“Rule 11” is part of the rules of procedure in civil court. This rule allows a trial court judge to:
A. Dismiss a juror who appears to be biased against one of the litigants.
B. Fine a lawyer whose conduct was reprehensible to be in contempt of court.
C. Fine a witness to be guilty of perjury.
D. Penalize a lawyer for filing a frivolous lawsuit by assessing a fine. Dismiss a case prior to the start of a trial for failure of the plaintiff to state a cause of action.
Answer: D. Penalize a lawyer for filing a frivolous lawsuit by assessing a fine. Dismiss a case prior to the start of a trial for failure of the plaintiff to state a cause of action.
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With regard to remedies for a breach of contract, which of the following is not a recognized form of monetary damages?
A) compensatory B) punitive C) nominal D) confiscatory
A company sells a software package to a purchaser. The package contains a licence agreement, which the purchaser does not see until she has paid for and received the package
The agreement, however, states that the purchaser may return the package if she does not accept the terms of the licence. If the purchaser keeps the software, is she bound by the terms of the licence agreement? A) No. The seller has not given any consideration for the buyer's promise to be bound by the agreement. B) Yes. Although there has been no consideration, the provision allowing return of the goods creates an exception recognized by the law to the requirement for consideration. C) No. The seller cannot unilaterally impose terms on the purchaser. The seller did not agree to the licence agreement when she purchased the package. D) The answer depends on the adequacy of the consideration which a court would find was given. E) The answer depends on whether the case is characterized as governed by the skrink-wrap rule or the click-wrap rule.