Substantive Law & Legal Procedures Flashcards

Which equitable remedy compels a party to perform a specific act, typically used when monetary damages are inadequate?

Answer: Specific performance

Specific performance orders a breaching party to fulfill their contractual obligations, commonly used for unique goods or real property where money cannot adequately compensate the plaintiff.

Under FRCP Rule 26, which category of information must a party disclose automatically, without a formal discovery request?

Answer: Initial disclosures including witnesses and documents likely to support claims

FRCP Rule 26(a)(1) requires automatic initial disclosures of witnesses, documents, computation of damages, and insurance agreements without awaiting a discovery request.

In property law, what is a 'fee simple defeasible'?

Answer: A fee simple ownership that may be divested upon the occurrence or non-occurrence of a specified condition

A fee simple defeasible is a fee simple estate that can be terminated if a specified condition is violated, including fee simple determinable and fee simple subject to condition subsequent.

Under the Americans with Disabilities Act, an employer must provide a 'reasonable accommodation' unless doing so would cause:

Answer: Undue hardship on the employer's business operations

The ADA requires employers to provide reasonable accommodations for qualified individuals with disabilities unless the accommodation would impose an undue hardship on the employer.

Which type of business entity shields all of its owners from personal liability for business debts while allowing pass-through taxation?

Answer: Limited liability company (LLC)

An LLC provides limited liability protection for all members while offering pass-through taxation, avoiding the double taxation associated with C corporations.

In the law of evidence, the 'best evidence rule' (original document rule) requires that:

Answer: To prove the contents of a document, the original must be produced unless an exception applies

The best evidence rule (FRE 1002) requires that the original writing, recording, or photograph be produced to prove its contents, unless an exception under FRE 1003-1004 applies.

A contract clause that limits the amount of damages recoverable in the event of a breach is called a:

Answer: Limitation of liability clause

A limitation of liability clause caps the total damages a party can recover, while a liquidated damages clause pre-sets the amount of damages for a specific breach.