COB 218 Test 1 Questions with Correct Answers

COB 218 Test 1 Questions with Correct Answers 1-2 In this lawsuit, who is the plaintiff, and who is the defendant? - Answer-Arthur Rabe is the plaintiff. Xavier Sanchez is the defendant. Defendant - Answer-one against whom the lawsuit is brought Plaintiff - Answer-initiator of the lawsuit 1-2 If Rabe wants Sanchez to perform the contract as promised, what remedy should Rabe seek? - Answer-injuction, specific performance, rescission (remedy at equity) Injunction - Answer-directing a party to do or refrain from doing a particular act Specific performance - Answer-an order to perform what was promised Rescission - Answer-returning the parties to the positions that they held prior to the contract's formation Compensatory damages - Answer-cancellation of work before contract has ended Punitive damages - Answer-failure to complete all work by a deadline 1-2 Suppose that Rabe wants to cancel the contract because Sanchez fraudulently misrepresented the painting as an original Van Gogh when in fact it is a copy. In this situation, what remedy should Rabe seek? - Answer-remedy at equity 1-2 On appeal, which party will be the appellant and which party will be the appellee? - Answer-appellant - Sanchez appellee - Rabe Appellant - Answer-petitioner Appellee - Answer-respondent 1-6 What is common law? - Answer-body of law developed from custom or judicial decisions in English and US courts, not attributable to a legislature 1-6 What is civil law? - Answer-branch of law dealing with the definition and enforcement of all private or public rights, as opposed to criminal matters What is the common law tradition? - Answer-relies on precedent, meaning the judicial decisions that have already been made in similar cases What is a precedent? - Answer-a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar legal principles or facts When might a court depart from precedent? - Answer-should no longer be followed, simply incorrect, or technological/social changes have rendered the precedent inapplicable Remedies at law - Answer-limited to payments of money or property (including land) as damages Remedies in equity - Answer-available only when there is no adequate remedy at law