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.
Equitable Remedy
B.
Consequential Damages
C.
Incidental Damages
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.
Fee Recovery
C.
Privity
D.
Equitable Remedy
Question #3
Losses that do not flow directly and immediately from an injurious act
A.
Consequential Damages
B.
Replevin
C.
Incidental Damages
D.
Special Damages
Question #4
Injured party delays in seeking remedy in a way that is unfair to the other party
A.
Laches
B.
Cover
C.
Fee Recovery
D.
Privity
Question #5
Being a party to the contract
A.
Election of Remedies
B.
Privity
C.
Replevin
D.
Cover
Question #6
A case requesting damages (money)
A.
Election of Remedies
B.
Parallel Litigation
C.
Replevin
D.
Case at law
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.
Jurisdiction
C.
Parallel Litigation
D.
Nominal Damages
Question #8
Recovery of property from one who is wrongfully in possession
A.
Privity
B.
e-discovery
C.
Restitution
D.
Replevin
Question #9
Examples include filing fees, fees for service of process and similar charges incurred in litigation
A.
Costs
B.
Binding Arbitration
C.
Fee Recovery
D.
Jurisdiction
Question #10
Losses reasonably associated with or related to actual damages; indirect damages
A.
Binding Arbitration
B.
Cover
C.
Fee Recovery
D.
Incidental Damages
Question #11
Pre-trial investigation of facts by questioning, inspection, etc.
A.
Fee Recovery
B.
Discovery
C.
Replevin
D.
Privity
Question #12
Injured party's choice between remedies available for a single actionable occurrence
A.
Election of Remedies
B.
Equitable Remedy
C.
Mediation
D.
Replevin
Question #13
An item that is not readily available from other sources
A.
Strict Liability
B.
Unique Property
C.
Parallel Litigation
D.
Replevin
Question #14
Damages agreed to in advance of breach, in the contract itself
A.
Mediation
B.
Strict Liability
C.
Liquidated Damages
D.
e-discovery
Question #15
Liability regardless of fault
A.
Unique Property
B.
Strict Liability
C.
Equitable Remedy
D.
Replevin
Question #16
A third party in ADR, mediator or arbitrator
A.
Laches
B.
Unique Property
C.
Neutral
D.
Binding Arbitration
Question #17
Buyer obtains substitute goods
A.
Incidental Damages
B.
Cover
C.
Neutral
D.
Strict Liability
Question #18
To settle a dispute other than by litigation, including arbitration and mediation
A.
Alternative Dispute Resolution
B.
Replevin
C.
Incidental Damages
Question #19
An award of attorney's fees; also called Fee Reversal
A.
Unique Property
B.
Fee Recovery
C.
e-discovery
D.
Neutral
Question #20
Court order requiring a party to perform contract obligations
A.
Specific Performance
B.
Equitable Remedy
C.
Liquidated Damages
D.
Notice of Claims Provision
Question #21
Court order requiring or prohibiting specific actions
A.
Injunction
B.
Incidental Damages
C.
Choice of Law
D.
Notice of Claims Provision
Question #22
Use of the court system's own mediators or arbitrators before going to trial
A.
Choice of Law
B.
Parallel Litigation
C.
Court-annexed ADR
D.
Present worth doctrine
Question #23
Return of, restoration of, or compensation for
A.
Restitution
B.
Notice of Claims Provision
C.
Strict Liability
D.
Laches
Question #24
Contract language that defines which state's law will apply in case of litigation
A.
Jurisdiction
B.
Liquidated Damages
C.
Strict Liability
D.
Choice of Law
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.
Incidental Damages
C.
Special Damages
D.
Consequential Damages
Question #26
Neutral helps parties understand each others' positions and may suggest solutions, but agreement ultimately comes from the parties
A.
Neutral
B.
Jurisdiction
C.
Damages
D.
Mediation
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.
Fee Reversal
B.
Legal Remedy
C.
Chancery
D.
Laches
Question #30
Rewriting contact; also called Blue-Penciling
A.
Strict Liability
B.
Reformation
C.
Legal Remedy
D.
Case in equity
Question #31
The value, in "today's money" of payments to be made in the future
A.
Case in equity
B.
Restitution
C.
Present worth doctrine
D.
Liquidated Damages
Question #32
Contract language requiring one party to give the other party written notice a specified time before filing suit
A.
Chancery
B.
Notice of Claims Provision
C.
Laches
D.
Restitution
Question #33
A chancery court can order acts performed
A.
Restitution
B.
Jurisdiction
C.
Chancery
D.
Replevin
Question #34
Contract granting the right to operate under a brand name
A.
Present worth doctrine
B.
Franchise
C.
Jurisdiction
D.
Replevin
Question #35
Parties give up the right to challenge arbitration result in court
A.
Damages
B.
Jurisdiction
C.
Binding Arbitration
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.
Consequential Damages
B.
Legal Remedy
C.
Incidental Damages
D.
Special Damages
Question #37
Award of money; also called Legal Remedy
A.
e-discovery
B.
Case in equity
C.
Damages
D.
Choice of Law
Question #38
Area within which judicial authority may be exercised
A.
Case in equity
B.
Mediation
C.
e-discovery
D.
Jurisdiction
Question #39
A neutral hears both positions and imposes a decision
A.
Arbitration
B.
Franchise
C.
Chancery
D.
Present worth doctrine
Question #40
Courts can issue orders based on fairness; see Equitable Remedy
A.
Case in equity
B.
Franchise
C.
Legal Remedy
D.
Chancery
Question #41
Electronic recovery of e-mail, and documents from computers, servers, and hand-held PDAs
A.
Mediation
B.
Restitution
C.
e-discovery
D.
Case in equity
Question #42
Award of money; also called Damages
A.
Legal Remedy
B.
Mediation
C.
Present worth doctrine
D.
Incidental Damages
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