test 8 Flashcards
1
Q
- The two parties to a contract are called __________________________ and _________________________
A
offeror offeree
2
Q
- A contract is a (3 words) ______________________________________
A
legally enforceable contract
3
Q
- UCC stands for _____________________________________
A
Uniform Commercial Code
4
Q
- All contracts must have 4 elements: ___________________ ______________________, _____________________ and _________________________
A
Agreement, Consideration, Capacity, Lawful object
5
Q
- First and last names of the two parties in the mock trial: _______________________ _______________________________________
A
Patricia Wilkins Linda Sabay
6
Q
- In the mock trial, on what date did the damage to the car take place? ________________________________
A
09/21/12
7
Q
- In the mock trial, what is the name of the law firm where both parties were working at the time of the incident? ____________________________________
A
Waterwall, Edwards, Widget, O’Connor, Ramirez and Kwan
8
Q
- Consideration is a ________________________________________
A
Bargained-for exchange
9
Q
- Why aren’t gratuitous promises enforceable? _________________________________
A
they lack consideration
10
Q
- Three kinds of contracts covered by the statue of frauds are ____________________________, _____________________________, and ___________
A
Purchase of Land, Purchase of goods over $500, contract that takes more than a year to fulfill
11
Q
- BBB stands for ___________________________________
A
Better Business Bureau
12
Q
- On mail, RRR stands for ___________________________________
A
Return Receipt Requested
13
Q
- DRC stands for _________________________________________________
A
Dispute Resolution Center
14
Q
- If you get a judgment award in small claims court, when is the judgment final? ____________________________________________________
A
10 days
15
Q
- If it is not paid promptly, what should a consumer request the court to prepare? ___________________________________________
A
An abstract of judgment
16
Q
- What can the court issue that will allow the constable to seize and sell the defendant’s property? _____________________________
A
writ of execution
17
Q
- Three kinds of warranties ______________________, __________________________, and ____________________________________.
A
Express, Implied, Special Statutory
18
Q
- Of those three, which kind is the warranty booklet that came with my washing machine? __________________________________
A
Express
19
Q
- _______________________________________ is a guarantee that the buyer has the right to take the good free of claim from anyone else.
A
warranty of title
20
Q
- _______________________________________ guarantees that the thing is fit for the ordinary purpose for which goods of that kind are used.
A
warranty of merchantability
21
Q
- In a lease situation, a __________________________________________ guarantees that a place is suitable for living.
A
warranty of habitability
22
Q
- _____________________ guarantees that, if the seller knows that the buyer intends to use the goods in some specific way, the good must be fit for that purpose.
A
warranty of fitness for a particular purpose
23
Q
- _____________________guarantees that services are rendered in a competent, effective way so that the consumer gets the service for which s/he bargained.
A
warranty of good and workmanlike service
24
Q
- The Texas Lemon Law is an example of a ___________________ warranty.
A
special statutory
25
Q
- DTPA stands for _______________________________________________________.
A
Deceptive Trade Practices Act
26
Q
- Who does the DTPA protect? ______________________________________________________
A
consumers
27
Q
- How many days notice are required before filing suit under the DTPA? ________
A
60 days
28
Q
- Breach of the peace is synonymous with _____________________________.
A
disorderly conduct
29
Q
- Name one thing that Texas courts have considered to be a breach of the peace: _______________________________________________________
A
picking a lock
30
Q
- Does a creditor have to give me notice before a repossession? ________
A
no
31
Q
- If I manage to get my car back after the repossession, what is the word for that? ____________________________
A
redemption
32
Q
- Is there any way I have to keep paying for the car after it’s been repossessed? _________
A
yes
33
Q
- What law requires a business to give me notice of the reason for denial of credit? _________________________________________________________
A
Fair Credit Reporting Act
34
Q
- What law says that you can’t be denied credit based on gender, race, or age? _________________________________________________________
A
Equal Credit Opportunity Act
35
Q
- What Texas law limits the way in which a creditor can contact me? _______________________________________________________
A
Texas Debt Collection Act
36
Q
- What federal law does the same thing? _______________________________________________________
A
Federal Fair Debt Collection Practices Act
37
Q
- Can a debt collector garnish my paycheck for consumer debt? ______
A
no
38
Q
- PIP stands for ________________________________________________.
A
Personal Injury Protection
39
Q
- UM stands for ________________________________________________.
A
Uninsured/Under insured motorist
40
Q
- IOLTA stands for _____________________________________________.
A
Interest on Lawyers Trust Account
41
Q
- Who gets the IOLTA money in Texas? ____________________________
A
state bar
42
Q
- What are the four elements of a negligence tort?
A
Tortfeasor owed duty, breached duty, Plaintiff was injured, injury was result of breach
43
Q
- All parties in the chain of distribution are _______________ _______________ for injuries caused by a defective product.
A
strictly liable
44
Q
- The unauthorized and offensive or harmful touching of someone may constitute the civil tort of _______________________________________
A
battery
45
Q
- The threat of immediate physical harm may constitute the civil tort of _______________________________
A
assault
46
Q
- Explain the Discovery Rule:
A
begins when plaintiff discovers injury
47
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
48
Q
- What is the statute of limitation on a legal malpractice case? ____________
A
4 years
49
Q
- What’s the difference between damage and damages, in terms of legal terminology? ________________________________________________
A
damage is the injury or harm, damages is monetary
50
Q
- Name 3 kinds of damages: _______________________________________________
A
punitive, speculative, compensatory
