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.
Consequential 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.
Privity
B.
Fee Recovery
C.
Parallel Litigation
D.
Equitable Remedy
Question #3
Losses that do not flow directly and immediately from an injurious act
A.
Replevin
B.
Consequential Damages
C.
Special Damages
D.
Incidental Damages
Question #4
Injured party delays in seeking remedy in a way that is unfair to the other party
A.
Laches
B.
Privity
C.
Cover
D.
Fee Recovery
Question #5
Being a party to the contract
A.
Replevin
B.
Privity
C.
Election of Remedies
D.
Cover
Question #6
A case requesting damages (money)
A.
Parallel Litigation
B.
Election of Remedies
C.
Case at law
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.
Restitution
B.
Privity
C.
Replevin
D.
e-discovery
Question #9
Examples include filing fees, fees for service of process and similar charges incurred in litigation
A.
Binding Arbitration
B.
Costs
C.
Jurisdiction
D.
Fee Recovery
Question #10
Losses reasonably associated with or related to actual damages; indirect damages
A.
Incidental Damages
B.
Cover
C.
Binding Arbitration
D.
Fee Recovery
Question #11
Pre-trial investigation of facts by questioning, inspection, etc.
A.
Privity
B.
Discovery
C.
Replevin
D.
Fee Recovery
Question #12
Injured party's choice between remedies available for a single actionable occurrence
A.
Replevin
B.
Election of Remedies
C.
Mediation
D.
Equitable Remedy
Question #13
An item that is not readily available from other sources
A.
Replevin
B.
Unique Property
C.
Strict Liability
D.
Parallel Litigation
Question #14
Damages agreed to in advance of breach, in the contract itself
A.
Mediation
B.
Strict Liability
C.
e-discovery
D.
Liquidated Damages
Question #15
Liability regardless of fault
A.
Strict Liability
B.
Equitable Remedy
C.
Unique Property
D.
Replevin
Question #16
A third party in ADR, mediator or arbitrator
A.
Unique Property
B.
Neutral
C.
Binding Arbitration
D.
Laches
Question #17
Buyer obtains substitute goods
A.
Strict Liability
B.
Cover
C.
Neutral
D.
Incidental Damages
Question #18
To settle a dispute other than by litigation, including arbitration and mediation
A.
Replevin
B.
Incidental Damages
C.
Alternative Dispute Resolution
Question #19
An award of attorney's fees; also called Fee Reversal
A.
Unique Property
B.
e-discovery
C.
Neutral
D.
Fee Recovery
Question #20
Court order requiring a party to perform contract obligations
A.
Notice of Claims Provision
B.
Specific Performance
C.
Equitable Remedy
D.
Liquidated Damages
Question #21
Court order requiring or prohibiting specific actions
A.
Injunction
B.
Incidental Damages
C.
Notice of Claims Provision
D.
Choice of Law
Question #22
Use of the court system's own mediators or arbitrators before going to trial
A.
Present worth doctrine
B.
Parallel Litigation
C.
Choice of Law
D.
Court-annexed ADR
Question #23
Return of, restoration of, or compensation for
A.
Strict Liability
B.
Laches
C.
Restitution
D.
Notice of Claims Provision
Question #24
Contract language that defines which state's law will apply in case of litigation
A.
Jurisdiction
B.
Liquidated Damages
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.
Special Damages
B.
Reliance Damages
C.
Incidental 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.
Mediation
B.
Neutral
C.
Jurisdiction
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.
Compensatory Damages
B.
Incidental Damages
C.
Consequential 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.
Consequential Damages
B.
Expectation Damages
C.
Incidental Damages
D.
Special Damages
Question #29
An award of attorney's fees; also called Fee Recovery
A.
Fee Reversal
B.
Laches
C.
Legal Remedy
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.
Case in equity
B.
Liquidated Damages
C.
Present worth doctrine
D.
Restitution
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.
Replevin
B.
Restitution
C.
Chancery
D.
Jurisdiction
Question #34
Contract granting the right to operate under a brand name
A.
Replevin
B.
Present worth doctrine
C.
Jurisdiction
D.
Franchise
Question #35
Parties give up the right to challenge arbitration result in court
A.
Binding Arbitration
B.
Damages
C.
Jurisdiction
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.
Incidental Damages
B.
Legal Remedy
C.
Consequential Damages
D.
Special Damages
Question #37
Award of money; also called Legal Remedy
A.
e-discovery
B.
Choice of Law
C.
Damages
D.
Case in equity
Question #38
Area within which judicial authority may be exercised
A.
e-discovery
B.
Case in equity
C.
Mediation
D.
Jurisdiction
Question #39
A neutral hears both positions and imposes a decision
A.
Present worth doctrine
B.
Chancery
C.
Arbitration
D.
Franchise
Question #40
Courts can issue orders based on fairness; see Equitable Remedy
A.
Case in equity
B.
Chancery
C.
Legal Remedy
D.
Franchise
Question #41
Electronic recovery of e-mail, and documents from computers, servers, and hand-held PDAs
A.
Case in equity
B.
Restitution
C.
Mediation
D.
e-discovery
Question #42
Award of money; also called Damages
A.
Legal Remedy
B.
Incidental Damages
C.
Present worth doctrine
D.
Mediation
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