| 1. |
Contract interpretation is always a question of law for the court to decide. |
True |
False |
| 2. |
In City of Hope v. Genentech, the California Supreme Court, for the first time, set the standard for determining whether a judge or jury should decide issues of contract interpretation. |
True |
False |
| 3. |
If there is no dispute about material extrinsic facts, a contract’s interpretation is a question of law for the court. |
True |
False |
| 4. |
Issues of fact are reviewed by an appellate court under a de novo standard. |
True |
False |
| 5. |
A dispute over the correct inferences to be drawn from a contract is an issue of law for the court. |
True |
False |
| 6. |
If there is a material conflict over the extrinsic evidence relevant to contract interpretation, the jury can interpret the contract. |
True |
False |
| 7. |
Contract interpretation issues can never be resolved via a motion for summary judgment. |
True |
False |
| 8. |
In City of Hope, the jury awarded damages totaling $300 million, and did so through a general verdict form. |
True |
False |
| 9. |
If contract interpretation is based on the credibility of conflicting extrinsic evidence, the decision will be reviewed under a highly deferential standard that makes it all but impossible to overturn the judgment. |
True |
False |
| 10. |
If what was said during a contract’s negotiation is in dispute, the issue of contract interpretation may be presented to a jury instead of a judge. |
True |
False |
| 11. |
The use of a dual procedure—with the jury resolving factual disputes followed by the court interpreting the contract—is up to the discretion of the trial judge. |
True |
False |
| 12. |
In City of Hope, the matters at stake were relatively minor. |
True |
False |
| 13. |
In Haworth v. Superior Court, the California Supreme Court indicated that mixed questions of law and fact usually should be reviewed under the de novo standard. |
True |
False |
| 14. |
One way to avoid presenting issues of contract interpretation to a jury is to include an arbitration clause in the contract. |
True |
False |
| 15. |
Another option is to provide in the contract that disputes will be decided by a judicial referee. |
True |
False |
| 16. |
If the plaintiff obtains a jury trial on contract interpretation issues, the defendant may find it advisable to request a special verdict form. |
True |
False |
| 17. |
If a jury has been allowed to interpret the contract, the appellant can request a de novo review on the grounds that the issue involves mixed questions of fact and law. |
True |
False |
| 18. |
Approved jury instructions for cases involving contract disputes provide some general principles of contract interpretation. |
True |
False |
| 19. |
Even if a jury delivers an adverse verdict in a contract interpretation case, it is relatively easy to persuade an appellate court to reverse. |
True |
False |
| 20. |
To get a contract interpretation issue before a jury, counsel should argue that there are factual disputes as to what the contract means. |
True |
False |