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.
Incidental Damages
B.
Special Damages
C.
Equitable Remedy
D.
Consequential Damages
Question #2
Single dispute results in cases in more than one state or in both state and federal courts
A.
Equitable Remedy
B.
Privity
C.
Fee Recovery
D.
Parallel Litigation
Question #3
Losses that do not flow directly and immediately from an injurious act
A.
Consequential Damages
B.
Special Damages
C.
Replevin
D.
Incidental Damages
Question #4
Injured party delays in seeking remedy in a way that is unfair to the other party
A.
Privity
B.
Cover
C.
Laches
D.
Fee Recovery
Question #5
Being a party to the contract
A.
Replevin
B.
Privity
C.
Cover
D.
Election of Remedies
Question #6
A case requesting damages (money)
A.
Replevin
B.
Election of Remedies
C.
Parallel Litigation
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.
Jurisdiction
B.
Nominal Damages
C.
Restitution
D.
Parallel Litigation
Question #8
Recovery of property from one who is wrongfully in possession
A.
Privity
B.
Restitution
C.
e-discovery
D.
Replevin
Question #9
Examples include filing fees, fees for service of process and similar charges incurred in litigation
A.
Binding Arbitration
B.
Jurisdiction
C.
Fee Recovery
D.
Costs
Question #10
Losses reasonably associated with or related to actual damages; indirect damages
A.
Cover
B.
Incidental Damages
C.
Fee Recovery
D.
Binding Arbitration
Question #11
Pre-trial investigation of facts by questioning, inspection, etc.
A.
Discovery
B.
Privity
C.
Fee Recovery
D.
Replevin
Question #12
Injured party's choice between remedies available for a single actionable occurrence
A.
Equitable Remedy
B.
Election of Remedies
C.
Mediation
D.
Replevin
Question #13
An item that is not readily available from other sources
A.
Strict Liability
B.
Unique Property
C.
Replevin
D.
Parallel Litigation
Question #14
Damages agreed to in advance of breach, in the contract itself
A.
e-discovery
B.
Liquidated Damages
C.
Mediation
D.
Strict Liability
Question #15
Liability regardless of fault
A.
Unique Property
B.
Strict Liability
C.
Replevin
D.
Equitable Remedy
Question #16
A third party in ADR, mediator or arbitrator
A.
Laches
B.
Neutral
C.
Unique Property
D.
Binding Arbitration
Question #17
Buyer obtains substitute goods
A.
Cover
B.
Strict Liability
C.
Neutral
D.
Incidental Damages
Question #18
To settle a dispute other than by litigation, including arbitration and mediation
A.
Replevin
B.
Alternative Dispute Resolution
C.
Incidental Damages
Question #19
An award of attorney's fees; also called Fee Reversal
A.
Unique Property
B.
Neutral
C.
e-discovery
D.
Fee Recovery
Question #20
Court order requiring a party to perform contract obligations
A.
Specific Performance
B.
Notice of Claims Provision
C.
Equitable Remedy
D.
Liquidated Damages
Question #21
Court order requiring or prohibiting specific actions
A.
Incidental Damages
B.
Injunction
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.
Parallel Litigation
B.
Court-annexed ADR
C.
Present worth doctrine
D.
Choice of Law
Question #23
Return of, restoration of, or compensation for
A.
Notice of Claims Provision
B.
Restitution
C.
Strict Liability
D.
Laches
Question #24
Contract language that defines which state's law will apply in case of litigation
A.
Strict Liability
B.
Choice of Law
C.
Liquidated Damages
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.
Special Damages
B.
Consequential Damages
C.
Incidental Damages
D.
Reliance Damages
Question #26
Neutral helps parties understand each others' positions and may suggest solutions, but agreement ultimately comes from the parties
A.
Mediation
B.
Damages
C.
Neutral
D.
Jurisdiction
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.
Special Damages
D.
Incidental 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.
Consequential Damages
B.
Expectation Damages
C.
Incidental Damages
D.
Special Damages
Question #29
An award of attorney's fees; also called Fee Recovery
A.
Chancery
B.
Legal Remedy
C.
Fee Reversal
D.
Laches
Question #30
Rewriting contact; also called Blue-Penciling
A.
Strict Liability
B.
Case in equity
C.
Reformation
D.
Legal Remedy
Question #31
The value, in "today's money" of payments to be made in the future
A.
Liquidated Damages
B.
Restitution
C.
Case in equity
D.
Present worth doctrine
Question #32
Contract language requiring one party to give the other party written notice a specified time before filing suit
A.
Chancery
B.
Laches
C.
Notice of Claims Provision
D.
Restitution
Question #33
A chancery court can order acts performed
A.
Jurisdiction
B.
Chancery
C.
Replevin
D.
Restitution
Question #34
Contract granting the right to operate under a brand name
A.
Present worth doctrine
B.
Replevin
C.
Jurisdiction
D.
Franchise
Question #35
Parties give up the right to challenge arbitration result in court
A.
Choice of Law
B.
Damages
C.
Binding Arbitration
D.
Jurisdiction
Question #36
Losses that do not flow directly and immediately from an injurious act, but are indirect; see Consequential Damages
A.
Special Damages
B.
Legal Remedy
C.
Consequential Damages
D.
Incidental Damages
Question #37
Award of money; also called Legal Remedy
A.
e-discovery
B.
Choice of Law
C.
Case in equity
D.
Damages
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.
Present worth doctrine
B.
Chancery
C.
Franchise
D.
Arbitration
Question #40
Courts can issue orders based on fairness; see Equitable Remedy
A.
Chancery
B.
Case in equity
C.
Legal Remedy
D.
Franchise
Question #41
Electronic recovery of e-mail, and documents from computers, servers, and hand-held PDAs
A.
Restitution
B.
Mediation
C.
e-discovery
D.
Case in equity
Question #42
Award of money; also called Damages
A.
Present worth doctrine
B.
Mediation
C.
Legal Remedy
D.
Incidental Damages
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