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Paralegal > Nov. 19 Test - Contracts, Torts, Wills > Flashcards

Nov. 19 Test - Contracts, Torts, Wills Flashcards

1
Q

IOLTA

A

Interest on lawyer’s trust account

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2
Q

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

A

slander

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3
Q

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

A

foreseeability

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4
Q

Who gets the IOLTA money in Texas?

A

Texas State Bar

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5
Q

If a defamatory statement is written it is called

A

libel

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6
Q

What are the 4 elements of a negligence tort?

A
  1. Duty
  2. Breach of Duty
  3. Plaintiff injured
  4. Injury caused by the breach
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7
Q

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.

A

“but for” test

substantial factor

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8
Q

Compensatory damages are divided into two categories

A

economic

non-economic

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9
Q

Punitive damages are sometimes called

A

exemplary damages

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10
Q

Someone who commits a tort is called a

A

tortfeasor

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11
Q

Negligence is a failure to exercise

A

duty of reasonable care

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12
Q

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

A

ordinary care

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13
Q

Res Ipsa Loquitur

A

the thing speaks for itself

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14
Q

Explain partial comparative negligence

A

In Texas, called proportionate negligence.

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

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15
Q

Punitive damages are designed to

A

punish the defendant

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16
Q

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

A

STRICTLY liable

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17
Q

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

A

battery

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18
Q

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

A

assault

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19
Q

false imprisonment

A

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

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20
Q

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

A

misappropriation of the right to publicity

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21
Q

I.I.E.D.

A

Intentional Infliction of Emotional Distress

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22
Q

Two broad categories of property are ___ and ____.

A

personal property

real property

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23
Q

An unintentional tort is called a

A

negligence tort

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24
Q

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

A

reasonable person standard

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25
Q

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

A
  • invitees
  • trespassor
  • licenseee
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26
Q

Explain the Discovery Rule

A

SOL begins when the plaintiff discovers the injury

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27
Q

Under what circumstances do merchant protection statutes apply?

A
  • a reasonable investigation is conducted in reasonable manner
  • held for a reasonable amount of time
  • reasonable suspicion to stop
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28
Q

Explain contributory negligence.

A

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

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29
Q

____ is a complete defense to defamation.

A

Truth

30
Q

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

A

Assumption of the risk

31
Q

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

A

4 years

32
Q

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

A

Damage is physical harm

Damages is monetary

33
Q

Name three kinds of damages.

A

Punitive
Statutory
Compensatory
Speculative

34
Q

What are the two parties to a contract called?

A

offeror and offeree

35
Q

A contract is a

A

legal agreement enforceable in a court of law

36
Q

UCC stands for

A

Uniform Commercial Code

37
Q

All contracts must have these 4 elements

A

Agreement
Consideration
Capacity
Lawful Object

38
Q

A failure to perform under a contract is a

A

breach of contract

39
Q

Consideration is a

A

bargained-for exchange

40
Q

Why aren’t gratuitous promises enforceable?

A

there is no consideration

41
Q

The three kinds of contracts covered by statute of frauds are

A
  • Contract of land purchases
  • Contract of goods more than $500
  • Contracts that cannot be completed in a year
42
Q

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

A

contract must be in writing

43
Q

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

A

express contract

44
Q

MPOA stands for

A

Medical Power of Attorney

45
Q

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

A

2

14

46
Q

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

A

Lakshmi Achari, plf

Chris Lonvick, deft

47
Q

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

A

Sunday, September 21, 2014

48
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

49
Q

a tort is a

A

civil wrong

50
Q

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

A

transferred intent

51
Q

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?

A

misappropriation of the right to publicity

recover unauthorized profits and
obtain an injunction

52
Q

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

A

Intentional infliction of Emotional Distres

53
Q

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

A

Trespass to land

54
Q

The failure to exercise ordinary care is called

A

breach

55
Q

Invitees and licensees are owed a duty of

A

ordinary care.

56
Q

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

A

2 years for PI or meld malpractice

4 years for legal malpractice

57
Q

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

A

Compensatory
economic
non-economic

58
Q

_____ damages are sometimes called future damages.

A

speculative

59
Q

____ damages are set by law.

A

Statutory

60
Q

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

A

Independent

  • appointed by court
  • no more court oversight
61
Q

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

A

Contingent trust

62
Q

In Terrorem Clause

A

correct name for a No-Contest Clause

63
Q

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

A

Spendthrift provision

64
Q

What is the will signing called?

A

Execution

65
Q

What is the SOL for probating a will?

A

4 years

66
Q

What are the two most common competency questions?

A

Who is the President?

What year is it?

67
Q

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

A

registered agent for service of process

68
Q

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

A

Appointment of Agent to Control Disposition of Remains

69
Q

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

A

non-probate assets

70
Q

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 ____

A

informal marriage

ceremonial marriage

71
Q

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

A

beneficiary

72
Q

Comparative Negligence

A

Damages apportioned according to fault.

Paralegal (28 decks)

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