Attorney Fees Multiple Choice

Question 1

1. What is the English Rule for recovery of attorney fees?
   A. Each party pays its own fees
   B. Each party pays the fees of the other
   C. The winner of the lawsuit pays the fees of the loser
   D. The loser of the lawsuit pays the fees of the winner

Answer 1

D

Question 2

2. What is the American Rule for recovery of attorney fees?
   A Each party pays its own fees
   B. Each party pays the fees of the other
   C. The winner of the lawsuit pays the fees of the loser
   D. The loser of the lawsuit pays the fees of the winner

Answer 2

A

Question 3

3. A grocer sues a wholesaler for price fixing in violation of an unfair competition
   statute. The statute provides for an award of attorney fees to the prevailing party. In the lawsuit, the grocer seeks an injunction preventing the wholesaler from doing business in the state; restitution in the amount of $10,000,000; and compensatory damages in the amount of $20,000,0000. After trial, the court finds the wholesaler violated the statute but denies injunctive relief and restitution. The court awards the grocer damages in the amount of $30,000. The grocer moves for an order awarding it attorney fees. How is the court likely to rule?
   A. The motion will be granted because the grocer obtained affirmative relief and
   is therefore the prevailing party.
   B. The motion will be granted because the statute provides for prevailing party
   attorney fees.
   C The motion will be denied because the grocer will be deemed not a prevailing
   party.
   D. The motion will be denied because the grocer did not obtain all of the relief it
   initially sought.

Answer 3

C
Prevailing= accomplished objectives

Question 4

4. Which of the following things about attorney fee awards is most accurate?
   A. The trial judge has very broad discretion to determine who prevailed in
   litigation
   B. The amount of an attorney fee award is determined by the amount the
   prevailing party paid to attorneys during the litigation
   C. Attorney fees can be awarded only when a contract provides for it
   D. Attorney fees are typically an insignificant part of the overall expense of
   litigation

Answer 4

A

Question 5

5. How do courts typically calculate the amount of attorney fee awards?
   A. By determining the amount the prevailing party paid its attorneys during the
   litigation
   B. By determining the reasonable hourly rate for involved attorneys; the
   reasonable number of hours required to litigate the case; and then multiplying those numbers Lodestar method
   C. By estimating in good faith
   D. Using the amounts set by statute

Answer 5

B

Question 6

6. A woman sues a restaurant for disability discrimination. She seeks an injunction requiring the restaurant to renovate its premises so they are fully wheelchair accessible, and for damages in the amount of $50,000. After trial, the court awards only $10,000 in damages. It also denies the request for an injunction because the restaurant has already made the improvements for accessibility. The statute prohibiting disability discrimination the plaintiff sued under provides that the court shall award attorney fees to a prevailing plaintiff. The plaintiff moves for an award of attorney fees in the amount of $150,000 and the trial court grants the motion. The restaurant appeals the award of attorney fees. If the appellate court affirms the order awarding attorney fees, what is the most likely reason why?
   A. The statute provided for an award of attorney fees
   B. Attorney fee awards cannot be challenged on appeal
   C. The trial court has broad discretion to determine whether a party prevailed
   and to determine the appropriate amount of fees to award
   D. The plaintiff obtained affirmative relief and is therefore the prevailing party as
   a matter of law

Answer 6

C

Question 7

7. Where does entitlement to attorney fees come from?
   A. The common law
   B. The trial court’s discretion
   C. Contract or statute
   D. The American Rule

Answer 7

C

Question 8

8. Which of the following is a justification for allowing a prevailing party in litigation
   to recover attorney fees?
   A. To increase access to justice
   B. To avoid resolving disputes in court
   C. To fairly compensate attorneys
   D. To be consistent with the English Rule

Answer 8

A