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176. A judge will declare a mistrial if:
a. the jury reaches a verdict too quickly
b. the jury reaches a verdict after more than 3 days
c. the jury cannot reach a verdict
d. the jury pretends to reach a verdict
e. none of the other choices are correct
177. After a jury verdict has been presented, the losing party may ask the judge to overturn the verdict by requesting a:
a. judgment notwithstanding the verdict
b. motion for voir dire
c. special verdict
d. general verdict with interrogatories
e. none of the other choices
178. After a jury verdict has been presented, the losing party may ask the judge to overturn the verdict by requesting
a(n):
a. assertive judgment
b. motion for voir dire
c. special verdict
d. general verdict with interrogatories
e. none of the other choices
179. A motion for a directed verdict is when parties:
a. ask the judge to issue a favorable verdict that makes jury deliberation unnecessary
b. ask the judge to retry the trial
c. ask the jury to make a favorable decision
d. ask the jury to refuse to come to a verdict
e. none of the other choices are correct
180. A motion for judgment as a matter of law is when parties:
a. ask the judge to issue a favorable verdict that makes jury deliberation unnecessary
b. ask the judge to retry the trial
c. ask the jury to make a favorable decision
d. ask the jury to refuse to come to a verdict
e. none of the other choices are correct
181. If there is not legally sufficient evidence on which a jury could find for the other party, a party may make a:
a. motion for a directed verdict
b. motion for a dismissal verdict
c. motion for a stare decisis verdict
d. motion for a compensatory verdict
e. motion for a damages verdict
182. If there is not legally sufficient evidence on which a jury could find for the other party, a party may make a:
a. motion for judgment as a matter of law
b. motion for a dismissal verdict
c. motion for a stare decisis verdict
d. motion for a compensatory verdict
e. motion for a damages verdict
183. Rights are enforced and violations of rights are compensated by:
a. gifts
b. remedies
c. collateral
d. all of the other specific choices are correct
e. none of the other specific choices are correct
184. Remedies available in the U.S. legal system include:
a. punitive damages
b. compensatory damages
c. nominal damages
d. injunctions
e. all of the other options
185. Compensatory, punitive and nominal are all categories of:
a. monetary damage awards
b. equitable remedies
c. torts
d. bankruptcy
e. none of the other choices are correct
186. Compensatory damages are intended to:
a. give injured parties a sum of money to restore them to the economic position they were in before the injury
b. give injured parties more money than they had before the injury
c. give injured parties half of the sum of the money needed to restore them to the economic position they
were in before the injury
d. give injured parties a sum of money to restore them to the economic position they were in before the injury
plus an extra sum for the legal injury suffered
e. none of the other choices are correct
187. Damages intended to give injured parties enough money to restore them to the economic position they were in
before the injury are known as:
a. punitive damages
b. compensatory damages
c. nominal damages
d. all of the other specific choices are correct
e. none of the other specific choices are correct
188. Damages intended to give injured parties enough money to restore them to the economic position they were in
before the injury are known as:
a. punitive damages
b. conciliatory damages
c. nominal damages
d. all of the other specific choices are correct
e. none of the other specific choices are correct
189. A court may award compensatory damages. Those are damages that:
a. compensate the injured party for all medical expenses and lost wages only
b. the defendant anticipated in advance would cover plaintiff's medical expenses
c. place the injured party in the economic position she was in before the injury
d. can be implied from an injury
e. none of the other choices
190. In Naples v. Keystone Building and Development Corp. in which the Naples sued Keystone for the cost of
repairing major problems in the house Keystone built for the Naples, the state supreme court held that:
a. the Naples should be awarded the full amount necessary to restore them to the position they would have
been in had the contract been properly performed
b. the Naples need not be awarded the full amount necessary to restore them to the position they would have
been in had the contract been properly performed
c. the Naples should be awarded the half the amount necessary to restore them to the position they would have
been in had the contract been properly performed
d. the Naples should be awarded 20% of the full amount necessary to restore them to the position they would
have been in had the contract been properly performed
e. none of the other choices are correct
191. In Naples v. Keystone Building and Development Corp. in which the Naples sued Keystone for the cost of
repairing major problems in the house Keystone built for the Naples, the state supreme court held that:
a. since there was no contradiction of the expert witness's testimony regarding the cost of repairs, the Naples
should be compensated adequately for the damages caused by the defendants' breach of contract
b. since there was no contradiction of the expert witness's testimony regarding the cost of repairs, the Naples
should not be compensated adequately for the damages caused by the defendants' breach of contract
c. since there was a contradiction of the expert witness's testimony regarding the cost of repairs, the Naples
should not be compensated adequately for the damages caused by the defendants' breach of contract
d. since the defendant did not produce an expert witness, the Naples should be compensated adequately for the
damages caused by the defendants' breach of contract
e. none of the other choices are correct
192. Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:
a. punitive damages
b. liquidated damages
c. expectancy damages
d. compensatory damages
e. injunctive damages
193. Damages that may be awarded to a plaintiff because the defendant's conduct was willful or malicious are called:
a. punitive damages
b. exceptional damages
c. liquidated damages
d. injunctive damages
e. none of the other choices
194. damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the
future.
a. compensatory
b. punitive
c. exceptional
d. nominal
e. injunctive
195. damages are intended to punish the wrongdoer and discourage other from engaging in similar conduct in the
future.
a. compensatory
b. injunctive
c. exceptional
d. nominal
e. none of the other choices are correct
196. An Atlanta jury awarded $4.24 million compensatory damages to a family whose son was killed when his pickup
truck exploded. The jury also awarded the family an additional $100 million damages. The second award is known
as:
a. complicated damages
b. punitive damages
c. equitable damages
d. concurrent damages
e. none of the other choices
197. Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical
expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $50,000 is
called:
a. punitive damages
b. compensatory damages
c. nominal damages
d. an equitable remedy
e. none of the other choices
198. Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical
expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $100,000 is
called:
a. punitive damages
b. compensatory damages
c. nominal damages
d. an equitable remedy
e. none of the other choices
199. Ginger attacks Richard and cuts him with a knife. He sues Ginger. The jury awards Richard $50,000 for medical
expenses and lost time at work and adds $100,000 to the award because Ginger was so vicious. The $100,000 is
called:
a. extra damages
b. compensatory damages
c. nominal damages
d. an equitable remedy
e. none of the other choices
200. When damages are awarded for a violation that involves no actual damages to a person or property, the damages
are called:
a. punitive damages
b. trivial damages
c. nominal damages
d. equitable damages
e. compensatory damages
201. Nominal damages are damages that are awarded for:
a. a violation that involves no actual damages to a person or property
b. a violation that damages persons or property
c. a violation that causes someone to become very ill
d. a violation that does not break any laws
e. none of the other choices are correct
202. Which of the following is not a category of monetary damages?
a. compensatory
b. injunction
c. nominal
d. punitive
e. all of the other choices are monetary damages
203. In situations when monetary damages are not practical or effective, the court may order a remedy in equity. These
include:
a. punitive damages
b. conjunctions
c. specific performance
d. public flogging
e. none of the other choices
204. In situations when monetary damages are not practical or effective, the court may order a remedy in equity. These
include:
a. punitive damages
b. conjunctions
c. nominal damages
d. public flogging
e. none of the other choices
205. Specific performance is often a remedy in cases involving:
a. rare properties
b. lease payments
c. child support
d. murder
e. none of the other choices are correct
206. Megan signs a contract saying she will sell Scott a rare Pokemon card for $5000. She later refuses to sell the card.
Scott sues Megan and the court orders Megan to sell the card to Scott for $5000. This is an example of the
equitable remedy of:
a. specific price
b. specific compensation
c. specific cost
d. specific performance
e. specific adherence
207. Remedies involving specific performance are unlikely in cases involving:
a. personal performances
b. land sales
c. art sales
d. a rare baseball card
e. none of the other choices are correct
208. An example of an injunction is a court order directing someone to stop doing something. This is a part of:
a. nominal damages that courts may award
b. exemplary damages that courts may award
c. compensatory damages that courts may award
d. equitable remedies that courts may use
e. none of the other choices
209. If a court wants to prevent the destruction of evidence until a formal hearing can be held, it may order an injunction
such as a:
a. temporary restraining order
b. permanent restraining order
c. lasting restraining order
d. voir dire order
e. nominal order
210. When a court issues an ex parte temporary restraining order:
a. none of the parties are present
b. only the party requesting the order is present
c. both parties are present
d. only the defendant's attorney is present
e. none of the other choices are correct
211. Christy has many dealings in court. Which of the following court orders affecting her is not a remedy in equity?
a. a directive forcing her to send her children to school
b. a court order for her to stop harassing the mailman
c. instruction from the judge to not burn rubber tires in her backyard
d. the loss of her driver's license for driving under the influence of alcohol
e. all of the other choices are remedies in equity
212. Christy has many dealings in court. Which of the following court orders affecting her is not a remedy in equity?
a. a directive forcing her to send her children to school
b. a court order for her to stop harassing the mailman
c. instruction from the judge to not burn rubber tires in her backyard
d. an order to sell her house to a buyer as promised
e. all of the other choices are remedies in equity
213. When a court orders someone not to do something, this is known as:
a. a reformation
b. an injunction
c. restitution
d. specific compulsion
e. nominal performance
214. Specific performance refers to a remedy when the court:
a. requires the defendant to place the plaintiff back into the economic position they had before the injury in
question was inflicted
b. directs the defendant to stop doing certain activities
c. orders the defendant to do what he had promised the plaintiff he would do
d. orders the defendant to pay compensatory damages to the plaintiff
e. all of the other choices are correct
215. Luis, a highly talented painter, signs a contract to paint Mina's home, which is very unique and difficult to paint.
After one day, Luis decides the job is not worth it and leaves. Mina asks the court to force Luis to paint the house
as agreed. Mina is requesting:
a. injunctive relief
b. restitution of the contract
c. remission of the contract
d. specific performance of the contract
e. compensatory damages from Luis for failure to fulfill the contract
216. A preliminary injunction is usually in force until:
a. the dispute is resolved
b. the defendant posts bail
c. the plaintiff withdraws the suit
d. the plaintiff's attorney rescinds it
e. the defendant's attorney rescinds it
217. An interlocutory injunction is usually in force until:
a. the defendant's attorney rescinds it
b. the defendant posts bail
c. the plaintiff withdraws the suit
d. the plaintiff's attorney rescinds it
e. none of the other choices are correct
218. A preliminary injunction is also known as a(n):
a. dispute injunction
b. voir dire injunction
c. interlocutory injunction
d. final injunction
e. primary injunction
219. A preliminary injunction is also known as a:
a. dispute injunction
b. voir dire injunction
c. primary injunction
d. final injunction
e. none of the other choices are correct
220. Before issuing a preliminary or interlocutory injunction a court considers the following factor(s):
a. the parties' relative likelihood of success on the merits
b. the likelihood that the plaintiff will suffer an irreparable injury if the injunction is not granted
c. the balance of the equities
d. the public interest
e. all of the other choices are factors the court considers
221. An irreparable injury is:
a. one for which the payment of money would be insufficient to compensate the harmed party
b. one for which the medical bills would exceed the damages sought
c. one which cannot be foreseen
d. one which would cause mental, but not physical injury to the plaintiff
e. none of the other choices are correct
222. A permanent injunction is a(n):
a. temporary court order
b. initial court order, issued before the conclusion of the trial
c. final court order, issued after the conclusion of the trial or as part of a settlement agreement
d. lasting court order
e. final court order, issued before the conclusion of the trial
223. A final court order, issued after the conclusion of the trial or as part of a settlement agreement is a:
a. permanent injunction
b. final injunction
c. preliminary injunction
d. partial injunction
e. none of the other choices are correct
224. A final court order, issued after the conclusion of the trial or as part of a settlement agreement is a:
a. cogent injunction
b. final injunction
c. preliminary injunction
d. partial injunction
e. none of the other choices are correct
225. In Pre-Paid Legal Services v. Cahill, in which Pre-Paid sued for injunctive relief so Cahill could not work in
competition with Pre-Paid prior to trial, the district court held that:
a. Pre-Paid should be granted relief because it showed that it would suffer irreparable injury
b. Cahill should be granted relief because he could show that he would suffer irreparable injury from Pre-
Paid's action
c. Pre-Paid should not be granted relief because it could not show that it would suffer irreparable injury
d. Pre-Paid could not be granted relief because the suit was based on breach of contract, not a tort, as is
required for such relief
e. none of the other choices are correct
226. In Pre-Paid Legal Services v. Cahill, in which Pre-Paid sued for injunctive relief so it could prevent Cahill from
working in competition with it before trial, the district court reviewed the magistrate's recommendation to grant
Pre-Paid injunctive relief. The court noted that relief could be granted if Pre-Paid showed that without an
injunction it would suffer .
a. repairable injury
b. serious injury
c. loss of income
d. irreparable injury
e. none of the other choices are correct
227. In Pre-Paid Legal Services v. Cahill, in which Pre-Paid sued for injunctive relief so it could prevent Cahill from
working in competition with it before trial, the district court reviewed the magistrate's recommendation to grant
Pre-Paid injunctive relief. The court noted that relief could be granted if Pre-Paid showed that without an
injunction it would suffer
a. repairable injury
b. serious injury
c. loss of income
d. inescapable injury
e. none of the other choices are correct
228. Failure by the trial judge to admit or exclude certain evidence, improper instructions being given to the jury, and the
granting or denying of motions to dismiss the case are all:
a. bases for appeal
b. bases for summary judgment
c. bases for responsive judgment
d. bases for voir dire judgment
e. bases for ultimate judgment
