March 14 Exam Flashcards Preview

Paralegal Course > March 14 Exam > Flashcards

Flashcards in March 14 Exam Deck (48):
1

IOLTA stands for

interest on lawyers trust account

2

Who get the IOLTA money in Texas?

Texas State Bar then to the indigent for legal assistance

3

What are the four elements of a negligence tort?

duty of reasonable care
breach of duty of reasonable care
injury to plaintiff
breach that caused injury to plaintiff

4

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?

"but for"

5

If that test fails, then what test does the court apply?

substantial factor test

6

Punitive damages are designed to

punish or penalize the defendant

7

Compensatory damages are divided into two categories

economic and non-economic

8

Punitive damages are sometimes called

exemplary damages

9

Someone who commits a tort is called a

tortfeasor

10

Negligence is a failure to exercise

duty of reasonable care

11

Landowners owe a duty of __________________ to people who are invited to come on their land.

ordinary care

12

Explain the Discovery Rule.

SoL begins when the plaintiff discovers the injury

13

Under what circumstances do merchant protection statutes apply?

reasonable suspicion to stop
detain for reasonable amount of time
reasonable investigation

14

_________________ is a complete defense to defamation.

Truth

15

If a defamatory statement is oral, it's called _____________________. If it is written it is called _____________.

slander
libel

16

Proximate cause has to do with the _________________________ of the risk of the accident that caused the injury.

forseeability

17

Res Ipsa Loquitur means

the thing speaks for itself

18

Explain partial comparative negligence

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

19

All parties in the chain of distribution are ____________________ for injuries caused by a defective product.

strictly liable

20

The unauthorized and offensive or harmful touching of someone may constitute the civil tort of

battery

21

The threat of immediate physical harm may constitute the civil tort of

assault.

22

Intentional confinement or restraint of another person without justification may constitute the civil tort of

false imprisonment

23

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

misappropriation of the right to publicity

24

IIED stands for

intentional infliction of emotional distress

25

Two broad categories of property are personal property and

real property.

26

An unintentional tort is called a

negligence tort

27

How an objective, careful, and conscientious person would have acted in the same circumstance is called the

reasonable person standard

28

Landowner liability depends on the status of the visitor. What are the three categories of visitors?

invitees, licensee, trespassor

29

Explain contributory negligence.

If the plaintiff is partially at fault for the injury, s/he cannot recover against the negligent defendant.

30

If you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that?

assumption of risk

31

What is the statute of limitation on a legal malpractice case?

4 years

32

What's the difference between damage and damages, in terms of legal terminology?

Damages is monetary
Damage is physical injury or harm

33

Name three kinds of damages

punitive
compensatory
statutory
speculative

34

What are the two parties to a contract called?

offeror and offeree

35

A contract is a

legal agreement enforceable in a court of law

36

UCC stands for

Uniform Commercial Code

37

All contracts must have these 4 elements

Agreement
Consideration
Capacity
Lawful Object

38

A failure to perform under a contract is a

breach of contract

39

Consideration is a

bargained-for exchange

40

Why aren't gratuitous promises enforceable?

there is no consideration

41

The three kinds of contracts covered by statute of frauds are

land purchases
goods more than $500
Contracts that cannot be completed in a year

42

What is required if the contract is covered by the statute of frauds?

contract must be in writing

43

A contract, in terms of which are either written or oral, is called an

express contract

44

MPOA stands for

Medical Power of Attorney

45

In Texas, ____witnesses must sign the will and they must be at least _____ years of age.

2
14

46

First and last names of the two parties in the mock trial

Patricia Wilkins
Linda Sabay

47

In the mock trial, on what date did the damage to the car take place?

9-21-2013

48

In the mock trial, what is the name of the law firm where both parties were working at the time of the incident?

Waterwall, Edwards, Widget, O'Connor, Ramirez, and Kwan