Test 6 Flashcards
1
Q
- IOLTA stands for ___________________________________________________.
A
Interest on Lawyers Trust Account
2
Q
- Who gets the IOLTA money in Texas? ___________________________________.
A
State Bar
3
Q
- What are the four elements of a negligence tort?
A
Duty of Reasonable Care, Breach of Duty, Injury to Plaintiff, Breach caused injury
4
Q
- 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
5
Q
- If that test fails, then what test does the court apply? ____________________________________
A
substantial factor test
6
Q
- Punitive damages are designed to _____________________________________
A
punish or penalize the defendant
7
Q
- Compensatory damages are divided into two categories: _______________________________ and ______________________________
A
economic and non economic
8
Q
- Punitive damages are sometimes called __________________________________
A
exemplary damages
9
Q
- Someone who commits a tort is called a ________________________________
A
tortfeasor
10
Q
- Negligence is a failure to exercise _____________________________________
A
Reasonable Care
11
Q
- Landowners owe a duty of _________________________ to people who are invited to come on their land.
A
ordinary care
12
Q
- Explain the Discovery Rule.
A
begins when plaintiff discovers injury
13
Q
- Under what circumstances do merchant protection statutes apply?
A
Reasonable suspicion, Reasonable manner of Investigation, Detention is for reasonable amount of time
14
Q
- _______________________ is a complete defense to defamation.
A
Truth
15
Q
- If a defamatory statement is oral, it’s called __________________________. If it is written, it’s called ____________________________.
A
Slander Libel
16
Q
- Proximate cause has to do with the _____________________________ of the risk of the accident that caused the injury.
A
foreseeability
17
Q
- Res Ipsa Loquitor means _________________________________________.
A
The thing speaks for itself
18
Q
- 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
19
Q
- All parties in the chain of distribution are ____________ ________________ for injuries caused by a defective product.
A
strictly liable
20
Q
- The unauthorized and offensive or harmful touching of someone may constitute the civil tort of ____________________________________.
A
battery
21
Q
- The threat of immediate physical harm may constitute the civil tort of ________________________________.
A
assault
22
Q
- Intentional confinement or restraint of another person without justification may constitute the civil tort of ____________________________________.
A
false imprisonment
23
Q
- 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
- IIED stands for _________________________________________________________.
A
Intentional Infliction of emotional distress
25
Q
- Two broad categories of property are personal property and __________________________________________.
A
Real Property
26
Q
- An unintentional tort is called a ___________________________________________.
A
negligence tort
27
Q
- How an objective, careful, and conscientious person would have acted in the same circumstance is called the ______________________________________.
A
reasonable person standard
28
Q
- Landowner liability depends on the status of the visitor. What are the three categories of visitors? ________________________, ________________________, _________________________
A
guest, licensee, trespasser
29
Q
- Explain contributory negligence: ___________________________________________ ______________________________________________________________________
A
If plaintiff is partially at fault for the injury cannot recover against negligent defendant
30
Q
- 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
- What is the statute of limitation on a legal malpractice case? ______________________
A
4 years
32
Q
- 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
- Name 3 kinds of damages: _________________________________________________.
A
Punitive, Compensatory, Statutory, Speculative
34
Q
- The person for whom a will is made, who will be signing the will, is called the ______________________________________.
A
testator
35
Q
- 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
- In Texas, what adjective precedes the word “Executor” in a will? ________________________________
A
independent
37
Q
- 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
- What is the correct name for a No-Contest Clause? ___________________________
A
In Terrorum
39
Q
- A ________________________ prevents a person from assigning his interest in an inheritance to a third party.
A
spendthrift provision
40
Q
- What is the last page that’s attached to a will called? ______________________________
A
Self-proving affidavit
41
Q
- What does probate mean? _________________________________________
A
to prove or prove up a will
42
Q
- If the executor lives outside of Texas, what must be appointed? ___________________ ______________________________________________________________________
A
a registered agent for service of process
43
Q
- The correct name for a “living will” is a _____________________________________
A
directive to physician
44
Q
- A _________________________________________________________ appoints another person to handle your funeral & what happens to your body.
A
agent to control disposition of remains
45
Q
- Things like bank accounts and live insurance policies that pass outside the will are called ____________________________________________.
A
non probate assets
46
Q
- What is the statutorily correct name for a “common law” marriage in Texas? _________________________________________________________________
A
informal marriage
47
Q
- 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
- In the mock trial, what are the names of the defendant’s twins? __________________________________________________________
A
Sean and Colin
49
Q
- 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
- In the mock trial, what body shop did the repairs on the plaintiff’s car? _________________________________________________________________
A
Body by Bobby
