawnmower. Is
Zephyr liable for the damage?
a. No. Zephyr was not Zeke’s agent because he was not getting
paid and therefore cannot be held liable.
b. Yes, because Zephyr’s conduct was negligent.

55. c. Yes, because Zephyr’s conduct was grossly negligent.
d. No, because gratuitous agents are never liable
Alissa accepts a six month unpaid internship at Jonah’s dental
practice. After one month, Alissa wants to quit but knows that if
she does it will cost Jonah a lot of time and money to find and
train someone new. Can she quit before the end of the six
months?
a. Yes, because she is a gratuitous agent.
b. No, because it will be expensive for Jonah to replace her.
c. Yes, but she must pay Jonah the cost of hiring and training a
replacement.
d. No, because they have agreed she will work for him for
another five months.
Malik asks Petra, an expert in sports collectibles, to help him
find a buyer for his collection of autographed baseballs. Petra
finds a buyer who is willing to pay $5,000 for the collection,

56. but Malik scoffs at the offer and insists it is worth at least
double that amount and says he would not even consider selling
for less than $7,500. The next week, someone offers to pay
$1,000 for the collection. Must Petra tell Malik about the offer?
a. No. Petra would not be acting in Malik’s best interests if she
presented him with an offer that is unreasonably low.
b. No. If Petra has no reason to believe that Malik would be
interested she does not have to pass the offer on to him.
c. Yes. Petra is Malik’s agent and, as such, has a duty to
provide any information to him that could possibly be
beneficial.
d. Yes. Petra is not expressly empowered to enter into
agreements for Malik, so she must tell him of the offer.
An elementary school custodian struck a teenager who wrote
graffiti on the school’s wall. Is the school district liable for this
employee’s intentional tort?
a. Yes, the school district is liable.
b. No, the school district cannot be liable in this scenario.

57. c. Yes, the school district is liable if the custodian intended to
serve some purpose of the school when he struck the student.
d. No, the school district is not liable because the custodian was
not instructed to strike the student.
Liam tells Emily that he wants to buy her friend Tamara’s car,
but does not think Tamara will sell it to him for personal
reasons. Emily tells Tamara that she knows someone who would
like to buy her car, and the two draw up a contract stating that
Tamara will sell the car to “an undisclosed buyer” for $10,000.
After Tamara has signed the contract and given Emily the keys,
Emily has Liam sign the contract, agreeing to pay the $10,000
purchase price. Liam takes the car but disappears without
paying. What, if anything, will Tamara be able to recover from
Emily?
a. The contract price of the car, because Liam is an undisclosed
principal.
b. The contract price of the car and punitive damages, because
Liam is an unidentified principal.
c. The contract price of the car, because Liam is an unidentified
principal.

58. d. Nothing. Liam is Emily’s principal so only Liam is liable.
The German-American Vocational League was formed in New
York during World War II to serve as a propaganda agency for
the Nazi Germany. Under U.S. law, all foreign agents were
required to register, but neither the Vocational League nor its
officers did so. When they were charged with violating U.S.
law, they argued that they were not agents of the German
government because they had no formal agency agreement. Is
this a strong argument?
a. No. A formal contract is not necessary to establish an agency
relationship.
b. Yes, because an agency relationship cannot be created by
implication.
c. Yes. There was no agency relationship unless the German
government had control over the organization.
d. No, because the organization was an agent of the German
government if it received any funding or compensation from
German government.
The Fellowship is a not-for-profit corporation whose primary
purpose is promoting goodwill among churches and synagogues.
Its annual meeting featured various vendors with display
booths. Keener, a church representative, approached the booth

59. of Chris’s Cars and Trucks (CCT) about buying a bus for his
church. While Keener was test-driving one of CCT’s busses, the
bus’ brakes malfunctioned, causing a crash that killed Keener.
If CCT is liable for the accident, could The Fellowship also be
liable as CCT’s principal?
a. Yes, because CCT had a fiduciary obligation to Keener on
behalf of The Fellowship.
b. Yes, because The Fellowship had control over CCT’s actions.
c. No, because there was no consideration between CCT and
The Fellowship.
d. No, because there was no control or consent between CCT
and The Fellowship.

60. Biodiversity and
Conservation Biology
Upon completing this chapter, you will be able to:
➤ Characterize the scope of biodiversity on Earth
➤ Contrast the background extinction rate with periods of mass
extinction
➤ Evaluate the primary causes of biodiversity loss
➤ Specify the benefits of biodiversity
➤ Assess the science and practice of conservation biology
➤ Analyze efforts to conserve threatened and endangered
species
➤ Compare and contrast conservation efforts above the species
level
8
A Siberian tiger in the
Sikhote-Alin Mountains
M08_WITH2901_04_SE_C08.indd 160 8/7/11 10:44 PM
Essential Environment: The Science Behind the Stories, Fourth
Edition, by Jay Withgott and Matthew Laposata.
Published by Benjamin Cummings. Copyright © 2012 by
Pearson Education, Inc.
G
A
R
R
E

61. T
T
,
M
E
G
A
N
1
3
2
4
T
S
CENTRAL CASE STUDY
Saving the Siberian Tiger
“Future generations would be truly saddened that this century
had so little foresight, so little compassion, such lack
of generosity of spirit for the future that it would eliminate one
of the most dramatic and beautiful animals this
world has ever seen.”
—George Schaller, Wildlife Biologist, on the tiger
“If you kill a tiger, you can buy a motorbike.”
—Anonymous poacher, on selling tiger parts
Historically, tigers roamed widely across Asia from Turkey to
northeast Russia to In-donesia. However, people have driven the

62. majestic striped cats from nearly all of their range. Today,
tigers are exceedingly rare and are sliding toward extinction.
Just over 3,000 tigers survive, down from 100,000 a century
ago.
Sikhote-Alin
Mountains
RUSSIA
CHINA
MONGOLIA
INDIA
Tigers of the subspecies
known as the Siberian tiger
are the largest cats in the
world. These regal animals
today find their last refuge
in the forests of the remote
Sikhote-Alin Mountains of the
Russian Far East. For thou-
sands of years the Siberian
tiger coexisted with the re-
gion’s native people and held
a prominent place in their
lore. These people viewed it
as a guardian of the moun-
tains and forests, and they rarely killed a tiger unless it
had preyed on a person.
The Russians who moved into the region in the
early 20th century had no such cultural traditions.
They hunted tigers relentlessly for sport and hides,

63. and the tiger population dipped to perhaps just
20–30 animals. In response, the Russian government
banned the hunting of tigers, and the population be-
gan to recover. However, poachers started killing ti-
gers illegally to sell their body parts to China and oth-
er Asian countries, where they are used in traditional
medicine and as alleged aphrodisiacs. Meanwhile,
logging, road building, and agriculture degraded and
fragmented tiger habitat, providing easy access for
still more poachers.
International conservation groups got involved
just in time, working with Russian biologists to save the
dwindling tiger population.
One such group was the Hor-
nocker Wildlife Institute, now
part of the Wildlife Conserva-
tion Society (WCS). In 1992 the
group helped launch the Sibe-
rian Tiger Project, devoted to
studying and conserving the
tiger and its habitat. The team
put together a plan to protect
the tiger, began educating
people on the animal’s value,
and worked closely with peo-
ple who live near the big cats.
Today, WCS biologists track tigers with radio-
collars, monitor their movements and health, deter-
mine causes of death when they die, and study as-
pects of the tiger’s ecosystem. They also work with
the region’s people and help fund local wildlife of-
ficials to deter and capture poachers.

64. Thanks to such efforts, the Siberian tiger popu-
lation stabilized, even while the world’s other tiger
populations were declining. The last range-wide sur-
vey, in 2005, found between 428 and 502 Siberian ti-
gers in the wild, while 1,500 more survived in zoos
and captive breeding programs. However, govern-
ment funding and law enforcement to deter poaching
were reduced, and data since 2005 suggest that tiger
numbers are falling yet again.
Many dedicated scientists, conservationists,
and policymakers continue trying to save these
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endangered animals. In November 2010, leaders of the
13 nations where tigers still survive met at a historic
summit in St. Petersburg, Russia, marking the first time
that multiple heads of state had ever convened to fo-
cus on saving a single species of wild animal. Russian
prime minister Vladimir Putin, Chinese premier Wen
Jiabao, World Bank president Robert Zoellick, and
actor Leonardo DiCaprio were among the luminaries
participating in the conference. At this International Ti-
ger Forum, the leaders signed a declaration that set in
motion a strategic multinational plan called the Global
Tiger Recovery Program.
This program aims to double the tiger population
by 2022 (the next “Year of the Tiger” by the Chinese
zodiac) by protecting habitat, cracking down on poach-
ing, and addressing illegal trade in pelts and body
parts. National governments, conservation organiza-
tions, and the World Bank promised millions of dollars,
although more is needed—an estimated $350 million
over the first 5 years of the program. Representatives
of the 13 nations planned to work out details of financ-
ing during 2011.
Some proponents of tiger conservation criticized
the program, worrying that funding would not be ad-
equate, that specific measures to reduce demand for
tiger body parts were not spelled out, and that pro-

66. posed actions were not focused enough. Nonetheless,
by demonstrating support for tiger conservation at the
highest political level, the summit gave tiger conser-
vation efforts a clear boost. The struggle to save the
tiger from imminent extinction is one of numerous ef-
forts around the world today to stem the loss of our
planet’s priceless biological diversity. ■
OUR PLANET OF LIFE
Our rising human population and resource consumption are
putting ever-greater pressure on the flora and fauna of our
planet, from tigers to tiger beetles. We are diminishing Earth’s
diversity of life, the very quality that makes our planet so
special.
Biodiversity encompasses multiple levels
Biological diversity, or biodiversity (p. 49), describes the va-
riety of life across all levels of biological organization, includ-
ing the diversity of species, their genes, their populations, and
their communities. Biodiversity is a concept as multifaceted
as life itself, and biologists employ different working defini-
tions according to their own aims and philosophies. Yet sci-
entists agree that the concept applies across the major levels in
the organization of life (FIGURE 8.1). The level that is easiest
to
visualize and most commonly used is species diversity.
Species diversity A species (p. 46) is a distinct type of
organism, a set of individuals that uniquely share certain
characteristics and can breed with one another and produce
fertile offspring. Biologists use differing criteria to distin-
guish one species from another. Some emphasize character-
istics shared because of common ancestry, whereas others
Ecosystem diversity

67. Species diversity
Genetic diversity
levels in the hierarchy of life. Species diversity (middle frame
of the
figure) refers to the number or variety of species. Genetic
diversity
(bottom frame) refers to variation in DNA composition among
individuals within a species. Ecosystem diversity (top frame)
and
related concepts refer to variety at levels above the species
level,
such as ecosystems, communities, habitats, or landscapes.
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by the same processes that drive speciation (pp. 49–50) but re-
sult when divergence stops short of forming separate species.
Scientists denote subspecies with a third part of the scientific
name. The Siberian tiger, Panthera tigris altaica, is one of five
(or perhaps only four) subspecies of tiger still surviving (FIG-
URE 8.3). Tiger subspecies differ in color, coat thickness,
stripe
patterns, and size. For example, Panthera tigris altaica is taller
at the shoulder than the Bengal tiger (Panthera tigris tigris) of
India and Nepal, and it has a thicker coat and larger paws.
Genetic diversity Scientists designate subspecies when
they recognize substantial, genetically based differences
among individuals from different populations of a species.
However, all species consist of individuals that vary geneti-
cally from one another to some degree, and this genetic di-
versity is an important component of biodiversity. Genetic
diversity encompasses the differences in DNA composition
(p. 28) among individuals.
Genetic diversity provides the raw material for adaptation
to local conditions. A diversity of genes for coat thickness in
tigers allowed natural selection (pp. 46–48) to favor genes for

69. thin fur in Bengal tigers living in warm regions, and genes for
thick fur in Siberian tigers living in cold regions. In the long
term, populations with more genetic diversity may be more
likely to persist, because their variation better enables them to
cope with environmental change.
Populations with little genetic diversity are vulnerable to
environmental change because they may happen to lack ge-
emphasize the ability to interbreed. In practice, however, sci-
entists generally agree on species identities.
We can express species diversity in terms of the number
or variety of species in a particular region. One component
of species diversity is species richness, the number of species.
Another is evenness or relative abundance, the extent to which
species differ in numbers of individuals.
Speciation (pp. 49–50) generates new species, whereas
extinction (p. 51) diminishes species richness. Immigration,
emigration, and local extinction may change species richness
locally, but only speciation and extinction change it globally.
Taxonomists classify species by their similarity into a hi-
erarchy of categories meant to reflect evolutionary relation-
ships. Related species are grouped together into genera (sin-
gular: genus); related genera are grouped into families; and so
on (FIGURE 8.2). Every species is given a two-part Latin or
Latinized scientific name denoting its genus and species. The
tiger, Panthera tigris, is similar to the world’s other species
of large cats, such as the jaguar (Panthera onca), the leopard
(Panthera pardus), and the African lion (Panthera leo). These
four species are closely related in evolutionary terms, and this
is indicated by the genus name they share, Panthera. They are
more distantly related to cats in other genera such as the chee-
tah (Acinonyx jubatus) and the bobcat (Felis rufus), although

70. all cats are classified together in the family Felidae.
Biodiversity exists below the species level in the form of
subspecies, populations of a species that occur in separate geo-
graphic areas and differ in some characteristics. Subspecies
arise
Domain: Eukarya
Kingdom: Animalia
Phylum: Chordata
Class: Mammalia
Order: Carnivora
Family: Felidae
Genus: Panthera
Species: Panthera
tigris
hierarchical system meant to reflect evolutionary relation-
ships. Species that are similar in their appearance, behavior, and
genetics (because they share recent common
ancestry) are placed in the same genus. Organisms of similar
genera are placed within the same family. Families
are placed within orders, orders within classes, classes within
phyla, phyla within kingdoms, and kingdoms within
domains. For instance, tigers belong to the class Mammalia,
along with elephants, kangaroos, and bats. However,
the differences among these species, which have evolved and
diverged over millions of years, are great enough

71. that they are placed in different orders, families, and genera.
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73. S
good gauge for overall biodiversity. Yet we still are profound-
ly ignorant of the number of species that exist in the world.
So far, scientists have described about 1.8 million species of
plants, animals, and microorganisms. However, estimates
for the number that actually exist range from 3 million to
100 million, with the most widely accepted estimates in the
neighborhood of 14 million.
Our knowledge of species numbers is incomplete for
several reasons. First, many species are tiny and easily over-
looked. These include bacteria, nematodes (roundworms),
fungi, protists, and soil-dwelling arthropods. Second, many
organisms are so difficult to identify that ones thought to
be identical sometimes turn out, once biologists look more
closely, to be multiple species. Third, some areas of Earth
remain little explored. We have barely sampled the ocean
depths, hydrothermal vents (p. 260), or the canopies and soils
of tropical forests. As one example, a 2005 expedition to the
remote Foja Mountains of New Guinea discovered over 40
new species of vertebrates, plants, and butterflies in less than
a month, while research in marine waters nearby turned up
another 50 new species.
Biodiversity is unevenly distributed
Some taxonomic groups hold more species than others. In
this respect, insects show a staggering predominance over all
other forms of life (FIGURE 8.4). Within insects, about 40%
are beetles, and beetles alone outnumber all non-insect ani-
mals and all plants. No wonder the 20th-century British bi-
ologist J.B.S. Haldane famously quipped that God must have
had “an inordinate fondness for beetles.”

74. netic variants that would help them adapt to novel conditions.
Populations with low genetic diversity may also be more vul-
nerable to disease and may suffer inbreeding depression, which
occurs when genetically similar parents mate and produce
weak or defective offspring. Scientists have sounded warn-
ings over low genetic diversity in species that have dropped to
low population sizes, including cheetahs, bison, and elephant
seals, but the full consequences of reduced diversity in these
species remain to be seen. Diminished genetic diversity in our
crop plants is a prime concern to humanity (p. 136).
Ecosystem diversity Biodiversity encompasses levels
above the species level, as well. Ecosystem diversity refers to
the
number and variety of ecosystems, but biologists may also refer
to the diversity of biotic communities or habitats within some
specified area. If the area is large, scientists may also consider
the geographic arrangement of habitats, communities, or eco-
systems at the landscape level, including the sizes and shapes
of patches and the connections among them. Under any of
these concepts, a seashore of rocky and sandy beaches, for-
ested cliffs, offshore coral reefs, and ocean waters would hold
far more biodiversity than the same acreage of a monocultural
cornfield. A mountain slope whose vegetation changes with
elevation from desert to hardwood forest to conifer forest to
alpine meadow would hold more biodiversity than an equal-
sized area consisting of only desert, forest, or meadow.
Many species await discovery
Scientists often express biodiversity in terms of species rich-
ness because that component is most easily measured and is a
Siberian
(Amur) tiger
South China

75. tiger
Indochina
tiger
Bengal
tiger
Sumatran
tiger
Caspian tiger
(extinct)
Historical range
Current range
Bali tiger
(extinct)
Javan tiger
(extinct)
-
species of tiger—the Bali, Javan, and
Caspian tigers—were driven extinct
during the 20th century. Today only
the Siberian, Bengal, Indochina, and
Sumatran tigers persist, while the
South China tiger has not been seen
in 25 years and may be extinct. Defor-
estation, hunting, and other pressures
from people have caused tigers of all
subspecies to disappear from 93% of
the geographic range they historically

76. occupied. Researchers estimate that
the majority of surviving individuals
are crowded into less than half of 1%
of the species’ original range. This
map contrasts the ranges of the eight
subspecies in the years 1800 (orange)
and 2000 (red). Data from the Tiger
Information Center.
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tion zones where habitats intermix; p. 33) often support high
biodiversity. Because human disturbance can sometimes in-
crease habitat diversity, species diversity may rise in disturbed
areas. However, this is true only at local scales. At larger
scales,
human disturbance decreases diversity because specialists dis-
appear when habitats are homogenized and because species
that rely on large expanses of habitat disappear when habitats
are fragmented.
EXTINCTION AND
BIODIVERSITY LOSS
Biodiversity at all levels is being lost to human impact, most
irretrievably in the extinction of species. Extinction (p. 51)
occurs when the last member of a species dies and the species
ceases to exist. The disappearance of a particular population
from a given area, but not the entire species globally, is re-
ferred to as extirpation. The tiger has been extirpated from
most of its historic range (see Figure 8.3), but it is not yet ex-
tinct. Extirpation is an erosive process that can, over time,
lead to extinction.
Human impact is responsible for most cases of extirpa-
tion and extinction today, but these processes also occur natu-
rally, albeit at a much slower rate. If species did not naturally
go extinct, we would be up to our ears in dinosaurs, trilobites,
and millions of other creatures that vanished from Earth long
before we appeared. Paleontologists estimate that roughly
99% of all species that ever lived are now extinct, and that the

78. Living things are distributed unevenly across our planet,
as well. For instance, species richness generally increases as
one nears the equator. This pattern of variation with latitude
is called the latitudinal gradient, and hypotheses abound to
explain it. A leading idea is that greater amounts of solar en-
ergy, heat, and humidity at tropical latitudes lead to more
plant growth, making areas nearer the equator more produc-
tive and able to support more animals. The relatively sta-
ble climates of equatorial regions, in turn, discourage single
species from dominating ecosystems and, instead, allow nu-
merous species to coexist. Whereas variable environmental
conditions favor generalists (species that can tolerate a wide
range of circumstances), stable conditions favor specialists
(species that do particular things especially well). Another
proposed explanation for the latitudinal gradient is that gla-
ciation events repeatedly forced organisms toward tropical
latitudes, leaving the polar and temperate regions relatively
species-poor.
The latitudinal gradient influences the species diversity of
Earth’s biomes (pp. 78–84). Tropical dry forests and rainfor-
ests support far more species than tundra and boreal forests,
for instance. At smaller scales, diversity varies with habitat
type. Structurally diverse habitats tend to allow for more eco-
logical niches (p. 53) and support greater species richness and
evenness. For instance, forests generally support more diver-
sity than grasslands.
For any given area, species diversity tends to increase
with diversity of habitats, because each habitat supports a
somewhat different set of organisms. Thus, ecotones (transi-
Mammals
Arachnids

79. Fungi
Reptiles
Bacteria
Birds
Insects
PlantsPlants
ArchaeaAmphibians
Annelids
Roundworms
Annelids
Roundworms Echinoderms
Fishes
Flatworms
Protists
Jellyfish
Sponges
Molluscs
Crustaceans

80. organisms scaled in size to the number
of species known from each major taxo-
nomic group. This gives a visual sense of
the disparity in species richness among
groups. However, because most species
are not yet discovered or described,
some groups (such as bacteria, archaea,
insects, nematodes, protists, fungi, and
others) may contain far more species
than we now know of. Data from Groom-
bridge, B., and M.D. Jenkins, 2002. Global
biodiversity: Earth’s living resources in the 21st
century. UNEP-World Conservation Monitoring
Centre. Cambridge, U.K.: Hoechst Foundation.
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of all species. Although similar in scale to previous mass ex-
tinctions, today’s ongoing mass extinction is different in two
primary respects. First, we are causing it. Second, we will suf-
fer as a result.
We are setting the sixth
mass extinction in motion
Over just the past few centuries, we have recorded hun-
dreds of instances of species extinction caused by people.
Among North American birds in the past two centuries
alone, we have driven into extinction the Carolina para-
keet, great auk, Labrador duck, passenger pigeon (pp. 53–
54), probably the Bachman’s warbler and Eskimo curlew,
and possibly the ivory-billed woodpecker (FIGURE 8.6).
Several more species, including the whooping crane, Kirt-
land’s warbler, and California condor (p. 177), teeter on the

83. brink of extinction.
However, species extinctions caused by people precede
written history. Archaeological evidence shows that in case
after case, a wave of extinctions followed close on the heels
of human arrival on islands and continents (FIGURE 8.7). Af-
ter Polynesians reached Hawaii, half its birds went extinct.
Birds, mammals, and reptiles vanished following human
arrival on many other oceanic islands, including large land
masses such as New Zealand and Madagascar. Dozens of
species of large vertebrates died off in Australia after people
arrived roughly 50,000 years ago, and North America lost
33 genera of large mammals once people arrived more than
10,000 years ago.
Today, species loss is accelerating as our population
growth and resource consumption put increasing strain on
remaining 1% comprises the wealth of species on our planet
today.
Most extinctions preceding the appearance of human
beings occurred one by one for independent reasons, at a
pace referred to as the background extinction rate (p. 51). By
studying traces of organisms preserved in the fossil record
(p. 50), scientists infer that for mammals and marine ani-
mals, each year, on average, 1 species out of every 1–10 mil-
lion vanished.
Earth has experienced five
mass extinction episodes
Extinction rates rose far above this background rate at sev-
eral points in Earth’s history. In the past 440 million years,
our planet experienced five major episodes of mass extinc-
tion (p. 51; FIGURE 8.5). Each event eliminated more than
one-fifth of life’s families and at least half its species. The

84. most severe episode occurred at the end of the Permian pe-
riod (see APPENDIX: Geologic Time Scale for Earth’s geologic
periods). At this time, 248 million years ago, close to 90% of
all species went extinct. The best-known episode occurred
65 million years ago at the end of the Cretaceous period,
when an apparent asteroid impact brought an end to the di-
nosaurs and many other groups.
If current trends continue, the modern era, known as the
Quaternary period, may see the extinction of more than half
N
um
be
r
of
f
am
ili
es
li
vi
ng
a
t
th
e
tim

85. e
800
600
400
200
0
600 500 400 300 200 100 0
Millions of years ago (present)
Ordovician
extinction
Devonian
extinction
Permo-Triassic
extinction
End-Triassic
extinction
Cretaceous-
Tertiary
extinction
FIGU
episodes
of mass extinction during the past half-billion years of Earth
his-
tory. At the end of the Ordovician, Devonian, Permian, Triassic,

86. and Cretaceous periods, 50–95% of the world’s species appear
to
have gone extinct. (This graph shows families, not species,
which
is why the drops appear less severe.) Each time, biodiversity
later
rebounded to equal or higher levels, but each rebound required
millions of years. Data from Raup, D.M., and J.J. Sepkoski,
1982. Mass
extinctions in the marine fossil record. Science 215:1501–1503.
Reprinted with
permission from AAAS.
-billed woodpecker was one of North
America’s most majestic birds and lived in old-growth forests
throughout the southeastern United States. Forest clearing and
timber harvesting eliminated the mature trees it needed for
food,
shelter, and nesting, and this symbol of the South appeared to
go extinct. In recent years, fleeting, controversial observations
in
Arkansas, Louisiana, and Florida have raised hopes that the
species
persists, but proof has been elusive.
166
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habitats and wildlife. In 2005, scientists with the Millennium
Ecosystem Assessment (p. 16 ) calculated that the current
global extinction rate is 100 to 1,000 times greater than the
background rate. They projected that the rate would increase
tenfold or more in future decades.
To monitor endangered species, the International Union
for Conservation of Nature (IUCN) maintains the Red List ,
an updated list of species facing high risks of extinction. The
2010 Red List reported that 21% (1,131) of mammal species,
13% (1,240) of bird species, and 30% (1,898) of amphibian
species are threatened with extinction. Among other major
groups (for which assessments are not complete), 17% to 73%

88. of species are judged to be at high risk of extinction. In the
United States alone over the past 500 years, 237 animals and
30 plants are known to have gone extinct. For all these figures,
the actual numbers are without doubt greater than the known
numbers.
Among the 1,131 mammals facing possible extinction is the
tiger, which despite—or perhaps because of—its tremendous
size and reputation as a fierce predator, is one of the most
endangered large animals on the planet. In 1950, eight tiger
subspecies existed (see Figure 8.3 ). Today, three are
extinct.
The Bali tiger went extinct in the 1940s, the Caspian tiger in
the 1970s, and the Javan tiger in the 1980s. The South China
tiger has not been seen in 25 years and little of its habitat
remains, so scientists fear it too will soon be extinct, if it is
not already.
North America
~10,000–11,500 yr ago
72% of large mammal genera
Eurasia
>30,000 yr ago
36% of large mammal genera
Pacific Islands
~1,000–3,000 yr ago
50+% of endemic
landbird species
New Zealand
~1,000 yr ago
moas, other birds
South America

89. ~10,000–15,000 yr ago
83% of large mammal genera
?
Africa
~160,000 yr ago
18% of large mammal genera
?
Madagascar
~1,500 yr ago
lemurs,
elephant birds, others
Australia
~44,000–72,000 yr ago
88% of large
mammal genera
of human arrival and the extent of the recent extinction
wave. Illustrated are representative extinct megafauna from
each region. The human hunter icons are sized accord-
ing to the degree of evidence that human hunting was a cause of
extinctions; larger icons indicate more certainty
that humans (as opposed to climate change or other factors)
were the cause. Data for South America and Africa are
so far too sparse to be conclusive, and future archaeological and
paleontological research could well alter these
interpretations. Adapted from Barnosky, A.D., et al., 2004.
Assessing the causes of late Pleistocene extinctions on the
continents.
Science 306: 70–75; and Wilson, E.O., 1992. The diversity of
life . Cambridge, MA: Belknap Press.

90. FAQ
Q: If a mass extinction is happening, why don’t I see species
going extinct all around me?
A: There are two reasons that most of us don’t personally
sense the scale of biodiversity loss.
First, if you live in a town or city, the plants and
animals you see from day to day are generalist species
that thrive in disturbed areas. In contrast, the species
in trouble are those that rely on less-disturbed habitats,
and you may need to go further afield to find them.
S econd, a human lifetime is very short! The loss of
populations and species over the course of our lifetime
may seem a slow process to us, but on Earth’s timescale
it is sudden—almost instantaneous. Because each of us
is born into a world that has already lost many species,
we don’t recognize what’s already been lost. Likewise,
our grandchildren won’t appreciate what we’ve lost in
our lifetimes. Each human generation experiences just a
portion of the overall phenomenon, so we have difficulty
sensing the big picture. Nonetheless, researchers who
study biology and naturalists who spend their time
outdoors are seeing a great deal of biodiversity loss—and
that’s precisely why they feel so passionate about it.
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prairies native to North America’s Great Plains are today al-
most entirely converted to agriculture. Less than 1% of prai-
rie habitat remains. As a result, grassland bird populations
have declined by an estimated 82–99%.
Habitat destruction has occurred widely in nearly every
biome (FIGURE 8.9). Over half of the world’s temperate for-

93. ests, grasslands, and shrublands had been converted by 1950
(mostly for agriculture). Across Asia, scientists estimate that
40% of the tiger’s remaining habitat has disappeared just in
the last decade. Today habitat is being lost most rapidly in
tropical rainforests, tropical dry forests, and savannas.
Because organisms are adapted to the habitats in which
they live, any major change in their habitat is likely to render
it less suitable for them. Many human activities alter, degrade,
or destroy habitat. Farming replaces diverse natural commu-
nities with simplified ones composed of only a few plant spe-
cies. Grazing modifies the structure and species composition
of grasslands. Either type of agriculture can lead to desertifi-
cation. Clearing forests removes the food, shelter, and other
resources that forest-dwelling organisms need to survive.
Hydroelectric dams turn rivers into reservoirs upstream and
affect water conditions and floodplain communities down-
stream. Urban sprawl supplants natural ecosystems, driving
many species from their homes.
Biodiversity loss involves
more than extinction
Extinction is only part of the story of biodiversity loss. The
larger part involves declining population sizes. As a species’
numbers decline, its geographic range often shrinks as it is
extirpated from parts of its range. Thus, many species today
are less numerous and occupy less area than they once did.
Tigers numbered well over 100,000 worldwide in the 19th
century but number only 3,000 to 3,500 today. Such declines
mean that genetic diversity and ecosystem diversity, as well as
species diversity, are being lost.
To measure and quantify this degradation, scientists at
the World Wildlife Fund and the United Nations Environ-
ment Programme (UNEP) developed a metric called the Liv-
ing Planet Index. This index summarizes trends in the popula-

94. tions of 2,544 vertebrate species that are sufficiently monitored
to provide reliable data. Between 1970 and 2007, the Living
Planet Index fell by roughly 30% (FIGURE 8.8), driven prima-
rily by biodiversity losses in tropical regions.
Several major causes of biodiversity
loss stand out
Scientists have identified four primary causes of popula-
tion decline and species extinction: habitat loss, pollution,
overharvesting, and invasive species. Global climate change
(Chapter 14) now is becoming the fifth. Each of these causes
is intensified by human population growth and by our in-
creasing per capita consumption of resources.
Habitat loss Habitat loss is the single greatest cause of
biodiversity loss today. It is the primary cause of popula-
tion declines in 83% of threatened mammals and 85% of
threatened birds, according to UNEP data. For example, the
0.5
0
1.0
1.5
2.0
1970 1980 1990 2000 2007
In
de
x
(1

95. 97
0
=
1
.0
)
Year
Living planet index
Terrestrial index
Freshwater index
Marine index
of
the state of global biodiversity. Index values summarize trends
for
7,953 populations of 2,544 vertebrate species. Between 1970
and
2007, the Living Planet Index fell by roughly 30%. The index
for
terrestrial species fell by 25%; for freshwater species, 35%; and
for
marine species, 24%. Most losses are in tropical regions, where
the
index has declined by 60%. In contrast, temperate areas are
recov-
ering, showing an improvement of 29%. Data from World Wide
Fund
for Nature, 2010. The Living Planet Report, 2010. Gland,
Switzerland.

96. 10
20
30
40
50
60
70
80
90
100
0
Pe
rc
en
t
of
h
ab
ita
t
lo

97. st
Ch
ap
ar
ra
l
Te
m
pe
ra
te
g
ra
ss
lan
d
Te
m
pe
ra
te
d
ec

98. id
uo
us
fo
re
st
Tro
pi
ca
l d
ry
fo
re
st
Sa
va
nn
a
De
se
rt
Tro
pi

99. ca
l r
ain
fo
re
st
Te
m
pe
ra
te
ra
in
fo
re
st
Bo
re
al
fo
re
st
Tu
nd

100. ra
as a
result of human impacts from housing development (inset
photo),
agriculture, mining, and other activities. Bars show for each
biome
the percentage of original area converted for human use through
1990. Temperate grassland and chaparral have lost over 70% of
their
area, whereas tundra and boreal forest have lost very little. In
recent
decades, tropical dry forest and savanna have lost the greatest
fraction. These data are for outright conversion of habitat and
do
not include areas indirectly affected by human activity in other
ways.
Adapted from Millennium Ecosystem Assessment, 2005.
Ecosystems and human
well-being: Biodiversity synthesis. World Resources Institute,
Washington, D.C.
168
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Published by Benjamin Cummings. Copyright © 2012 by
Pearson Education, Inc.
G
A
R

101. R
E
T
T
,
M
E
G
A
N
1
3
2
4
T
S
Of course, human habitat alteration benefits some spe-
cies. Animals such as house sparrows, pigeons, gray squir-
rels, rats, and cockroaches thrive in cities and suburbs. How-
ever, the species that benefit from our presence are relatively
few; for every species that wins, more lose. Furthermore, the
species that do well in our midst tend to be weedy generalists
that are in little danger of disappearing any time soon.
Habitat loss occurs most commonly through gradual,
piecemeal degradation such as habitat fragmentation (FIGURE
8.10). When farming, logging, road building, or development
intrude into a forest, they break up a continuous expanse of for-
est habitat into an array of fragments, or patches. As habitat
fragmentation proceeds across a landscape, animals and plants
adapted to the forest habitat disappear from one fragment after

102. Original habitat1
Gaps form as habitat
becomes fragmented
2
Gaps become larger;
fragments become smaller
and more isolated
3
Species disappear due to
habitat fragmentation
4
➊ begins when gaps
are created ➋ within a natural habitat. As development
proceeds,
these gaps expand ➌, join together, and eventually come to
domi-
nate the landscape ➍, stranding islands of habitat in their midst.
As habitat becomes fragmented, fewer populations can persist,
and numbers of species in the fragments decline.
medicines and aphrodisiacs in some Asian cultures. Poachers
are il-
legally killing tigers to satisfy the surging market demand for
these
items. Here a street vendor in northern China displays tiger
body
parts for sale.

103. another. In response to habitat fragmentation, conservation bi-
ologists design landscape-level strategies to prioritize areas to
be preserved (pp. 201–203).
Pollution Pollution harms organisms in many ways. Air
pollution (Chapter 13) degrades forest ecosystems. Water pol-
lution (Chapter 12) impairs fish and amphibians. Agricul-
tural runoff (including fertilizers, pesticides, and sediments;
Chapters 2 and 7) harms many terrestrial and aquatic species.
Heavy metals, polychlorinated biphenyls (PCBs), endocrine-
disrupting compounds, and other toxic chemicals poison peo-
ple and wildlife (Chapter 10). Plastic garbage in the ocean can
strangle, drown, or choke marine creatures (pp. 270–271). The
effects of oil and chemical spills on wildlife (pp. 267, 338–340)
are dramatic and well known. However, although pollution is
a substantial threat, it tends to be less significant than pub-
lic perception holds it to be, and it is far less influential than
habitat loss.
Overharvesting For most species, hunting or harvest-
ing by people will not in itself pose a threat of extinction, but
for species like the Siberian tiger, it can. Large in size, few in
number, long-lived, and raising few young in its lifetime—
a classic K-selected species (p. 59)—the Siberian tiger is just
the type of animal to be vulnerable to hunting. The advent
of Russian hunting nearly drove the animal extinct, whereas
decreased hunting after World War II allowed the population
to increase. By the 1980s, the Siberian tiger population was
likely up to 250 individuals. The political freedom that came
with the Soviet Union’s breakup in 1989, however, brought
with it a freedom to harvest Siberia’s natural resources, in-
cluding the tiger, without regulations or rules, and poachers
illegally killed at least 180 Siberian tigers between 1991 and
1996. This coincided with an economic expansion in many
Asian countries, where tiger penises are believed to boost

104. human sexual performance and where tiger bones, claws,
whiskers, and other body parts are used to try to treat a va-
riety of health problems (FIGURE 8.11). Although no proof of
169
C
H
A
P
TE
R
8
Bi
od
iv
er
si
ty
a
nd
C
on
se
rv

105. at
io
n
Bi
ol
og
y
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Essential Environment: The Science Behind the Stories, Fourth
Edition, by Jay Withgott and Matthew Laposata.
Published by Benjamin Cummings. Copyright © 2012 by
Pearson Education, Inc.
G
A
R
R
E
T
T
,
M
E
G
A
N
1
3
2

106. 4
T
S
Invasive species Our introduction of non-native species
to new environments, where some may become invasive (pp.
75–77), also displaces native species (FIGURE 8.12). Some in-
troductions are accidental. Examples include aquatic organ-
isms transported in the ballast water of ships (such as zebra
mussels; Chapter 4), animals that escape from the pet trade,
and weeds whose seeds cling to our socks as we travel from
place to place. Other introductions are intentional. People
have long brought food crops and animals with them as they
colonized new places, and today we continue international
trade in exotic pets and ornamental plants.
Most organisms introduced to new areas perish, but the
few types that survive may do very well, especially if they are
freed from the predators and parasites that attacked them back
home or from the competitors that had limited their access to
resources. Once released from the limiting factors (p. 58) of
predation, parasitism, and competition, an introduced species
their effectiveness has been demonstrated, sale of body parts
from one tiger fetches at least $15,000 on the black market—a
powerful economic temptation for poachers in poor regions.
Hunting has reduced the populations of many
K-selected animals. The Atlantic gray whale was driven ex-
tinct, and several other whales remain threatened or endan-
gered. Gorillas and other primates that are killed for their meat
may face extinction soon. Thousands of sharks are killed each
year simply so their fins can be used in soup. Today the oceans
contain only 10% of the large animals they once did (p. 274).

107. To combat overharvesting, governments have passed
laws, signed treaties, and strengthened anti-poaching efforts.
Scientists have begun using genetic analyses to expose illegal
hunting and wildlife trade. For instance, DNA testing can re-
veal the geographic origins of elephant ivory and determine
whether whale meat sold in markets came from animals caught
illegally (see THE SCIENCE BEHIND THE STORY, pp. 178–
179).
Species Invasive in… Effects
Kudzu (Pueraria
montana) Southeastern
United States
(Native to Japan)
Asian long-horned beetles
(Anoplophora glabripennis) United States
(Native to Asia)
Rosy wolfsnail
(Euglandina rosea)
Hawaii
(Native to Southeastern
United States and
Latin America)
Invasive Species
European starling

108. (Sturnus vulgaris)
North America
(Native to Europe)
Gypsy moth
(Lymantria dispar) Northeastern
United States
(Native to Eurasia)
Cheatgrass (Bromus
tectorum) Western United
States
(Native to Eurasia)
Brown tree snake
(Boiga irregularis)
Guam
(Native to
Southeast Asia)
Kudzu is a vine that can grow 30 m (100 ft) in a single season.
The U.S. Soil
Conservation Service introduced kudzu in the 1930s to help
control erosion.
Adaptable and extraordinarily fast-growing, kudzu has taken
over
thousands of hectares of forests, fields, and roadsides.