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.
Fee Recovery
B.
Privity
C.
Equitable Remedy
D.
Parallel Litigation
Question #3
Losses that do not flow directly and immediately from an injurious act
A.
Special Damages
B.
Replevin
C.
Incidental 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.
Privity
D.
Laches
Question #5
Being a party to the contract
A.
Privity
B.
Cover
C.
Replevin
D.
Election of Remedies
Question #6
A case requesting damages (money)
A.
Replevin
B.
Parallel Litigation
C.
Case at law
D.
Election of Remedies
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.
Restitution
C.
Parallel Litigation
D.
Nominal Damages
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.
Fee Recovery
C.
Costs
D.
Jurisdiction
Question #10
Losses reasonably associated with or related to actual damages; indirect damages
A.
Incidental Damages
B.
Binding Arbitration
C.
Cover
D.
Fee Recovery
Question #11
Pre-trial investigation of facts by questioning, inspection, etc.
A.
Fee Recovery
B.
Replevin
C.
Privity
D.
Discovery
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.
Parallel Litigation
C.
Replevin
D.
Unique Property
Question #14
Damages agreed to in advance of breach, in the contract itself
A.
Mediation
B.
e-discovery
C.
Strict Liability
D.
Liquidated Damages
Question #15
Liability regardless of fault
A.
Equitable Remedy
B.
Strict Liability
C.
Replevin
D.
Unique Property
Question #16
A third party in ADR, mediator or arbitrator
A.
Binding Arbitration
B.
Laches
C.
Unique Property
D.
Neutral
Question #17
Buyer obtains substitute goods
A.
Cover
B.
Neutral
C.
Strict Liability
D.
Incidental Damages
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.
Neutral
B.
Fee Recovery
C.
e-discovery
D.
Unique Property
Question #20
Court order requiring a party to perform contract obligations
A.
Equitable Remedy
B.
Notice of Claims Provision
C.
Specific Performance
D.
Liquidated Damages
Question #21
Court order requiring or prohibiting specific actions
A.
Choice of Law
B.
Incidental Damages
C.
Notice of Claims Provision
D.
Injunction
Question #22
Use of the court system's own mediators or arbitrators before going to trial
A.
Parallel Litigation
B.
Choice of Law
C.
Present worth doctrine
D.
Court-annexed ADR
Question #23
Return of, restoration of, or compensation for
A.
Strict Liability
B.
Notice of Claims Provision
C.
Restitution
D.
Laches
Question #24
Contract language that defines which state's law will apply in case of litigation
A.
Liquidated Damages
B.
Jurisdiction
C.
Choice of Law
D.
Strict Liability
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.
Special Damages
C.
Consequential 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.
Mediation
B.
Jurisdiction
C.
Neutral
D.
Damages
Question #27
Damages intended to put non-breaching parties in the position they would have occupied if the contract had been fully performed
A.
Special Damages
B.
Incidental Damages
C.
Consequential Damages
D.
Compensatory 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.
Expectation Damages
B.
Special Damages
C.
Consequential Damages
D.
Incidental Damages
Question #29
An award of attorney's fees; also called Fee Recovery
A.
Legal Remedy
B.
Laches
C.
Fee Reversal
D.
Chancery
Question #30
Rewriting contact; also called Blue-Penciling
A.
Reformation
B.
Case in equity
C.
Strict Liability
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.
Present worth doctrine
D.
Case in equity
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.
Jurisdiction
B.
Replevin
C.
Chancery
D.
Restitution
Question #34
Contract granting the right to operate under a brand name
A.
Present worth doctrine
B.
Franchise
C.
Replevin
D.
Jurisdiction
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.
Incidental Damages
C.
Special Damages
D.
Legal Remedy
Question #37
Award of money; also called Legal Remedy
A.
Case in equity
B.
Choice of Law
C.
Damages
D.
e-discovery
Question #38
Area within which judicial authority may be exercised
A.
e-discovery
B.
Mediation
C.
Jurisdiction
D.
Case in equity
Question #39
A neutral hears both positions and imposes a decision
A.
Franchise
B.
Present worth doctrine
C.
Arbitration
D.
Chancery
Question #40
Courts can issue orders based on fairness; see Equitable Remedy
A.
Franchise
B.
Chancery
C.
Case in equity
D.
Legal Remedy
Question #41
Electronic recovery of e-mail, and documents from computers, servers, and hand-held PDAs
A.
e-discovery
B.
Mediation
C.
Restitution
D.
Case in equity
Question #42
Award of money; also called Damages
A.
Legal Remedy
B.
Present worth doctrine
C.
Mediation
D.
Incidental Damages
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