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| 1 | |
A party seeking an injunction does not need to show that there is a likelihood that he/she will succeed and that the harm will be immediate and irreparable should the adverse party have the opportunity to act. |
| | A) | True |
| | B) | False |
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| 2 | |
To obtain an order for specific performance, the contract must be very clear as to the act to be compelled. The standard of proof for specific performance is greater than that of obtaining damages at law. |
| | A) | True |
| | B) | False |
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| 3 | |
Even if a defendant is faced with undue hardship, oppression, or injustice, the court can never refuse to order specific enforcement. |
| | A) | True |
| | B) | False |
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| 4 | |
Quantum meruit is the earned value of services provided by a party. |
| | A) | True |
| | B) | False |
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| 5 | |
Under the doctrine of "clean hands," mistakes, omissions, and other intended consequences that may, in reality, turn out to be unfair are considered "unclean" for equitable purposes. |
| | A) | True |
| | B) | False |
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| 6 | |
A court order that prohibits a party from acting in a certain way for a limited period of time is a(n): |
| | A) | judgment. |
| | B) | minute order. |
| | C) | session log. |
| | D) | temporary injunction. |
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| 7 | |
When the court balances the potential harm to the plaintiff to the harm that a restraint may cause to the defendant, it is often referred to as: |
| | A) | harmful but necessary |
| | B) | a judgment |
| | C) | "balancing the equities" |
| | D) | status quo |
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| 8 | |
_________________ is the retention by a part of unearned and undeserved benefits derived from his/her own wrongful actions. |
| | A) | Unjust enrichment |
| | B) | Performance judgment |
| | C) | Preliminary assessment |
| | D) | Court order |
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| 9 | |
A court order that requires a party to refrain from acting in a certain way to prevent harm to the other party is a(n) _____________________. |
| | A) | remedy |
| | B) | injunction |
| | C) | restitution |
| | D) | reformation |
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| 10 | |
_______________________ is an order of the Court that "rewrites" the agreement to reflect the actual performances of the parties where there has been some deviation from the contractual obligations. |
| | A) | Remedy |
| | B) | Injunction |
| | C) | Restitution |
| | D) | Reformation |
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