bus law exam 3
The role of a mediator is to:
hear the complaints of the parties and render an out-of-court decision.
LaVon contracts with Nathan for Nathan to sing at her comedy club every Friday night in July. The first Friday, the crowd loved Nathan. The second Friday, they booed him. The next week, Nathan got a better offer, so he hired his twin brother Ethan to fill in for him at LaVon's club. Can LaVon compel Nathan to perform?
Yes, she can compel him under the equitable remedy of specific performance.
What is the process of interviewing prospective jurors and either approving of or challenging a person's impartiality toward service on a particular jury?
in personam
Which branch of government has the authority to enact law?
judicial
A quantum meruit remedy is equivalent to:
the reasonable value of the agreement.
Evan offers to sell his 2016 John Deere Tractor to Jorge for $30,000. Jorge accepts and promises to meet Evan on Saturday to make the exchange. On Thursday, a fire on Evan's farm totally destroys the tractor. Jorge is upset, because the price of the tractor was really good, and he knows he cannot get another one for that price. If Jorge sues Evan for breach of contract, the likely result will be that:
Evan's performance under the contract will be excused due to impossibility of performance.
Danny hires Evelyn to install a swimming pool at Danny's home for $40,000, to be completed by June 1. Evelyn completes the job on time. When Danny inspects the pool, he discovers that Evelyn used a vinyl lining, and the contract called for a fiberglass lining. Danny refuses to pay Evelyn, stating that Evelyn breached the contract because the contract was not completed according to the specifications stated in the contract. If Evelyn sues Danny for the contract price:
Evelyn will probably receive the contract price less the cost to replace the pool liner with a fiberglass liner.
What is the difference between legal remedies and equitable remedies for breach of contract?
Legal remedies are monetary while equitable remedies are non-monetary.
Which of the following is an equitable remedy for breach of contract?
an order for specific performance
In contrast to federal courts, state courts have what kind of jurisdiction?
appellate
The federal and most state judicial branches have at least these three levels in the court system:
district, circuit, and appellate.
Manuel contracts to sell a painting that was painted by his deceased grandmother, then has a change of heart and decides to hang it in his own bedroom. He notifies Nadine, the person who had planned to buy it. Can Nadine have the contract enforced?
it can be enforced under the equitable remedy of specific performance.g
After all pleadings are filed and discovery is completed, a party may ask the judge to rule in their favor on the basis that there are no genuinely disputed facts and the judge need only rule on the law. The motion asks the court for a:
judgment on the pleadings.
When the parties in a dispute present their arguments and evidence to a neutral third party who then renders a decision, it is called:
mediation.
What is the principle that is applied to determine how much compensation a party receives in a quasi-contract settlement?
quantum meruit
Specific performance is a remedy which is always available in:
real estate contracts.
Shania offers to sell her lakefront property to Tonya for $150,000, and Tonya agrees to buy it. Tonya and Shania both sign the real estate contract, but, before they close the deal, Shania learns that a new resort is being opened on the lake. The opening of the resort will drive property prices up in the area, so Shania believes she can sell her property to someone else and get a better price on the deal. Shania tells Tonya that she has decided not to sell the property to Tonya. If Tonya sues to enforce the contract, a court will likely:
require Shania to go through with the sale.
Courts may reform a contract:
to reflect the parties' true intentions.
Rescission of a contract will:
transform unenforceable terms into enforceable ones.
Restitution is an appropriate remedy when: (Select three)
when the parties never had a contract, a contract has been breached, a contract has been rescinded.
What does venue refer to?
yes, geographic location of the court
What is a document called that is filed with the court to state the position of the plaintiff or the defendant in a lawsuit and ask for relief from the court?
yes, pleading
What are the three steps of a civil trial? Choose 3 answers.
yes, presentation of testimony and evidence, closing arguments, opening arguments
Otto orally agrees to install three wells for Green Space Energy over the next eighteen months. When the three wells are completed, Green Space Energy will pay Otto $10,000. After the first well is completed, Green Space Energy tells Otto that it does not want any more wells. Green Space Energy refuses to pay Otto for the first well, claiming that the contract was not in writing and, therefore, not enforceable. If Otto sues Green Space Energy to enforce the contract:
Green Space Energy will have to pay Otto a reasonable price for the one well that was installed.
