STUDY GUIDE 2026 FULL QUESTIONS AND
SOLUTIONS GRADED A+
◍ What does the Uniform Commercial Code (
U. C.
C. ) govern?.
Answer: Contracts for the sale of goods, but does not cover services
contracts.
◍ What is common law?.
Answer: Binding judicial decisions, also known as judicial precedent, that
influence future cases.
◍ In a trial court, who decides issues of fact?.
Answer: The jury (when present).
◍ Contracts V - Remedy for Breach - Calculate Reliance & Expectation
Interests.
Answer: Expectation: Contract Price minus Cost of Completion minus
Payments already received.Reliance: Expenditures made during
performance minus any costs/losses avoided.Relevance: Provides the exact
mathematical framework used in court to calculate damages for wrongful
termination.
◍ What is a Sole Proprietorship?.
Answer: A one-person business where the proprietor takes all profits and
losses.
◍ Public Law.
Answer: The part of law which deals with the relationship between
individuals and the government, and those laws which deal with the
, structure and operation of the government.
◍ Jury Trial.
Answer: A legal proceeding before a jury that makes decisions or findings
of fact, which the judge then applies to the law.
◍ Contracts V - Remedy for Breach - Different types of Interest.
Answer: Expectation interest seeks to give the non-breaching party the
benefit of the bargain; Reliance interest reimburses out-of-pocket costs;
Restitution interest forces the breaching party to return benefits received.
Relevance: Outlines what a contractor can sue for if an owner breaches the
contract.
◍ What is the primary focus of construction law?.
Answer: To govern the rights and obligations of parties involved in
construction projects, including contracts, employment, and liability.
◍ What delivery method involves collaborative companies working toward a
common goal?.
Answer: Integrated Project Delivery (IPD).
◍ What does 'This for That' mean in legal terms?.
Answer: Quid Pro Quo.
◍ Implied warranty of plans and specs.
Answer: the owner's implied warranty of the adequacy of plans and specs
furnished by the owner is great importance to the contractor, and the breach
of this warranty forms the basis for a large portion of contractor claims.
◍ What must be proven for promissory estoppel to apply?.
Answer: Objective reliance on the promise, reasonable foreseeability of
reliance, and prevention of injustice through enforcement.
◍ What is private law?.
Answer: Legally enforceable obligations created by a contract between
parties.
◍ What is a key characteristic of partnerships regarding profits?.
, Answer: Partners share profits and losses equally unless otherwise agreed.
◍ What is the legal conclusion that a contract could not be performed by any
contractor?.
Answer: Impossibility.
◍ What are the three forms of employment in construction law?.
Answer: Agency, Employment, and Independent Contractor.
◍ How does the federal government share power with state governments?.
Answer: Through areas like taxes, crime, labor relations, and worksite
safety.
◍ Enacted Law.
Answer: Law that has been formally passed by a legislative body, as
opposed to common law or judicial decisions.
◍ What is the relationship in an Agency?.
Answer: A principal hires an agent to act on their behalf.
◍ When one party sues another party for damages caused by negligence, what
is the injured party alleging about the professional practice or conduct of the
other party, for example an architect or a contractor?.
Answer: They will be held liable for negligence that results in injury
◍ Negligence (torts).
Answer: is the lack of due diligence or care
◍ Are Restatements legally binding?.
Answer: No, they have no official binding status unless adopted by a
legislature or a court.
◍ What is standard contract language reused across contracts?.
Answer: Boilerplate.
◍ What is the adversary system in the context of a trial?.
Answer: A system where both parties present their cases, and the truth is
expected to emerge from the competition.