Example Test Bank MISC

Question 1

The principal areas of exclusive federal jurisdiction

Answer 1

• Admiralty
• Bankruptcy
• Patent and copyright
• Actions involving the United States
• Violations of federal criminal statues

Question 2

Which legal process is used to uncover information in the hands of the other party

Answer 2

Discovery

Question 3

LLC (Limited Liability Company)

Answer 3

a hybrid containing tax benefits of a partnership with the limited liability protections of a corporation

Question 4

Workers’ Compensation

Answer 4

employees are guaranteed compensation without regard to fault, and cannot sue their employer in tort

Question 5

Every contract must satisfy __ conditions to be enforceable

Answer 5

• An agreement between parties.
• Consideration.
• Formal requirements must be met.
• Promisor and a promisee.
• Offeror makes an offer to offeree.

Question 6

Promissory Estoppel

Answer 6

makes a promise binding on the promisor

Question 7

Exculpatory clauses

Answer 7

shields protected party from liability of own negligence

Question 8

Liquidated damages

Answer 8

amount to cover damages incurred by the owner, from contractors failure to complete the work on time

Question 9

Lost Profits

Answer 9

money lost because project was not completed on time.

Question 10

The types of judicial remedies for contract breach

Answer 10

1. Money award – judgments that state the defendant owes an amount of money.
2. Specific performance – judgments that order the defendant to do something
3. Injunction – judgments that specifically order the defendant to stop doing something.
4. Declaratory judgment –judgments that declare the parties’ contract rights.

Question 11

The primary options a court judgment seeks to do when it grants compensatory damages to an injured party

Answer 11

• Put the injured party in position, had there been no breach.
• Restore the injured party to position before performance.
• Prevent unjust enrichment.

Question 12

The Tort actions applicable to the construction industry

Answer 12

• Negligence
• Misrepresentation
• Interference with contract
• Premises liability
• Liability of one who hires an independent contractor
• Products liability

Question 13

The elements that a plaintiff must prove in order to establish a claim of negligence.

Answer 13

• The defendant owed a duty
• The defendant did not conform to required Standard of Conduct
• Casual connection between conduct and injury
• Defendant invaded a legally protected interest

Question 14

The types of remedies for tort

Answer 14

1. Compensatory Damages - compensate the plaintiff for the loss
2. Punitive Damages - conduct that is intentional and deliberate

Question 15

The principal functions of Tort Law

Answer 15

• To compensate victims
• To deter unsafe conduct
• To protect social norms
• To provide dispute

Question 16

According to Tort law, who is the legal possessor of the job site during construction?

Answer 16

The prime contractor.