March 14 Exam

Question 1

IOLTA stands for

Answer 1

interest on lawyers trust account

Question 2

Who get the IOLTA money in Texas?

Answer 2

Texas State Bar then to the indigent for legal assistance

Question 3

What are the four elements of a negligence tort?

Answer 3

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

Question 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?

Answer 4

“but for”

Question 5

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

Answer 5

substantial factor test

Question 6

Punitive damages are designed to

Answer 6

punish or penalize the defendant

Question 7

Compensatory damages are divided into two categories

Answer 7

economic and non-economic

Question 8

Punitive damages are sometimes called

Answer 8

exemplary damages

Question 9

Someone who commits a tort is called a

Answer 9

tortfeasor

Question 10

Negligence is a failure to exercise

Answer 10

duty of reasonable care

Question 11

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

Answer 11

ordinary care

Question 12

Explain the Discovery Rule.

Answer 12

SoL begins when the plaintiff discovers the injury

Question 13

Under what circumstances do merchant protection statutes apply?

Answer 13

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

Question 14

_________________ is a complete defense to defamation.

Answer 14

Truth

Question 15

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

Answer 15

slander

libel

Question 16

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

Answer 16

forseeability

Question 17

Res Ipsa Loquitur means

Answer 17

the thing speaks for itself

Question 18

Explain partial comparative negligence

Answer 18

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.

Question 19

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

Answer 19

strictly liable

Question 20

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

Answer 20

battery

Question 21

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

Answer 21

assault.

Question 22

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

Answer 22

false imprisonment

Question 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

Answer 23

misappropriation of the right to publicity

Question 24

IIED stands for

Answer 24

intentional infliction of emotional distress

Question 25

Two broad categories of property are personal property and

Answer 25

real property.

Question 26

An unintentional tort is called a

Answer 26

negligence tort

Question 27

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

Answer 27

reasonable person standard

Question 28

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

Answer 28

invitees, licensee, trespassor

Question 29

Explain contributory negligence.

Answer 29

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

Question 30

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

Answer 30

assumption of risk

Question 31

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

Answer 31

4 years

Question 32

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

Answer 32

Damages is monetary

Damage is physical injury or harm

Question 33

Name three kinds of damages

Answer 33

punitive
compensatory
statutory
speculative

Question 34

What are the two parties to a contract called?

Answer 34

offeror and offeree

Question 35

A contract is a

Answer 35

legal agreement enforceable in a court of law

Question 36

UCC stands for

Answer 36

Uniform Commercial Code

Question 37

All contracts must have these 4 elements

Answer 37

Agreement
Consideration
Capacity
Lawful Object

Question 38

A failure to perform under a contract is a

Answer 38

breach of contract

Question 39

Consideration is a

Answer 39

bargained-for exchange

Question 40

Why aren’t gratuitous promises enforceable?

Answer 40

there is no consideration

Question 41

The three kinds of contracts covered by statute of frauds are

Answer 41

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

Question 42

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

Answer 42

contract must be in writing

Question 43

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

Answer 43

express contract

Question 44

MPOA stands for

Answer 44

Medical Power of Attorney

Question 45

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

Answer 45

2

14

Question 46

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

Answer 46

Patricia Wilkins

Linda Sabay

Question 47

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

Answer 47

9-21-2013

Question 48

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

Answer 48

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