Paralegal 041 - Contract Law » 2019 » Chapter 11 Review Materials
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Question #1
Award that is non-monetary and involves court orders; see Case in Equity and Chancery
A.
Consequential Damages
B.
Incidental Damages
C.
Equitable Remedy
D.
Special Damages
Question #2
Single dispute results in cases in more than one state or in both state and federal courts
A.
Parallel Litigation
B.
Equitable Remedy
C.
Fee Recovery
D.
Privity
Question #3
Losses that do not flow directly and immediately from an injurious act
A.
Incidental Damages
B.
Replevin
C.
Special Damages
D.
Consequential Damages
Question #4
Injured party delays in seeking remedy in a way that is unfair to the other party
A.
Cover
B.
Fee Recovery
C.
Laches
D.
Privity
Question #5
Being a party to the contract
A.
Privity
B.
Election of Remedies
C.
Cover
D.
Replevin
Question #6
A case requesting damages (money)
A.
Parallel Litigation
B.
Case at law
C.
Election of Remedies
D.
Replevin
Question #7
Minimal amount of damages awarded, even if no financial loss resulted from the breach or if the loss cannot be proven with reasonable certainty
A.
Restitution
B.
Nominal Damages
C.
Jurisdiction
D.
Parallel Litigation
Question #8
Recovery of property from one who is wrongfully in possession
A.
Replevin
B.
Privity
C.
Restitution
D.
e-discovery
Question #9
Examples include filing fees, fees for service of process and similar charges incurred in litigation
A.
Fee Recovery
B.
Jurisdiction
C.
Costs
D.
Binding Arbitration
Question #10
Losses reasonably associated with or related to actual damages; indirect damages
A.
Cover
B.
Incidental Damages
C.
Binding Arbitration
D.
Fee Recovery
Question #11
Pre-trial investigation of facts by questioning, inspection, etc.
A.
Fee Recovery
B.
Privity
C.
Replevin
D.
Discovery
Question #12
Injured party's choice between remedies available for a single actionable occurrence
A.
Replevin
B.
Equitable Remedy
C.
Mediation
D.
Election of Remedies
Question #13
An item that is not readily available from other sources
A.
Parallel Litigation
B.
Strict Liability
C.
Replevin
D.
Unique Property
Question #14
Damages agreed to in advance of breach, in the contract itself
A.
Strict Liability
B.
e-discovery
C.
Liquidated Damages
D.
Mediation
Question #15
Liability regardless of fault
A.
Strict Liability
B.
Equitable Remedy
C.
Replevin
D.
Unique Property
Question #16
A third party in ADR, mediator or arbitrator
A.
Laches
B.
Binding Arbitration
C.
Unique Property
D.
Neutral
Question #17
Buyer obtains substitute goods
A.
Neutral
B.
Strict Liability
C.
Incidental Damages
D.
Cover
Question #18
To settle a dispute other than by litigation, including arbitration and mediation
A.
Alternative Dispute Resolution
B.
Incidental Damages
C.
Replevin
Question #19
An award of attorney's fees; also called Fee Reversal
A.
Fee Recovery
B.
Neutral
C.
Unique Property
D.
e-discovery
Question #20
Court order requiring a party to perform contract obligations
A.
Specific Performance
B.
Liquidated Damages
C.
Notice of Claims Provision
D.
Equitable Remedy
Question #21
Court order requiring or prohibiting specific actions
A.
Notice of Claims Provision
B.
Choice of Law
C.
Incidental Damages
D.
Injunction
Question #22
Use of the court system's own mediators or arbitrators before going to trial
A.
Court-annexed ADR
B.
Present worth doctrine
C.
Choice of Law
D.
Parallel Litigation
Question #23
Return of, restoration of, or compensation for
A.
Laches
B.
Notice of Claims Provision
C.
Strict Liability
D.
Restitution
Question #24
Contract language that defines which state's law will apply in case of litigation
A.
Strict Liability
B.
Liquidated Damages
C.
Choice of Law
D.
Jurisdiction
Question #25
Damages awarded for losses incurred by plaintiff in reliance on the contract; puts party in position that would have been occupied if the contract had not been made
A.
Reliance Damages
B.
Consequential Damages
C.
Special Damages
D.
Incidental Damages
Question #26
Neutral helps parties understand each others' positions and may suggest solutions, but agreement ultimately comes from the parties
A.
Jurisdiction
B.
Mediation
C.
Damages
D.
Neutral
Question #27
Damages intended to put non-breaching parties in the position they would have occupied if the contract had been fully performed
A.
Consequential Damages
B.
Compensatory Damages
C.
Incidental Damages
D.
Special Damages
Question #28
Damages intended to put non-breaching parties in the position they would have occupied if the contract had been fully performed; Compensatory Damages
A.
Incidental Damages
B.
Expectation Damages
C.
Consequential Damages
D.
Special Damages
Question #29
An award of attorney's fees; also called Fee Recovery
A.
Laches
B.
Legal Remedy
C.
Fee Reversal
D.
Chancery
Question #30
Rewriting contact; also called Blue-Penciling
A.
Strict Liability
B.
Reformation
C.
Case in equity
D.
Legal Remedy
Question #31
The value, in "today's money" of payments to be made in the future
A.
Present worth doctrine
B.
Liquidated Damages
C.
Case in equity
D.
Restitution
Question #32
Contract language requiring one party to give the other party written notice a specified time before filing suit
A.
Restitution
B.
Chancery
C.
Laches
D.
Notice of Claims Provision
Question #33
A chancery court can order acts performed
A.
Chancery
B.
Jurisdiction
C.
Restitution
D.
Replevin
Question #34
Contract granting the right to operate under a brand name
A.
Franchise
B.
Present worth doctrine
C.
Replevin
D.
Jurisdiction
Question #35
Parties give up the right to challenge arbitration result in court
A.
Jurisdiction
B.
Binding Arbitration
C.
Damages
D.
Choice of Law
Question #36
Losses that do not flow directly and immediately from an injurious act, but are indirect; see Consequential Damages
A.
Legal Remedy
B.
Incidental Damages
C.
Special Damages
D.
Consequential Damages
Question #37
Award of money; also called Legal Remedy
A.
Case in equity
B.
e-discovery
C.
Choice of Law
D.
Damages
Question #38
Area within which judicial authority may be exercised
A.
Mediation
B.
e-discovery
C.
Case in equity
D.
Jurisdiction
Question #39
A neutral hears both positions and imposes a decision
A.
Chancery
B.
Arbitration
C.
Franchise
D.
Present worth doctrine
Question #40
Courts can issue orders based on fairness; see Equitable Remedy
A.
Case in equity
B.
Franchise
C.
Chancery
D.
Legal Remedy
Question #41
Electronic recovery of e-mail, and documents from computers, servers, and hand-held PDAs
A.
Case in equity
B.
e-discovery
C.
Mediation
D.
Restitution
Question #42
Award of money; also called Damages
A.
Present worth doctrine
B.
Incidental Damages
C.
Mediation
D.
Legal Remedy
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