21-40

Question 1

Collateral Source Rule

Answer 1

If plaintiff recieves a benefit from someone other than defendant, defendant not allowed to introduce into evidence benefits received from collateral source.

Question 2

Pre-judgment Interest

Answer 2

Interest awarded on CLAIM from time it was originally due until judgment is made.

Question 3

Attorney’s Fees

Answer 3

Attorney’s fees not recoverable unless statute or contract provide for them.

Question 4

Quasi-Contract (LRR)

Answer 4

Legal Restitutionary Remedy, awarding plaintiff for reasonable value of defendants unjust enrichment.

Question 5

Quantum Meruit

Answer 5

Reasonable value of services.

Question 6

Quantum Valebant

Answer 6

Reasonable Value of goods and materials.

Question 7

Restitution (a.c.d)(LorE)

Answer 7

Alternative to Compensatory Damages. When defendant wrongfully obtained benefit /results in unjust enrichment. Legal or equitable.

Question 8

Ejectment

Answer 8

Action to recover possession of land by one claiming a right to possession.

Question 9

Replevin

Answer 9

Action to recover a thing rather than it’s value.

Question 10

Detinue

Answer 10

Common law action to recover property wrongfully taken or withheld from another.

Question 11

Waiver of Tort and Suit in Assumpsit

Answer 11

Quasi-contact remedy is sought as an alternative to Compensatory Damages.

Question 12

Constructive Trust (E.R.R)

Answer 12

Equitable Restitutionary Remedy, Trust created when defendants retention of property results in unjust enrichment. 1) defendant must have title to property involved 2) defendant unjustly enriched 3) legal remedy inadequate

Question 13

Resulting Trust

Answer 13

Trust arising by implication of law.

Question 14

Equitable Lien (E.R.R.)

Answer 14

Equitable Restitutionary Remedy. Lein is equitable charge on property imposed by law /to prevent unjust enrichment.1) Used to secure a debt owed, 2) can be foreclosed or 3) property sold to satisfy claim.

Question 15

Equitable Conversion

Answer 15

Purchaser becomes equitable owner of title to property when he/ signs a contract to purchase land.

Question 16

Injuction

Answer 16

Order by a court directing a person to act or not to act in a specific way. Legal remedy is inadequate.

Question 17

Temporary Restaining Order

Answer 17

An Injuction given ex parte(w/o notice) where there’s no time to get preliminary Injuction. Effective till hearing to show cause is held.

Question 18

Preliminary Injuction

Answer 18

An Injuction given after a hearing to show cause has been held and effective until a final judgment is rendered by court.

Question 19

Permanent Injunction

Answer 19

Injuction that settles rights and duties of parties and effective until dissolved by court.

Question 20

Mandatory Injunction

Answer 20

An Injuction, requiring an affirmative act.