The Test Flashcards
Last 78 questions up to the test on Monday, March 25.
IOLTA
INTEREST ON LAWYER TRUST ACCOUNT
Who gets the IOLTA money in Texas.
State Bar of Texas
What are the four elements of a negligence tort?
DUTY OF REASONABLE CARE
BREACH OF DUTY OF REASONABLE CARE
INJURY TO PLAINTIFF
BREACH THAT CAUSED INJURY TO PLAINTIFF
What “test” requires that a plaintiff prove by a preponderance of that evidence that if it hadn’t been for the defendant’s negligent act, the plaintiff would not have been inured?
But For
If that test fails, then what test does the court apply?
SUBSTANTIAL FACTOR TEST
Punitive damages are designed to
PUNISH OR PENALIZE THE DEFENDANT. NO MONEY INVOLVED.
Compensatory damages are divided into two categories:
ECONOMIC and NON-ECONOMIC
Punitive damages are sometimes called
EXEMPLARY DAMAGES
Someone who commits a tort
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
Explain the Discovery Rule.
BEGINS WHEN THE PLAINTIFF DISCOVERS THE INJURY
Under what circumstances do merchant protection statutes apply?
STOP, DETAIN, INVESTIGATE
MUST HAVE A REASONABLE SUSPICION . MAY DETAIN FOR A REASONABLE AMOUNT OF TIME. MAY INVESTIGATE FOR A REASONABLE AMOUNT OF TIME.
TRUTH
a complete defense to defamation
If a defamatory statement is oral, it’s called
SLANDER
If a defamatory statement is written, it’s called
LIBEL
Proximate cause has to do with the ______ of the risk of the accident that caused the injury.
Forseeability
Res Ipsa Loquitur
“THE THING SPEAKS FOR ITSELF”
Explain partial comparative negligence.
ALSO CALLED PROPORTIONATE NEGLIGENCE IN TEXAS. IT IS THE APPORTIONED AMOUNT OF FAULT ASSIGNED TO EACH PARTY. IF THE PLAINTIFF IS SHOWN TO BE OVER 50% RESPONSIBLE THEN S/HE RECEIVES NOTHING.
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
Intentional confinement or restraint of another person without justification may constitute the civil tort of
FALSE IMPRISONMENT
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
IIED stands for
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Two broad categories of property are personal property and
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 ___ ____ standard.
reasonable person standard
Landowner liability depends on the status of the visitor. What are the three categories of visitors?
INVITEES, LICENSEE, TRESPASSOR
Explain contributory negligence:
IF PLAINTIFF IS PARTIALLY AT FAULT FOR THE INJURY CANNOT RECOVER AGAINST THE NEGLIGENT DEFENDANT.
If you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that?
Assumption of Risk
What is the statute of limitations on a legal malpractice case? ___ years
4 years
What is the difference between damage and damages, in terms of legal terminology?
DAMAGES ARE MONETARY
DAMAGE IS PHYSICAL INJURY OR HARM
Name three kinds of damages
PUNITIVE DAMAGES
COMPENSATORY DAMAGES
STATUTORY DAMAGES
SPECULATIVE DAMAGES
What are the two parties to a contract called?
Offeree, Offeror
A contract is a
LEGAL AGREEMENT ENFORCEABLE IN A COURT OF LAW.
UCC stands for
Uniform Commercial Code
All contracts must have four elements:
Agreement, Consideration, Capacity, Lawful Object
A failure to perform under a contract is a
Breach of Contract
Consideration is
Bargained-for exchange
Why aren’t gratuitous promises enforceable?
They lack consideration.
The three kind of contracts covered by the statute of frauds are:
PURCHASES OF LAND
PURCHASE OF GOODS FOR $500.00 OR MORE
CONTRACTS THAT CAN NOT 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
Expressed contract
MPOA
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:
Linda Sabay and Patricia Wilken
In the mock trial, on what date did the damage to the car take place?
9-21-12
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, & KWAN
BBB stands for
Better Business Bureau
On mail, RRR stands for
Return Receipt Requested
DRC
Dispute Resolution Center
If you get a judgment awarded in small claims court, when is the judgment final?
10 days
If it’s not paid promptly, what should a consumer request the court to prepare?
Abstract of Judgment
What can the court issue that will allow the constable to seize and sell the defendant’s property?
WRIT OF EXECUTION
Three kinds of warranties:
EXPRESSED WARRANTY, IMPLIED WARRANTY, AND SPECIAL STATUTORY WARRANTY
Of those three, which kind is the warranty booklet that came with my washing machine?
Expressed warranty
WARRANTY OF TITLE is a guarantee that
the buyer has the right to take the good free of claim from anyone else.
WARRANTY OF MERCHANTABILITY guarantees that
the thing is fit for the ordinary purpose for which goods of that kind are used.
In a lease situation, a WARRANTY OF _____ guarantees that a place is suitable for living.
Habitability
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE guarantees that
if the seller knows that the buyer intends to use the goods in some specific way, the good must be fit for that purpose.
WARRANTY OF GOOD AND WORKMANLIKE SERVICE guarantees
that services are rendered in a competent, effective way so that the consumer gets the service for which s/he bargained.
The Texas Lemon Law is an example of _________ __________ warranty.
SPECIAL STATUTORY
DTPA stands for
DECEPTIVE TRADE PRACTICES ACT
Who does the DTPA protect?
THE CONSUMER
How many days notice are required before filing suit under the DTPA?
60 days
Breach of peace is synonymous with
Disorderly conduct
Name one thing that Texas courts have considered to be a breach of the peace:
Physically taking debtor’s keys.
Does a creditor have to give me notice before a repossession?
No
If I manage to get my car back after the repossession, what is the word for that?
Redeem to Possession
Is there any way I have to keep paying for the car after it’s been repossessed?
Yes, if there is still a lien on it.
What law required a business to give me notice of the reason for denial of credit?
Fair Credit Reporting Act
What law says that you can’t be denied credit based on gender, race, or age?
Equal Credit Opportunity Act
What Texas law limits the way in which a creditor can contact me?
Texas Debt Collection Act
What federal law limits the way in which a creditor can contact me?
FEDERAL FAIR DEBT COLLECTION PRACTICES ACT
Can a debt collector garnish my paycheck for consumer debt?
No
PIP stands for
Personal Injury Protection
UM stands for
UNINSURED/UNDERINSURED MOTORIST
