AAERT Exam UPDATED ACTUAL Questions and CORRECT Answers
Res judicata "the thing has been decided"
A term used to describe two cases that are almost identi-
On all fours
cal, with similar facts and legal issues.
A Latin phrase meaning "let the decision stand." Most cas-
stare decisis
es reaching appellate courts are settled on this principle.
Judicial Review The power of the courts to declare laws unconstitutional
writ of mandamus Court order directing an oflcial to perform an oflcial duty.
judge's ruling to end a lawsuit without a trial based on a
Summary Judgment
matter of law presented in pleadings
Statutory law Law passed by the U.S. Congress or state legislatures
customary law that develops from judges' decisions and is
Common law
followed in situations not covered by statutory law
An equitable remedy requiring the breaching party to
perform as promised under the contract; usually granted
Specific performance only when money damages would be an inadequate rem-
edy and the subject matter of the contract is unique (for
example, real property).
Pecuniary damages monetary compensation for losses that can be calculated
A form of compensatory damages that awards a sum of
money for specific, identifiable expenses associated with
Special damages
the injured person's loss, such as medical expenses or lost
wages.
damages exceeding simple compensation and awarded
Punitive damages to punish the defendant and to warn others not to follow
the same unwise course.
Principle is a basic rule, law, or doctrine. It refers to a law
Principles of law
or rule that has to be or usually is to be followed.
Res judicata "the thing has been decided"
A term used to describe two cases that are almost identi-
On all fours
cal, with similar facts and legal issues.
A Latin phrase meaning "let the decision stand." Most cas-
stare decisis
es reaching appellate courts are settled on this principle.
Judicial Review The power of the courts to declare laws unconstitutional
writ of mandamus Court order directing an oflcial to perform an oflcial duty.
judge's ruling to end a lawsuit without a trial based on a
Summary Judgment
matter of law presented in pleadings
Statutory law Law passed by the U.S. Congress or state legislatures
customary law that develops from judges' decisions and is
Common law
followed in situations not covered by statutory law
An equitable remedy requiring the breaching party to
perform as promised under the contract; usually granted
Specific performance only when money damages would be an inadequate rem-
edy and the subject matter of the contract is unique (for
example, real property).
Pecuniary damages monetary compensation for losses that can be calculated
A form of compensatory damages that awards a sum of
money for specific, identifiable expenses associated with
Special damages
the injured person's loss, such as medical expenses or lost
wages.
damages exceeding simple compensation and awarded
Punitive damages to punish the defendant and to warn others not to follow
the same unwise course.
Principle is a basic rule, law, or doctrine. It refers to a law
Principles of law
or rule that has to be or usually is to be followed.
