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More Paralegal Review > Test 6 > Flashcards

Test 6 Flashcards

1
Q
  1. IOLTA stands for ___________________________________________________.
A

Interest on Lawyers Trust Account

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2
Q
  1. Who gets the IOLTA money in Texas? ___________________________________.
A

State Bar

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3
Q
  1. What are the four elements of a negligence tort?
A

Duty of Reasonable Care, Breach of Duty, Injury to Plaintiff, Breach caused injury

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4
Q
  1. What “test” requires that a plaintiff prove by a preponderance of that evidence that if it hadn’t been for the defendant’s negligent act, the plaintiff would not have been injured?
A

but for test

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5
Q
  1. If that test fails, then what test does the court apply? ____________________________________
A

substantial factor test

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6
Q
  1. Punitive damages are designed to _____________________________________
A

punish or penalize the defendant

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7
Q
  1. Compensatory damages are divided into two categories: _______________________________ and ______________________________
A

economic and non economic

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8
Q
  1. Punitive damages are sometimes called __________________________________
A

exemplary damages

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9
Q
  1. Someone who commits a tort is called a ________________________________
A

tortfeasor

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10
Q
  1. Negligence is a failure to exercise _____________________________________
A

Reasonable Care

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11
Q
  1. Landowners owe a duty of _________________________ to people who are invited to come on their land.
A

ordinary care

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12
Q
  1. Explain the Discovery Rule.
A

begins when plaintiff discovers injury

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13
Q
  1. Under what circumstances do merchant protection statutes apply?
A

Reasonable suspicion, Reasonable manner of Investigation, Detention is for reasonable amount of time

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14
Q
  1. _______________________ is a complete defense to defamation.
A

Truth

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15
Q
  1. If a defamatory statement is oral, it’s called __________________________. If it is written, it’s called ____________________________.
A

Slander Libel

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16
Q
  1. Proximate cause has to do with the _____________________________ of the risk of the accident that caused the injury.
A

foreseeability

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17
Q
  1. Res Ipsa Loquitor means _________________________________________.
A

The thing speaks for itself

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18
Q
  1. Explain partial comparative negligence.
A

Apportioned amount of fault assigned to each party. If plaintiff is shown to be over 50% then s/he receives nothing

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19
Q
  1. All parties in the chain of distribution are ____________ ________________ for injuries caused by a defective product.
A

strictly liable

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20
Q
  1. The unauthorized and offensive or harmful touching of someone may constitute the civil tort of ____________________________________.
A

battery

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21
Q
  1. The threat of immediate physical harm may constitute the civil tort of ________________________________.
A

assault

22
Q
  1. Intentional confinement or restraint of another person without justification may constitute the civil tort of ____________________________________.
A

false imprisonment

23
Q
  1. If someone uses my photo to sell their shampoo, and they don’t have my permission to do so, that may constitute the civil tort of ________________________________________
A

Misappropriation of the right to publicity

24
Q
  1. IIED stands for _________________________________________________________.
A

Intentional Infliction of emotional distress

25
Q
  1. Two broad categories of property are personal property and __________________________________________.
A

Real Property

26
Q
  1. An unintentional tort is called a ___________________________________________.
A

negligence tort

27
Q
  1. How an objective, careful, and conscientious person would have acted in the same circumstance is called the ______________________________________.
A

reasonable person standard

28
Q
  1. Landowner liability depends on the status of the visitor. What are the three categories of visitors? ________________________, ________________________, _________________________
A

guest, licensee, trespasser

29
Q
  1. Explain contributory negligence: ___________________________________________ ______________________________________________________________________
A

If plaintiff is partially at fault for the injury cannot recover against negligent defendant

30
Q
  1. If you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that? ____________________________________________________
A

assumption of risk

31
Q
  1. What is the statute of limitation on a legal malpractice case? ______________________
A

4 years

32
Q
  1. What is the difference between damage and damages, in terms of legal terminology? ________________________________________________ __________________________________
A

Damages are monetary and Damage is physical injury or harm

33
Q
  1. Name 3 kinds of damages: _________________________________________________.
A

Punitive, Compensatory, Statutory, Speculative

34
Q
  1. The person for whom a will is made, who will be signing the will, is called the ______________________________________.
A

testator

35
Q
  1. A _______________________ occurs when a spouse who owns a home as separate property dies, leaving behind another spouse who wants to continue to live in the house.
A

life estate

36
Q
  1. In Texas, what adjective precedes the word “Executor” in a will? ________________________________
A

independent

37
Q
  1. What kind of trust is created if there is a minor child who cannot inherit money until the age of 18? _____________________________________
A

contingent

38
Q
  1. What is the correct name for a No-Contest Clause? ___________________________
A

In Terrorum

39
Q
  1. A ________________________ prevents a person from assigning his interest in an inheritance to a third party.
A

spendthrift provision

40
Q
  1. What is the last page that’s attached to a will called? ______________________________
A

Self-proving affidavit

41
Q
  1. What does probate mean? _________________________________________
A

to prove or prove up a will

42
Q
  1. If the executor lives outside of Texas, what must be appointed? ___________________ ______________________________________________________________________
A

a registered agent for service of process

43
Q
  1. The correct name for a “living will” is a _____________________________________
A

directive to physician

44
Q
  1. A _________________________________________________________ appoints another person to handle your funeral & what happens to your body.
A

agent to control disposition of remains

45
Q
  1. Things like bank accounts and live insurance policies that pass outside the will are called ____________________________________________.
A

non probate assets

46
Q
  1. What is the statutorily correct name for a “common law” marriage in Texas? _________________________________________________________________
A

informal marriage

47
Q
  1. In the mock trial, what is the relationship between the person who was babysitting the defendant’s kids and the defendant? ________________________________________
A

Sister-in-law

48
Q
  1. In the mock trial, what are the names of the defendant’s twins? __________________________________________________________
A

Sean and Colin

49
Q
  1. In the mock trial, what is the name of the case that the plaintiff in the mock trial was working on when the incident happened? ________________________________________________
A

Vara v. CBS

50
Q
  1. In the mock trial, what body shop did the repairs on the plaintiff’s car? _________________________________________________________________
A

Body by Bobby

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