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Test Bank for Introduction to Law and the Legal System, 11th Edition Frank August Schubert
Test Bank for Introduction to Law and the Legal

System, 11th Edition Frank August Schubert
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CHAPTER VII
Judicial Remedies
CHAPTER OBJECTIVES
1. Explain the important differences between equitable and common law relief.
2. Describe the function of each remedy.
3. Understand what an equitable maxim is and how it is used.
4. Identify and explain the three classes of injunctions.
5. Explain how compensatory, punitive, nominal, and liquidated damages differ.
TRUE/FALSE
1. Replevin and ejectment are equitable remedies in civil cases.
ANS: F REF: 226 OBJ: LO1
2. Ejectment is used to recover possession of land and damages for the unlawful retention of possession.
ANS: T REF: 226 OBJ: LO1
3. An injured party has no obligation to minimize damages.

4. Mental anguish and pain and suffering are examples of specific damages.
5. A court will uphold a liquidated damages clause regardless of the reasonableness of the amount.
6. Nominal damage clauses are found in some contracts and specify the sum due in the event a party
breaches a contract where the actual loss incurred is difficult to determine.
7. Punitive damages are generally not awarded in negligence cases.

ANS: T REF: 232, 233 OBJ: LO5
8. Injunctive relief is appropriate to prevent crime.

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tem for classroom use.
50 Chapter VII: Judicial Remedies
9. Today, most courts in the United States are empowered to grant both equitable or legal relief.
10. In America, the availability of equitable remedies is a matter for the jury.
11. An ex parte-injunction is granted without prior notice to the enjoined party.

12. Something is unconscionable when it “shocks the conscience of the court.”

ANS: T REF: 242, 243 OBJ: LO2
13. Delay resulting in a prejudicial change does not defeat equity.

14. In order for a court to grant specific performance, the plaintiff must have met a condition precedent.
15. Restitution involves restoring a person to a previous position to prevent unjust enrichment.
16. When a court awards a declaratory judgment, it orders a party to refrain from doing some
specific activity.
MULTIPLE CHOICE
1. Common law relief follows from an injury resulting from
a. a tortious act. c. either a tortious act or a breach of
contract.
b. a breach of contract. d. None of the above is correct.
ANS: C REF: 226 OBJ: LO1
2. Common law remedies differ from equitable remedies in that common law remedies
a. are the award of money damages.
b. require a party to take or refrain from taking some action.
c. are only awarded when the conscience of the court is shocked.
d. None of the above is correct.
ANS: A REF: 226 OBJ: LO1
Chapter VII: Judicial Remedies 51
3. The Hadleys ran a flourmill in Gloucester. The crankshaft attached to the steam engine in the mill
broke, causing the mill to shut down. The shaft had to be sent to a foundry located in Greenwich so
that the new shaft could be made to fit the other parts of the engine. Baxendale was a common carrier
that transported the shaft from Gloucester to Greenwich. The freight charges were collected and
Baxendale promised to deliver the shaft the following day. It was not delivered for a number of days,
however, and as a result, the mill was closed for those days. What will be the critical issue in
determining whether the Hadleys may recover their lost profits for the time the mill was closed?
a. If the damages were reasonably foreseeable by the defendant as a result of the breach and
if they can be established with a reasonable degree of certainty
b. If Baxendale committed a tort in breaching the contract
c. If restitution would be not be an appropriate equitable remedy
d. If the special damages were greater than the general damage
4. Joe Jones entered into a written contract with Smith Department Store to buy a television for $350.
Ten other stores in the area are selling the identical television for $400. Joe attempted to give Smith
Department Store the $350, but it refused to go through with the contract. Joe sued Smith Department
Store for breach of contract in a court that hears both equity and common law cases. Joe will
be awarded
a. specific performance. c. $350.
b. $400. d. $ 50.
ANS: D REF: 226 OBJ: LO5
5. Carl contracts to sell his house and lot to Winifred for $30,000. Winifred found a house she liked
better, so she breached the contract. Two weeks later Carl sold the house and lot to Barb for $25,000.
He sues Winifred for $5,000. What type of damages is Carl seeking?
a. Hedonic c. Compensatory
b. Punitive d. Nominal
6. Carl contracts to sell his house and lot to Winifred for $30,000. The terms of the contract call for
Winifred to pay 5 percent of the purchase price as a deposit toward the purchase price, or a down
payment. The terms further stipulate that should the buyer breach the contract, Carl will retain the
money as damages. What type of damages does this agreement exemplify?
a. Compensatory c. Nominal
b. Punitive d. Liquidated
7. When a judge wants to acknowledge that a legal wrong has occurred, even when there was no actual
harm, she would award
a. compensatory damages. c. nominal damages.
b. liquidated damages. d. both compensatory and liquidated
damages.
8. While camping with the family, Shannon was severely burned by ignited gasoline. Her father was
pumping the fuel tank on his Coleman stove when a stream of fuel, without warning, ejected through
the filler cap, crossed the campfire, ignited, and landed on Shannon, some 10 to 12 feet away. At trial,
experts testified that the design of a gas tank using a cap with a vent hole used by Coleman was
defective with respect to safety and that there were alternative cap designs that Coleman could have
utilized to accomplish ventilation of the tank without the cap having any of the vent-hole
characteristics. Furthermore, despite Coleman’s knowledge of the possibility of fuel spraying through
the vent hole of the filter cap, no warnings were on the product to advise users not to open the cap
except when the tank was level and not near a flame. Which of the following statements is true?
a. Because Coleman was negligent, Shannon may recover punitive damages.
b. Because Coleman was negligent, Shannon may recover exemplary damages.
c. If Coleman’s failure to warn was considered to be aggravated, wanton, reckless, malicious
or oppressive, then Shannon could recover punitive, or exemplary, damages.
d. Shannon cannot recover punitive damages because her cause of action is in tort and
punitive damages are only awarded for breach of contract.
9. A lives next door to B and plays loud music all night so that B gets little sleep. After repeated requests
to A to lower the volume, B sues A, asking for an injunction. The final decision of the court is in favor
of B. What kind of injunction would the court issue in its final decision?
a. Mandatory c. Preliminary
b. Prohibitory d. Temporary
10. Two neighboring families, the As and the Bs, wish to enlarge their garages. Because of a surveying
mistake, both believe that they are the rightful owners of a 3-foot strip of land that runs along the
border of their properties. Each family wants the land for its own garage. The As decide to take the
case to court. What would be the proper remedy?
a. A permanent prohibitory injunction to prevent the Bs from building on the land
b. Punitive damages to punish the Bs for trying to build on the land
c. A declaratory judgment to determine who owns the land
d. None of the above is true.
11. An order compelling the defendant to refrain from acting in a specified way is called a(n)
a. temporary restraining order (TRO). c. prohibitory injunction.
b. ex parte injunction. d. mandatory injunction.
12. Pet Ponderosa Memorial Gardens leased 10 acres of land from Memory Gardens to be used as a pet
cemetery. This land was adjacent to Memory Gardens’ human cemetery. As part of the lease, the pet
cemetery was allowed to use all available water each evening for two hours to develop and maintain its
landscaping. Then Memory Gardens abruptly cut off the water supply, and as a result the grass and the
other plants were in peril of dying. What remedy should Pet Ponderosa seek to stop Memory Gardens
from breaching its contract?
a. Restitution c. Injunction
b. Rescission d. Damages
13. An injunction that requires a court, before issuing it, to consider the likelihood of success on the merits
and the possibility of irreparable harm if it is not issued is known as a
a. mandatory or prohibitory injunction. c. preliminary injunction.
b. permanent injunction. d. TRO.
ANS: C REF: 234, 235 OBJ: LO4
14. Jeff moved to a new city and purchased a house. A few weeks after he moved into his new home, he
learned that it had been the scene of a gruesome murder and that local legend considered it haunted. As
these facts adversely affected the potential resale price of the house, he wishes to avoid his obligation
under the contract based on fraudulent misrepresentation. What remedy would he be seeking if he
wanted to set aside the contract for the sale of the house and recoup his purchase price?
a. Specific performance c. Liquidated damages
b. Rescission d. Injunctive relief
ANS: B REF: 239 OBJ: LO2
15. Which of the following is TRUE regarding rescission as a remedy?

a. It will not be granted if money damages would be adequate to compensate the
injured party.
b. It is never granted in contracts involving unique items of personal property.
c. It is granted frequently in contracts involving the sale of goods.
d. It is available for the enforcement of contracts for personal services.
16. The maxim of “coming into court with clean hands” is a requirement of
a. courts of equity. c. the tax courts.
b. the U.S. surgeon general. d. constitutional origin.
17. A enters into a contract for the sale of her house to B, to take place as soon as title can be conveyed.
However, she dies between execution of the contract and conveyance of the land. Equity declares that
B has a right to the house and A’s estate has a right to the purchase price. Which of the following
equitable maxims best supports this?
a. Equality is equity.
b. Equity follows law.
c. A person who seeks equity must do equity.
d. Equity regards as done that which should be done.
18. Which of the following ideas is reflected in an equitable maxim?

a. Clean hands c. Every wrong deserves a remedy.
b. Substance over form d. All of the above are correct.
19. How are equitable maxims used?

a. In lieu of statutory damages
b. As decision-making guides
c. To determine liquidated damages
20. Plaintiff alleged that the attendance policy at her school was unreasonable and that, notwithstanding
her unexcused absences, she was wrongfully denied a diploma. If it is established at trial that the
plaintiff frequently forged excuse notes and tried to deceive the school, then equitable relief may be
denied on the basis of
a. laches. c. unjust enrichment.
b. equity’s clean hands doctrine. d. the avoidable harm doctrine.
21. Specific performance is appropriate when

a. a plaintiff wants the contract to be specifically performed.
b. there is no adequate remedy at common law.
c. the defendant can’t afford monetary damages.
d. All of the above are correct.
22. Equitable defenses include

a. laches.
b. unclean hands.
c. hardship.
d. All of the above are correct.
23. In which of the following situations would specific performance be available as a remedy?
a. A contract for the sale of apples when the buyer breaches
b. A contract for the sale of a unique good when the seller breaches
c. A contract for the sale of a unique good when the buyer breaches
d. A contract for the sale of apples when the seller breaches
24. Laches is a(n)

a. equitable defense that is used to deny equitable relief where a plaintiff’s unreasonable
delay in bringing the action caused prejudicial harm to a defendant.
b. defense similar to the running of the applicable statute of limitations.
c. Both A and B are correct.
25. Archie Sparrow, a cowboy experienced in training horses, met a rancher and fellow rodeo rider, Chip
Morris, at a rodeo in Florida. After comparing notes on various rodeos, Morris offered Sparrow a job
for 16 weeks working on Morris’s ranch in Arkansas. Sparrow accepted, and as compensation, Morris
agreed to give Sparrow $400 and a brown horse named Kerro. When Sparrow first came to Morris’s
ranch, Kerro was practically unbroken. However, Sparrow worked with the horse during his spare
time, and by the time the 16 weeks were up, Kerro was well on his way to becoming a first-class riding
horse. Morris returned at the end of the 16 weeks and gave Sparrow a check for $400, but refused to
deliver the horse. Sparrow wants the horse. What remedy will he be seeking in court?
a. Specific performance c. Rescission
b. Injunctive relief d. Restitution
26. Restitution is designed to

a. prevent unjust enrichment.
b. avoid shocking the conscious of the court.
c. financially make a party whole.
27. Equity cases

a. have a constitutional right to a jury trial.
b. have no constitutional right to a jury trial.
c. have no constitutional right but the right has been inferred from court decisions.
ESSAY
1. Jean entered into a written contract for the purchase of a television set for $300 from Local
Department Store. The same model television was selling in all the other stores for $400. Assume that
Jean was ready and willing to pay the $300 contract price, but Local refused to convey the television
set to her. Jean sued for specific performance and, in the alternative, for money damages. Under the
circumstances, what relief is Jean entitled to? Explain thoroughly.
ANS: Answers may vary.

REF: 226 OBJ: LO2
Test Bank for Introduction to Law and the Legal System, 11th Edition Frank August Schubert
2. Mr. and Mrs. A, who own a farm, noticed that their cows were getting sick. They called a veterinarian,
who told them that the cows had ingested large amounts of an insecticide and that if they continued to
do so, they would die. At this point, the As realized that, because their land lay downhill from B’s and
B was spraying the land with insecticide, B was causing the problem. The As went to see B and
explained the problem, asking B to stop spraying or to find an alternative that will not hurt their cows.
B became indignant and said, “I’m not going to stop spraying. I hate those stupid cows and I hope they
do die.” Eventually, despite the A’s efforts, the cows died. The As buy new cows and sue B, asking for
compensatory and punitive damages at law and a prohibitory injunction in equity. Should the damages
be awarded? Can the As get an injunction in equity when they are also getting damages at law? Is an
injunction proper? If not, why?

REF: 234 OBJ: LO4
3. Give three examples of equitable maxims and explain thoroughly how each is used.

REF: 245 OBJ: LO3
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3. An injured party has no obligation to minimize damages.

7. Punitive damages are generally not awarded in negligence cases.

8. Injunctive relief is appropriate to prevent crime.

11. An ex parte-injunction is granted without prior notice to the enjoined party.

12. Something is unconscionable when it “shocks the conscience of the court.”

13. Delay resulting in a prejudicial change does not defeat equity.

15. Which of the following is TRUE regarding rescission as a remedy?

18. Which of the following ideas is reflected in an equitable maxim?

19. How are equitable maxims used?

21. Specific performance is appropriate when

22. Equitable defenses include

24. Laches is a(n)

26. Restitution is designed to

27. Equity cases

ANS: Answers may vary.

56 Chapter VII: Judicial Remedies

ANS: Answers may vary.

ANS: Answers may vary.

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