Part 1: Advanced Legal Terminology & IRAC

Question 1

T/F: A statute of limitations limits the time period for the plaintiff to sue.

Answer 1

True

Review AMLP (14th ed.), § 11.31.1.

Question 2

T/F: A statute of limitations limits the amount of money for which a plaintiff can sue.

Answer 2

False

Question 3

T/F: Venue refers to subject jurisdiction of a suit.

Answer 3

False

Question 4

T/F: The four classifications of corporations are nonprofit, public, professional, and sole proprietorship corporations.

Answer 4

False

Question 5

T/F: The operation of a corporation depends upon shareholders, officers, and members.

Answer 5

False

Question 6

T/F: A corporation is either a foreign or a domestic corporation.

Answer 6

True

Review AMLP (14th ed.), § 23.2; Glossary pp. 724, 729.

Question 7

T/F: A contract is informal if its format meets criteria as prescribed by law.

Answer 7

False

Question 8

T/F: An express contract is one in which one party agrees upon the specific terms.

Answer 8

False

Question 9

T/F: An implied contract is created by law and imposed upon the parties because of their actions or their relationships.

Answer 9

True

Review AMLP (14th ed.), § 17.6; Glossary, p. 732.

Question 10

A recognized defense to intentional tort actions is _________.

Answer 10

self-defense

Review AMLP (14th ed.), § 13.6.4; Glossary, p. 749.

Question 11

The court in which a case is first filed is called the court of _________ jurisdiction.

Answer 11

original

Review AMLP (14th ed.), § 8.11; Glossary, p. 741.

Question 12

The substitution, by mutual agreement, of a new party for an original party to a contract is known as a(n) _________.

Answer 12

novation

Review AMLP (14th ed.), § 17.21.4; Glossary p. 740.

Question 13

The suspension of the imposition or execution of a sentence by a court is called __________.

Answer 13

probation

Review AMLP (14th ed.), § 12.23; Glossary p. 745.

Question 14

A building that unlawfully extends onto the property of someone else is a(n) __________.

Answer 14

encroachment

Review AMLP (14th ed.), § 18.9.9; Glossary p. 725.

Question 15

Torts interfering with property are _________.

Answer 15

trespasses

Review AMLP (14th ed.), § 13.4.8; Glossary, p. 750.

Question 16

A proceeding taken against the thing is a proceeding _________.

Answer 16

‘in rem’

Review AMLP (14th ed.), § 8.11; Glossary, p. 734.

Question 17

IRAC: What is the most common type of legal analysis?

Answer 17

arguing from a rule

Review Paralegal Today, 7th Edition, pp. 173-208

Question 18

IRAC: The acronym, IRAC, stands for ______________.

Answer 18

Issue, Rule, Analysis, and Conclusion

Review Paralegal Today, 7th Edition, pp. 173-208

Question 19

Sara has been renting a house in Tarrytown while the owner, Jacob, tries to sell it. Sara has a month-to-month lease, and the rent is due on the first. On February 2, Jacob left Sara a note to let her know that the house has been sold and that she must move out before March 1. Using the IRAC method, what is the issue?

Answer 19

Was there proper notice of termination of the tenancy?

NOT:

• Rule has two elements: express notice and timing.
• In month-to-month tenancies, an express notice of termination must give a termination date that is at least one month after the date of the notice.

Question 20

Sue, Bob, and Joe are seated next to each other at an Anywhere, USA diner counter, drinking their coffee and watching the morning news on the diner’s television. Hillary Clinton appears on the screen and discusses her policy goals. Republican Bob shouts, “Trump is going to kill you at the polls!” at the screen. Bluer than blue Democrat Joe, aiming to end this and future outbursts by Bob, calmly picks up his mug and hurls the hot coffee in Bob’s direction. The agile Bob ducks, and the coffee hits Independent Sue, scalding her. Using the IRAC method, what is the analysis?

Answer 20

Joe had intent to injure Bob, but the result of his conduct in connection with that intent was to injure Sue, Joe’s intent toward Bob “transfers” to Sue. Therefore, the intent element of assault is fulfilled.

NOT:

• When an unintended victim is struck down as a result of an unlawful act intentionally directed at another, the original intent “transfers” from the intended victim to the actual victim.
• Does the mismatch between the object of Joe’s intent and the result achieved defeat liability?

Question 21

A state trooper sees a car pulled over onto the shoulder of the highway which she is patrolling. The trooper stops and exits her vehicle and approaches the car, which is not running. When she arrives at the car, Lola Louche is slumped on the wheel, with the keys in the ignition, and her right hand on the keys. Louche turns her head, opens her eyes, and slurs, “Is something wrong, officer?” The trooper asks Louche to exit the car, conducts an on-scene breathalyzer test (which results in a .08 BAL reading), and arrests Louche for driving while intoxicated. Using the IRAC method, what is the conclusion?

Answer 21

Holding that Louche did “operate” her vehicle based on her hand being on the keys is consistent with legislative intent to permit enforcement in advance of driving: Evidence supports finding that driving was imminent.

NOT:

• What does “operate” mean?
• Louche had her hand on the keys, therefore driving arguably more “imminent.”

Question 22

titles of the adversarial parties in a Tort/Civil Suit

Answer 22

plaintiff v. defendant

*The plaintiff files a suit against the defendant to seek suitable remedy/compensation.)

Question 23

titles of the adversarial parties in a Criminal Case

Answer 23

prosecution v. defense

*The prosecution represents the government. The defendant is the party against which charges are filed.