Nov. 19 Test - Contracts, Torts, Wills

Question 1

IOLTA

Answer 1

Interest on lawyer’s trust account

Question 2

If a defamatory statement is oral, it’s called ____.

Answer 2

slander

Question 3

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

Answer 3

foreseeability

Question 4

Who gets the IOLTA money in Texas?

Answer 4

Texas State Bar

Question 5

If a defamatory statement is written it is called

Answer 5

libel

Question 6

What are the 4 elements of a negligence tort?

Answer 6

1. Duty
2. Breach of Duty
3. Plaintiff injured
4. Injury caused by the breach

Question 7

When trying to determine the cause-in-fact in a negligence suit, the court will use the ____ test. If that test fails, courts will use the ___ test.

Answer 7

“but for” test

substantial factor

Question 8

Compensatory damages are divided into two categories

Answer 8

economic

non-economic

Question 9

Punitive damages are sometimes called

Answer 9

exemplary damages

Question 10

Someone who commits a tort is called a

Answer 10

tortfeasor

Question 11

Negligence is a failure to exercise

Answer 11

duty of reasonable care

Question 12

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

Answer 12

ordinary care

Question 13

Res Ipsa Loquitur

Answer 13

the thing speaks for itself

Question 14

Explain partial comparative negligence

Answer 14

In Texas, called proportionate negligence.

still apportioned by fault, but if plf’s share of fault is 50% or more , plf takes nothing

Question 15

Punitive damages are designed to

Answer 15

punish the defendant

Question 16

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

Answer 16

STRICTLY liable

Question 17

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

Answer 17

battery

Question 18

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

Answer 18

assault

Question 19

false imprisonment

Answer 19

the intentional confinement or restraint of another person without justification or restraint

Question 20

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 20

misappropriation of the right to publicity

Question 21

I.I.E.D.

Answer 21

Intentional Infliction of Emotional Distress

Question 22

Two broad categories of property are ___ and ____.

Answer 22

personal property

real property

Question 23

An unintentional tort is called a

Answer 23

negligence tort

Question 24

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

Answer 24

reasonable person standard

Question 25

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

Answer 25

- invitees - trespassor - licenseee

Question 26

Explain the Discovery Rule

Answer 26

SOL begins when the plaintiff discovers the injury

Question 27

Under what circumstances do merchant protection statutes apply?

Answer 27

- a reasonable investigation is conducted in reasonable manner - held for a reasonable amount of time - reasonable suspicion to stop

Question 28

Explain contributory negligence.

Answer 28

Damages apportioned according to fault, if plaintiff has contributed no damage will be awarded

Question 29

____ is a complete defense to defamation.

Answer 29

Truth

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 the 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

Damage is physical harm | Damages is monetary

Question 33

Name three kinds of damages.

Answer 33

Punitive Statutory Compensatory 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

- Contract of land purchases - Contract of 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

Lakshmi Achari, plf | Chris Lonvick, deft

Question 47

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

Answer 47

Sunday, September 21, 2014

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

Question 49

a tort is a

Answer 49

civil wrong

Question 50

If I intend to hit one person, but accidentally hit another instead, the Doctrine of ____ may apply

Answer 50

transferred intent

Question 51

If someone attempts to use my name or personality commercially without my permission, that may be the tort of ____, and if I sued them over that, what two things might I be entitled to get?

Answer 51

misappropriation of the right to publicity recover unauthorized profits and obtain an injunction

Question 52

If a person's extreme and outrageous conduct intentionally causes severe emotional distress to someone else, that might be

Answer 52

Intentional infliction of Emotional Distres

Question 53

___ is interference with an owner's right to exclusive possession of land.

Answer 53

Trespass to land

Question 54

The failure to exercise ordinary care is called

Answer 54

breach

Question 55

Invitees and licensees are owed a duty of

Answer 55

ordinary care.

Question 56

The statute of limitations for personal injury claims (Meld malpractice) is ___ years, and the statute of limitations for legal malpractice claims is ____ years.

Answer 56

2 years for PI or meld malpractice | 4 years for legal malpractice

Question 57

___ damages are sometimes called actual damages, and they are often divided into ___ and ___.

Answer 57

Compensatory economic non-economic

Question 58

_____ damages are sometimes called future damages.

Answer 58

speculative

Question 59

____ damages are set by law.

Answer 59

Statutory

Question 60

In Texas, what adjective precedes the word "Executor" in a will? What does that mean?

Answer 60

Independent - appointed by court - no more court oversight

Question 61

What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?

Answer 61

Contingent trust

Question 62

In Terrorem Clause

Answer 62

correct name for a No-Contest Clause

Question 63

A ___ prevents a person from assigning his interest in an inheritance to a third party.

Answer 63

Spendthrift provision

Question 64

What is the will signing called?

Answer 64

Execution

Question 65

What is the SOL for probating a will?

Answer 65

4 years

Question 66

What are the two most common competency questions?

Answer 66

Who is the President? | What year is it?

Question 67

If the executor lives outside of Texas, what must be appointed?

Answer 67

registered agent for service of process

Question 68

A ___ appoints another person to handle your funeral & what happens to your body?

Answer 68

Appointment of Agent to Control Disposition of Remains

Question 69

Things like bank accounts and life insurance policies that pass outside the will are called

Answer 69

non-probate assets

Question 70

The statutorily correct name for a "common law" marriage in Texas is ___, and the statutorily correct name for the other kind of marriage in Texas is ____

Answer 70

informal marriage | ceremonial marriage

Question 71

A person who is named in a will as a person who will get a sum of money or tangible property is called a ____

Answer 71

beneficiary

Question 72

Comparative Negligence

Answer 72

Damages apportioned according to fault.