March 14 Exam Flashcards
IOLTA stands for
interest on lawyers trust account
Who get the IOLTA money in Texas?
Texas State Bar then to the indigent for legal assistance
What are the four elements of a negligence tort?
duty of reasonable care
breach of duty of reasonable care
injury to plaintiff
breach that caused injury to plaintiff
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?
“but for”
If that test fails, then what test does the court apply?
substantial factor test
Punitive damages are designed to
punish or penalize the defendant
Compensatory damages are divided into two categories
economic and non-economic
Punitive damages are sometimes called
exemplary damages
Someone who commits a tort is called a
tortfeasor
Negligence is a failure to exercise
duty of reasonable care
Landowners owe a duty of __________________ to people who are invited to come on their land.
ordinary care
Explain the Discovery Rule.
SoL begins when the plaintiff discovers the injury
Under what circumstances do merchant protection statutes apply?
reasonable suspicion to stop
detain for reasonable amount of time
reasonable investigation
_________________ is a complete defense to defamation.
Truth
If a defamatory statement is oral, it’s called _____________________. If it is written it is called _____________.
slander
libel
Proximate cause has to do with the _________________________ of the risk of the accident that caused the injury.
forseeability
Res Ipsa Loquitur means
the thing speaks for itself
Explain partial comparative negligence
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.
All parties in the chain of distribution are ____________________ for injuries caused by a defective product.
strictly liable
The unauthorized and offensive or harmful touching of someone may constitute the civil tort of
battery
The threat of immediate physical harm may constitute the civil tort of
assault.
Intentional confinement or restraint of another person without justification may constitute the civil tort of
false imprisonment
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
misappropriation of the right to publicity
IIED stands for
intentional infliction of emotional distress
Two broad categories of property are personal property and
real property.
An unintentional tort is called a
negligence tort
How an objective, careful, and conscientious person would have acted in the same circumstance is called the
reasonable person standard
Landowner liability depends on the status of the visitor. What are the three categories of visitors?
invitees, licensee, trespassor
Explain contributory negligence.
If the plaintiff is partially at fault for the injury, s/he cannot recover against the negligent defendant.
If you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that?
assumption of risk
What is the statute of limitation on a legal malpractice case?
4 years
What’s the difference between damage and damages, in terms of legal terminology?
Damages is monetary
Damage is physical injury or harm
Name three kinds of damages
punitive
compensatory
statutory
speculative
What are the two parties to a contract called?
offeror and offeree
A contract is a
legal agreement enforceable in a court of law
UCC stands for
Uniform Commercial Code
All contracts must have these 4 elements
Agreement
Consideration
Capacity
Lawful Object
A failure to perform under a contract is a
breach of contract
Consideration is a
bargained-for exchange
Why aren’t gratuitous promises enforceable?
there is no consideration
The three kinds of contracts covered by statute of frauds are
land purchases
goods more than $500
Contracts that cannot be completed in a year
What is required if the contract is covered by the statute of frauds?
contract must be in writing
A contract, in terms of which are either written or oral, is called an
express contract
MPOA stands for
Medical Power of Attorney
In Texas, ____witnesses must sign the will and they must be at least _____ years of age.
2
14
First and last names of the two parties in the mock trial
Patricia Wilkins
Linda Sabay
In the mock trial, on what date did the damage to the car take place?
9-21-2013
In the mock trial, what is the name of the law firm where both parties were working at the time of the incident?
Waterwall, Edwards, Widget, O’Connor, Ramirez, and Kwan
