Part 1: Advanced Legal Terminology & IRAC Flashcards
T/F: A statute of limitations limits the time period for the plaintiff to sue.
True
Review AMLP (14th ed.), § 11.31.1.
T/F: A statute of limitations limits the amount of money for which a plaintiff can sue.
False
T/F: Venue refers to subject jurisdiction of a suit.
False
T/F: The four classifications of corporations are nonprofit, public, professional, and sole proprietorship corporations.
False
T/F: The operation of a corporation depends upon shareholders, officers, and members.
False
T/F: A corporation is either a foreign or a domestic corporation.
True
Review AMLP (14th ed.), § 23.2; Glossary pp. 724, 729.
T/F: A contract is informal if its format meets criteria as prescribed by law.
False
T/F: An express contract is one in which one party agrees upon the specific terms.
False
T/F: An implied contract is created by law and imposed upon the parties because of their actions or their relationships.
True
Review AMLP (14th ed.), § 17.6; Glossary, p. 732.
A recognized defense to intentional tort actions is _________.
self-defense
Review AMLP (14th ed.), § 13.6.4; Glossary, p. 749.
The court in which a case is first filed is called the court of _________ jurisdiction.
original
Review AMLP (14th ed.), § 8.11; Glossary, p. 741.
The substitution, by mutual agreement, of a new party for an original party to a contract is known as a(n) _________.
novation
Review AMLP (14th ed.), § 17.21.4; Glossary p. 740.
The suspension of the imposition or execution of a sentence by a court is called __________.
probation
Review AMLP (14th ed.), § 12.23; Glossary p. 745.
A building that unlawfully extends onto the property of someone else is a(n) __________.
encroachment
Review AMLP (14th ed.), § 18.9.9; Glossary p. 725.
Torts interfering with property are _________.
trespasses
Review AMLP (14th ed.), § 13.4.8; Glossary, p. 750.
A proceeding taken against the thing is a proceeding _________.
‘in rem’
Review AMLP (14th ed.), § 8.11; Glossary, p. 734.
IRAC: What is the most common type of legal analysis?
arguing from a rule
Review Paralegal Today, 7th Edition, pp. 173-208
IRAC: The acronym, IRAC, stands for ______________.
Issue, Rule, Analysis, and Conclusion
Review Paralegal Today, 7th Edition, pp. 173-208
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?
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.
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?
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?
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?
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.”
titles of the adversarial parties in a Tort/Civil Suit
plaintiff v. defendant
*The plaintiff files a suit against the defendant to seek suitable remedy/compensation.)
titles of the adversarial parties in a Criminal Case
prosecution v. defense
*The prosecution represents the government. The defendant is the party against which charges are filed.