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
25. Two broad categories of property are personal property and __________________________________________.
Real Property
26
26. An unintentional tort is called a ___________________________________________.
negligence tort
27
27. How an objective, careful, and conscientious person would have acted in the same circumstance is called the ______________________________________.
reasonable person standard
28
28. Landowner liability depends on the status of the visitor. What are the three categories of visitors? ________________________, ________________________, _________________________
guest, licensee, trespasser
29
29. Explain contributory negligence: ___________________________________________ ______________________________________________________________________
If plaintiff is partially at fault for the injury cannot recover against negligent defendant
30
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
31. What is the statute of limitation on a legal malpractice case? ______________________
4 years
32
32. What is the difference between damage and damages, in terms of legal terminology? ________________________________________________ __________________________________
Damages are monetary and Damage is physical injury or harm
33
33. Name 3 kinds of damages: _________________________________________________.
Punitive, Compensatory, Statutory, Speculative
34
34. The person for whom a will is made, who will be signing the will, is called the ______________________________________.
testator
35
35. 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.
life estate
36
36. In Texas, what adjective precedes the word “Executor” in a will? ________________________________
independent
37
37. What kind of trust is created if there is a minor child who cannot inherit money until the age of 18? _____________________________________
contingent
38
38. What is the correct name for a No-Contest Clause? ___________________________
In Terrorum
39
39. A ________________________ prevents a person from assigning his interest in an inheritance to a third party.
spendthrift provision
40
40. What is the last page that’s attached to a will called? ______________________________
Self-proving affidavit
41
41. What does probate mean? _________________________________________
to prove or prove up a will
42
42. If the executor lives outside of Texas, what must be appointed? ___________________ ______________________________________________________________________
a registered agent for service of process
43
43. The correct name for a “living will” is a _____________________________________
directive to physician
44
44. A _________________________________________________________ appoints another person to handle your funeral & what happens to your body.
agent to control disposition of remains
45
45. Things like bank accounts and live insurance policies that pass outside the will are called ____________________________________________.
non probate assets
46
46. What is the statutorily correct name for a “common law” marriage in Texas? _________________________________________________________________
informal marriage
47
47. In the mock trial, what is the relationship between the person who was babysitting the defendant’s kids and the defendant? ________________________________________
Sister-in-law
48
48. In the mock trial, what are the names of the defendant’s twins? __________________________________________________________
Sean and Colin
49
49. 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? ________________________________________________
Vara v. CBS
50
50. In the mock trial, what body shop did the repairs on the plaintiff’s car? _________________________________________________________________
Body by Bobby
