Nov. 19 Test - Contracts, Torts, Wills Flashcards
IOLTA
Interest on lawyer’s trust account
If a defamatory statement is oral, it’s called ____.
slander
Proximate cause has to do with the ___ of the risk of the accident that caused the injury.
foreseeability
Who gets the IOLTA money in Texas?
Texas State Bar
If a defamatory statement is written it is called
libel
What are the 4 elements of a negligence tort?
- Duty
- Breach of Duty
- Plaintiff injured
- Injury caused by the breach
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.
“but for” test
substantial factor
Compensatory damages are divided into two categories
economic
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
Res Ipsa Loquitur
the thing speaks for itself
Explain partial comparative negligence
In Texas, called proportionate negligence.
still apportioned by fault, but if plf’s share of fault is 50% or more , plf takes nothing
Punitive damages are designed to
punish the defendant
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
false imprisonment
the intentional confinement or restraint of another person without justification or restraint
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
I.I.E.D.
Intentional Infliction of Emotional Distress
Two broad categories of property are ___ and ____.
personal property
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
- trespassor
- licenseee
Explain the Discovery Rule
SOL begins when the plaintiff discovers the injury
Under what circumstances do merchant protection statutes apply?
- a reasonable investigation is conducted in reasonable manner
- held for a reasonable amount of time
- reasonable suspicion to stop
Explain contributory negligence.
Damages apportioned according to fault, if plaintiff has contributed no damage will be awarded
____ is a complete defense to defamation.
Truth
If you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that?
Assumption of the 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?
Damage is physical harm
Damages is monetary
Name three kinds of damages.
Punitive
Statutory
Compensatory
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
- Contract of land purchases
- Contract of 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
Lakshmi Achari, plf
Chris Lonvick, deft
In the mock trial, on what date did the damage to the car take place?
Sunday, September 21, 2014
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
a tort is a
civil wrong
If I intend to hit one person, but accidentally hit another instead, the Doctrine of ____ may apply
transferred intent
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?
misappropriation of the right to publicity
recover unauthorized profits and
obtain an injunction
If a person’s extreme and outrageous conduct intentionally causes severe emotional distress to someone else, that might be
Intentional infliction of Emotional Distres
___ is interference with an owner’s right to exclusive possession of land.
Trespass to land
The failure to exercise ordinary care is called
breach
Invitees and licensees are owed a duty of
ordinary care.
The statute of limitations for personal injury claims (Meld malpractice) is ___ years, and the statute of limitations for legal malpractice claims is ____ years.
2 years for PI or meld malpractice
4 years for legal malpractice
___ damages are sometimes called actual damages, and they are often divided into ___ and ___.
Compensatory
economic
non-economic
_____ damages are sometimes called future damages.
speculative
____ damages are set by law.
Statutory
In Texas, what adjective precedes the word “Executor” in a will? What does that mean?
Independent
- appointed by court
- no more court oversight
What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?
Contingent trust
In Terrorem Clause
correct name for a No-Contest Clause
A ___ prevents a person from assigning his interest in an inheritance to a third party.
Spendthrift provision
What is the will signing called?
Execution
What is the SOL for probating a will?
4 years
What are the two most common competency questions?
Who is the President?
What year is it?
If the executor lives outside of Texas, what must be appointed?
registered agent for service of process
A ___ appoints another person to handle your funeral & what happens to your body?
Appointment of Agent to Control Disposition of Remains
Things like bank accounts and life insurance policies that pass outside the will are called
non-probate assets
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 ____
informal marriage
ceremonial marriage
A person who is named in a will as a person who will get a sum of money or tangible property is called a ____
beneficiary
Comparative Negligence
Damages apportioned according to fault.
