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More Paralegal Review > test 8 > Flashcards

test 8 Flashcards

1
Q
  1. The two parties to a contract are called __________________________ and _________________________
A

offeror offeree

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2
Q
  1. A contract is a (3 words) ______________________________________
A

legally enforceable contract

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3
Q
  1. UCC stands for _____________________________________
A

Uniform Commercial Code

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4
Q
  1. All contracts must have 4 elements: ___________________ ______________________, _____________________ and _________________________
A

Agreement, Consideration, Capacity, Lawful object

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5
Q
  1. First and last names of the two parties in the mock trial: _______________________ _______________________________________
A

Patricia Wilkins Linda Sabay

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6
Q
  1. In the mock trial, on what date did the damage to the car take place? ________________________________
A

09/21/12

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7
Q
  1. 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

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8
Q
  1. Consideration is a ________________________________________
A

Bargained-for exchange

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9
Q
  1. Why aren’t gratuitous promises enforceable? _________________________________
A

they lack consideration

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10
Q
  1. 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

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11
Q
  1. BBB stands for ___________________________________
A

Better Business Bureau

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12
Q
  1. On mail, RRR stands for ___________________________________
A

Return Receipt Requested

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13
Q
  1. DRC stands for _________________________________________________
A

Dispute Resolution Center

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14
Q
  1. If you get a judgment award in small claims court, when is the judgment final? ____________________________________________________
A

10 days

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15
Q
  1. If it is not paid promptly, what should a consumer request the court to prepare? ___________________________________________
A

An abstract of judgment

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16
Q
  1. What can the court issue that will allow the constable to seize and sell the defendant’s property? _____________________________
A

writ of execution

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17
Q
  1. Three kinds of warranties ______________________, __________________________, and ____________________________________.
A

Express, Implied, Special Statutory

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18
Q
  1. Of those three, which kind is the warranty booklet that came with my washing machine? __________________________________
A

Express

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19
Q
  1. _______________________________________ is a guarantee that the buyer has the right to take the good free of claim from anyone else.
A

warranty of title

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20
Q
  1. _______________________________________ guarantees that the thing is fit for the ordinary purpose for which goods of that kind are used.
A

warranty of merchantability

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21
Q
  1. In a lease situation, a __________________________________________ guarantees that a place is suitable for living.
A

warranty of habitability

22
Q
  1. _____________________ 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
  1. _____________________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
  1. The Texas Lemon Law is an example of a ___________________ warranty.
A

special statutory

25
Q
  1. DTPA stands for _______________________________________________________.
A

Deceptive Trade Practices Act

26
Q
  1. Who does the DTPA protect? ______________________________________________________
A

consumers

27
Q
  1. How many days notice are required before filing suit under the DTPA? ________
A

60 days

28
Q
  1. Breach of the peace is synonymous with _____________________________.
A

disorderly conduct

29
Q
  1. Name one thing that Texas courts have considered to be a breach of the peace: _______________________________________________________
A

picking a lock

30
Q
  1. Does a creditor have to give me notice before a repossession? ________
A

no

31
Q
  1. If I manage to get my car back after the repossession, what is the word for that? ____________________________
A

redemption

32
Q
  1. Is there any way I have to keep paying for the car after it’s been repossessed? _________
A

yes

33
Q
  1. What law requires a business to give me notice of the reason for denial of credit? _________________________________________________________
A

Fair Credit Reporting Act

34
Q
  1. What law says that you can’t be denied credit based on gender, race, or age? _________________________________________________________
A

Equal Credit Opportunity Act

35
Q
  1. What Texas law limits the way in which a creditor can contact me? _______________________________________________________
A

Texas Debt Collection Act

36
Q
  1. What federal law does the same thing? _______________________________________________________
A

Federal Fair Debt Collection Practices Act

37
Q
  1. Can a debt collector garnish my paycheck for consumer debt? ______
A

no

38
Q
  1. PIP stands for ________________________________________________.
A

Personal Injury Protection

39
Q
  1. UM stands for ________________________________________________.
A

Uninsured/Under insured motorist

40
Q
  1. IOLTA stands for _____________________________________________.
A

Interest on Lawyers Trust Account

41
Q
  1. Who gets the IOLTA money in Texas? ____________________________
A

state bar

42
Q
  1. 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
  1. All parties in the chain of distribution are _______________ _______________ for injuries caused by a defective product.
A

strictly liable

44
Q
  1. The unauthorized and offensive or harmful touching of someone may constitute the civil tort of _______________________________________
A

battery

45
Q
  1. The threat of immediate physical harm may constitute the civil tort of _______________________________
A

assault

46
Q
  1. Explain the Discovery Rule:
A

begins when plaintiff discovers injury

47
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

48
Q
  1. What is the statute of limitation on a legal malpractice case? ____________
A

4 years

49
Q
  1. 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
  1. Name 3 kinds of damages: _______________________________________________
A

punitive, speculative, compensatory

More Paralegal Review (18 decks)

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