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.
Incidental Damages
C.
Consequential 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.
Parallel Litigation
C.
Privity
D.
Equitable Remedy
Question #3
Losses that do not flow directly and immediately from an injurious act
A.
Incidental Damages
B.
Consequential Damages
C.
Replevin
D.
Special Damages
Question #4
Injured party delays in seeking remedy in a way that is unfair to the other party
A.
Privity
B.
Fee Recovery
C.
Laches
D.
Cover
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.
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.
Parallel Litigation
B.
Jurisdiction
C.
Nominal Damages
D.
Restitution
Question #8
Recovery of property from one who is wrongfully in possession
A.
Replevin
B.
e-discovery
C.
Privity
D.
Restitution
Question #9
Examples include filing fees, fees for service of process and similar charges incurred in litigation
A.
Jurisdiction
B.
Binding Arbitration
C.
Costs
D.
Fee Recovery
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.
Replevin
B.
Fee Recovery
C.
Privity
D.
Discovery
Question #12
Injured party's choice between remedies available for a single actionable occurrence
A.
Equitable Remedy
B.
Mediation
C.
Replevin
D.
Election of Remedies
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.
e-discovery
B.
Liquidated Damages
C.
Strict Liability
D.
Mediation
Question #15
Liability regardless of fault
A.
Replevin
B.
Unique Property
C.
Strict Liability
D.
Equitable Remedy
Question #16
A third party in ADR, mediator or arbitrator
A.
Laches
B.
Unique Property
C.
Binding Arbitration
D.
Neutral
Question #17
Buyer obtains substitute goods
A.
Strict Liability
B.
Incidental Damages
C.
Neutral
D.
Cover
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.
Fee Recovery
B.
Neutral
C.
e-discovery
D.
Unique Property
Question #20
Court order requiring a party to perform contract obligations
A.
Notice of Claims Provision
B.
Equitable Remedy
C.
Specific Performance
D.
Liquidated Damages
Question #21
Court order requiring or prohibiting specific actions
A.
Incidental Damages
B.
Choice of Law
C.
Injunction
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.
Present worth doctrine
C.
Choice of Law
D.
Court-annexed ADR
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.
Choice of Law
B.
Liquidated Damages
C.
Jurisdiction
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.
Incidental Damages
C.
Reliance 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.
Jurisdiction
B.
Neutral
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.
Special Damages
B.
Incidental Damages
C.
Compensatory Damages
D.
Consequential 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.
Special Damages
B.
Incidental Damages
C.
Expectation Damages
D.
Consequential Damages
Question #29
An award of attorney's fees; also called Fee Recovery
A.
Laches
B.
Chancery
C.
Fee Reversal
D.
Legal Remedy
Question #30
Rewriting contact; also called Blue-Penciling
A.
Reformation
B.
Case in equity
C.
Legal Remedy
D.
Strict Liability
Question #31
The value, in "today's money" of payments to be made in the future
A.
Case in equity
B.
Present worth doctrine
C.
Restitution
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.
Restitution
C.
Laches
D.
Notice of Claims Provision
Question #33
A chancery court can order acts performed
A.
Chancery
B.
Replevin
C.
Restitution
D.
Jurisdiction
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.
Choice of Law
B.
Binding Arbitration
C.
Jurisdiction
D.
Damages
Question #36
Losses that do not flow directly and immediately from an injurious act, but are indirect; see Consequential Damages
A.
Special Damages
B.
Consequential Damages
C.
Incidental Damages
D.
Legal Remedy
Question #37
Award of money; also called Legal Remedy
A.
Damages
B.
Case in equity
C.
Choice of Law
D.
e-discovery
Question #38
Area within which judicial authority may be exercised
A.
e-discovery
B.
Mediation
C.
Case in equity
D.
Jurisdiction
Question #39
A neutral hears both positions and imposes a decision
A.
Arbitration
B.
Chancery
C.
Franchise
D.
Present worth doctrine
Question #40
Courts can issue orders based on fairness; see Equitable Remedy
A.
Franchise
B.
Chancery
C.
Legal Remedy
D.
Case in equity
Question #41
Electronic recovery of e-mail, and documents from computers, servers, and hand-held PDAs
A.
Restitution
B.
Case in equity
C.
e-discovery
D.
Mediation
Question #42
Award of money; also called Damages
A.
Present worth doctrine
B.
Legal Remedy
C.
Mediation
D.
Incidental Damages
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