Under what circumstances might it be appropriate to bring a declaratory judgment action?
What will be an ideal response?
In a declaratory judgment action the court renders an opinion with respect to a matter of law or with regard to the rights of the parties, but orders no action to be taken. Such an action can serve both defensive as well as offensive purposes. Offensively, a declaratory judgment action can serve to determine that no coverage exists and that the insurer need not defend or compensate its insured. Defensively, such an action allows a carrier to dispute coverage, as well as to go before a court hoping that the potential for a bad faith claim will be minimized by its efforts to obtain a judicial determination of its position.
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Which is not a cost-benefit analysis factor?
A) The probability of winning or losing. B) The lawyer's fees and other litigation costs. C) The facts of the case are curious. D) The unpredictability of the legal system.
Which of the following statements isnottrue of liquidated damages?
A. They must be reasonably related to the damages that may be suffered if the contract is not fulfilled. B. They may not be designed to serve as a penalty to deter a party from breaching a contract. C. They are a form of compensatory damages. D. They may be designed to serve as a penalty to deter a party from breaching a contract.
Which of the following is not true about an externship?
A. They may be as short as 1-2 days B. You have the opportunity to observe work in a particular type of law C. You might be able to get your foot in the door for an internship D. None of these
Which of the following is included in the citation of a published decision??
A. ?The name of the case B. ?The volume number C. ?The abbreviated name of the book in which the case is located D. ?The year E. ?All of these choices are correct.