Remedies

Question 1

What is the primary purpose of legal remedies?

Answer 1

To compensate the injured party for losses incurred due to a breach of duty.

Question 2

True or False: Equitable remedies are available only when legal remedies are insufficient.

Answer 2

True

Question 3

Fill in the blank: A __________ is a court order requiring a party to perform a specific act, usually to fulfill a contractual obligation.

Answer 3

specific performance

Question 4

What type of remedy is damages?

Answer 4

Legal remedy

Question 5

Which of the following is NOT an equitable remedy? A) Injunction B) Specific Performance C) Compensatory Damages

Answer 5

C) Compensatory Damages

Question 6

What is an injunction?

Answer 6

A court order that prohibits a party from doing a specific act.

Question 7

True or False: Punitive damages are designed to punish the wrongdoer and deter future misconduct.

Answer 7

True

Question 8

What is the difference between legal and equitable remedies?

Answer 8

Legal remedies provide monetary compensation, while equitable remedies provide non-monetary solutions.

Question 9

Fill in the blank: __________ damages are intended to restore the injured party to the position they were in before the harm occurred.

Answer 9

Compensatory

Question 10

What is restitution?

Answer 10

Restoring the injured party to their original position or compensating them for losses.

Question 11

True or False: Equitable remedies can be granted at the discretion of the judge.

Answer 11

True

Question 12

What is the primary factor courts consider when granting equitable remedies?

Answer 12

The inadequacy of legal remedies.

Question 13

Fill in the blank: __________ is a remedy that restores property or rights to the rightful owner.

Answer 13

Replevin

Question 14

Which remedy allows a party to cancel a contract?

Answer 14

Rescission

Question 15

What are nominal damages?

Answer 15

A small amount of money awarded to recognize a legal wrong when no actual damage was done.

Question 16

True or False: Liquidated damages are predetermined amounts agreed upon in a contract.

Answer 16

True

Question 17

What does ‘clean hands doctrine’ refer to in equitable remedies?

Answer 17

The principle that a party seeking an equitable remedy must not have engaged in unethical behavior related to the issue.

Question 18

Fill in the blank: The __________ doctrine allows a court to deny equitable relief if the party seeking it has acted unfairly.

Answer 18

unclean hands

Question 19

What is the purpose of specific performance as an equitable remedy?

Answer 19

To compel a party to fulfill their contractual obligations.

Question 20

True or False: Equitable remedies are always available in every legal case.

Answer 20

False

Question 21

What is the standard of proof required for equitable remedies?

Answer 21

Preponderance of the evidence

Question 22

Fill in the blank: __________ are awarded when a plaintiff proves that they suffered losses due to the defendant’s actions.

Answer 22

Compensatory damages

Question 23

What does the term ‘equitable estoppel’ refer to?

Answer 23

A legal principle that prevents a party from arguing something contrary to a claim made or implied by their previous actions.

Question 24

True or False: A party can request both legal and equitable remedies in the same lawsuit.

Answer 24

True

Question 25

What is an example of a legal remedy?

Answer 25

Monetary damages

Question 26

Fill in the blank: __________ is an equitable remedy that prevents a party from taking certain actions.

Answer 26

Injunction

Question 27

Specific Performance is:

Answer 27

*Daylight Savings Is Feasibly Dumb* Definite and Certain Terms Satisfied conditions Inadequate Remedy At Law Feasibility of Enforcement No Defenses

Question 28

Permanent Injunction is:

Answer 28

*IFB = Is Feasibly Balanced* Inadequate Remedy At Law Feasibility of Enforcement Balance of Hardships

Question 29

TRO (troBIL) / Prelim Injunction is:

Answer 29

*troBIL = Balance Irreparable Likelihood* Balance of Hardships Irreparable harm Likelihood of Success Preliminary Injunction = BIL + Hearing

Question 30

Expectation Damages are:

Answer 30

Expectation of damages are to place the plaintiff party in the position they would have been had the breach of contract or tort occurred.

Question 31

Compensatory Damages are:

Answer 31

To compensate the plaintiff for the harm they have suffered. Compensatory harm occurs 1) general damage (non economic) and special damages (economic)

Question 32

Constructive Trust 🍌

Answer 32

Applicable where property that was wrongfully obtained results in unjust enrichment

Question 33

Laches

Answer 33

Laches is an equitable defense when too much time since has passed since Plaintiff knew of injury and is unreasonable and prejudicial to Defendant.

Question 34

Unclean Hands

Answer 34

Is an equitable defense where Plaintiff committed improper conduct related to present litigation.

Question 35

Restitution is:

Answer 35

Is the amount required to prevent unjust enrichment.