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.
Equitable Remedy
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.
Privity
C.
Equitable Remedy
D.
Parallel Litigation
Question #3
Losses that do not flow directly and immediately from an injurious act
A.
Incidental Damages
B.
Replevin
C.
Consequential 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.
Privity
D.
Fee Recovery
Question #5
Being a party to the contract
A.
Cover
B.
Privity
C.
Election of Remedies
D.
Replevin
Question #6
A case requesting damages (money)
A.
Replevin
B.
Case at law
C.
Parallel Litigation
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.
Parallel Litigation
B.
Restitution
C.
Nominal Damages
D.
Jurisdiction
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.
Fee Recovery
B.
Costs
C.
Jurisdiction
D.
Binding Arbitration
Question #10
Losses reasonably associated with or related to actual damages; indirect damages
A.
Cover
B.
Fee Recovery
C.
Incidental Damages
D.
Binding Arbitration
Question #11
Pre-trial investigation of facts by questioning, inspection, etc.
A.
Privity
B.
Replevin
C.
Discovery
D.
Fee Recovery
Question #12
Injured party's choice between remedies available for a single actionable occurrence
A.
Mediation
B.
Equitable Remedy
C.
Replevin
D.
Election of Remedies
Question #13
An item that is not readily available from other sources
A.
Parallel Litigation
B.
Unique Property
C.
Replevin
D.
Strict Liability
Question #14
Damages agreed to in advance of breach, in the contract itself
A.
Liquidated Damages
B.
Mediation
C.
e-discovery
D.
Strict Liability
Question #15
Liability regardless of fault
A.
Strict Liability
B.
Unique Property
C.
Replevin
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.
Cover
B.
Neutral
C.
Incidental Damages
D.
Strict Liability
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.
e-discovery
B.
Fee Recovery
C.
Unique Property
D.
Neutral
Question #20
Court order requiring a party to perform contract obligations
A.
Specific Performance
B.
Equitable Remedy
C.
Notice of Claims Provision
D.
Liquidated Damages
Question #21
Court order requiring or prohibiting specific actions
A.
Incidental Damages
B.
Notice of Claims Provision
C.
Injunction
D.
Choice of Law
Question #22
Use of the court system's own mediators or arbitrators before going to trial
A.
Choice of Law
B.
Present worth doctrine
C.
Parallel Litigation
D.
Court-annexed ADR
Question #23
Return of, restoration of, or compensation for
A.
Notice of Claims Provision
B.
Laches
C.
Restitution
D.
Strict Liability
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.
Consequential Damages
C.
Incidental Damages
D.
Special Damages
Question #26
Neutral helps parties understand each others' positions and may suggest solutions, but agreement ultimately comes from the parties
A.
Damages
B.
Mediation
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.
Compensatory Damages
B.
Special Damages
C.
Consequential 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.
Special Damages
D.
Incidental 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.
Case in equity
B.
Legal Remedy
C.
Reformation
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.
Notice of Claims Provision
C.
Laches
D.
Restitution
Question #33
A chancery court can order acts performed
A.
Replevin
B.
Restitution
C.
Jurisdiction
D.
Chancery
Question #34
Contract granting the right to operate under a brand name
A.
Present worth doctrine
B.
Replevin
C.
Franchise
D.
Jurisdiction
Question #35
Parties give up the right to challenge arbitration result in court
A.
Binding Arbitration
B.
Damages
C.
Choice of Law
D.
Jurisdiction
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.
Special Damages
D.
Consequential Damages
Question #37
Award of money; also called Legal Remedy
A.
Damages
B.
Choice of Law
C.
e-discovery
D.
Case in equity
Question #38
Area within which judicial authority may be exercised
A.
Mediation
B.
Jurisdiction
C.
Case in equity
D.
e-discovery
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.
Case in equity
C.
Legal Remedy
D.
Chancery
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.
Mediation
C.
Incidental Damages
D.
Present worth doctrine
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