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1. Which of the following is a condition subsequent?
A) “I promise to do X if I succeed in getting a loan.”
B) “I promise to do X on the condition that the Cubs win the World Series.”
C) “I promise to do X unless Al Gore is elected President in 2000.”
D) “I promise to do X assuming that inflation stays below 3% in 1997.”

2. Which of the following is sufficient to establish that a professional has acted with scienter for purposes of common law fraud?
A) The professional’s careless consideration for the accuracy of his work.
B) The professional’s recklessly ignoring facts.
C) The professional’s failure to exercise due diligence.
D) The professional’s negligent misstatement of fact.

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