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The Test Flashcards

Last 78 questions up to the test on Monday, March 25.

1
Q

IOLTA

A

INTEREST ON LAWYER TRUST ACCOUNT

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2
Q

Who gets the IOLTA money in Texas.

A

State Bar of Texas

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3
Q

What are the four elements of a negligence tort?

A

DUTY OF REASONABLE CARE
BREACH OF DUTY OF REASONABLE CARE
INJURY TO PLAINTIFF
BREACH THAT CAUSED INJURY TO PLAINTIFF

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4
Q

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?

A

But For

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5
Q

If that test fails, then what test does the court apply?

A

SUBSTANTIAL FACTOR TEST

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6
Q

Punitive damages are designed to

A

PUNISH OR PENALIZE THE DEFENDANT. NO MONEY INVOLVED.

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7
Q

Compensatory damages are divided into two categories:

A

ECONOMIC and NON-ECONOMIC

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8
Q

Punitive damages are sometimes called

A

EXEMPLARY DAMAGES

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9
Q

Someone who commits a tort

A

TORTFEASOR

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10
Q

Negligence is a failure to exercise duty of

A

REASONABLE CARE

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11
Q

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

A

ORDINARY CARE

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12
Q

Explain the Discovery Rule.

A

BEGINS WHEN THE PLAINTIFF DISCOVERS THE INJURY

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13
Q

Under what circumstances do merchant protection statutes apply?

A

STOP, DETAIN, INVESTIGATE
MUST HAVE A REASONABLE SUSPICION . MAY DETAIN FOR A REASONABLE AMOUNT OF TIME. MAY INVESTIGATE FOR A REASONABLE AMOUNT OF TIME.

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14
Q

TRUTH

A

a complete defense to defamation

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15
Q

If a defamatory statement is oral, it’s called

A

SLANDER

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16
Q

If a defamatory statement is written, it’s called

A

LIBEL

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17
Q

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

A

Forseeability

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18
Q

Res Ipsa Loquitur

A

“THE THING SPEAKS FOR ITSELF”

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19
Q

Explain partial comparative negligence.

A

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.

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20
Q

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

A

Strictly liable

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21
Q

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

A

Battery

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22
Q

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

A

Assault

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23
Q

Intentional confinement or restraint of another person without justification may constitute the civil tort of

A

FALSE IMPRISONMENT

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24
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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25
Q

IIED stands for

A

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

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26
Q

Two broad categories of property are personal property and

A

real property

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27
Q

An unintentional tort is called a

A

negligence tort

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28
Q

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

A

reasonable person standard

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29
Q

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

A

INVITEES, LICENSEE, TRESPASSOR

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30
Q

Explain contributory negligence:

A

IF PLAINTIFF IS PARTIALLY AT FAULT FOR THE INJURY CANNOT RECOVER AGAINST THE NEGLIGENT DEFENDANT.

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31
Q

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

A

Assumption of Risk

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32
Q

What is the statute of limitations on a legal malpractice case? ___ years

A

4 years

33
Q

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

A

DAMAGES ARE MONETARY

DAMAGE IS PHYSICAL INJURY OR HARM

34
Q

Name three kinds of damages

A

PUNITIVE DAMAGES
COMPENSATORY DAMAGES
STATUTORY DAMAGES
SPECULATIVE DAMAGES

35
Q

What are the two parties to a contract called?

A

Offeree, Offeror

36
Q

A contract is a

A

LEGAL AGREEMENT ENFORCEABLE IN A COURT OF LAW.

37
Q

UCC stands for

A

Uniform Commercial Code

38
Q

All contracts must have four elements:

A

Agreement, Consideration, Capacity, Lawful Object

39
Q

A failure to perform under a contract is a

A

Breach of Contract

40
Q

Consideration is

A

Bargained-for exchange

41
Q

Why aren’t gratuitous promises enforceable?

A

They lack consideration.

42
Q

The three kind of contracts covered by the statute of frauds are:

A

PURCHASES OF LAND
PURCHASE OF GOODS FOR $500.00 OR MORE
CONTRACTS THAT CAN NOT BE COMPLETED IN A YEAR

43
Q

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

A

Contract must be in writing.

44
Q

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

A

Expressed contract

45
Q

MPOA

A

Medical Power of Attorney

46
Q

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

A

2, 14

47
Q

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

A

Linda Sabay and Patricia Wilken

48
Q

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

A

9-21-12

49
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, & KWAN

50
Q

BBB stands for

A

Better Business Bureau

51
Q

On mail, RRR stands for

A

Return Receipt Requested

52
Q

DRC

A

Dispute Resolution Center

53
Q

If you get a judgment awarded in small claims court, when is the judgment final?

A

10 days

54
Q

If it’s not paid promptly, what should a consumer request the court to prepare?

A

Abstract of Judgment

55
Q

What can the court issue that will allow the constable to seize and sell the defendant’s property?

A

WRIT OF EXECUTION

56
Q

Three kinds of warranties:

A

EXPRESSED WARRANTY, IMPLIED WARRANTY, AND SPECIAL STATUTORY WARRANTY

57
Q

Of those three, which kind is the warranty booklet that came with my washing machine?

A

Expressed warranty

58
Q

WARRANTY OF TITLE is a guarantee that

A

the buyer has the right to take the good free of claim from anyone else.

59
Q

WARRANTY OF MERCHANTABILITY guarantees that

A

the thing is fit for the ordinary purpose for which goods of that kind are used.

60
Q

In a lease situation, a WARRANTY OF _____ guarantees that a place is suitable for living.

A

Habitability

61
Q

WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE guarantees that

A

if the seller knows that the buyer intends to use the goods in some specific way, the good must be fit for that purpose.

62
Q

WARRANTY OF GOOD AND WORKMANLIKE SERVICE guarantees

A

that services are rendered in a competent, effective way so that the consumer gets the service for which s/he bargained.

63
Q

The Texas Lemon Law is an example of _________ __________ warranty.

A

SPECIAL STATUTORY

64
Q

DTPA stands for

A

DECEPTIVE TRADE PRACTICES ACT

65
Q

Who does the DTPA protect?

A

THE CONSUMER

66
Q

How many days notice are required before filing suit under the DTPA?

A

60 days

67
Q

Breach of peace is synonymous with

A

Disorderly conduct

68
Q

Name one thing that Texas courts have considered to be a breach of the peace:

A

Physically taking debtor’s keys.

69
Q

Does a creditor have to give me notice before a repossession?

A

No

70
Q

If I manage to get my car back after the repossession, what is the word for that?

A

Redeem to Possession

71
Q

Is there any way I have to keep paying for the car after it’s been repossessed?

A

Yes, if there is still a lien on it.

72
Q

What law required a business to give me notice of the reason for denial of credit?

A

Fair Credit Reporting Act

73
Q

What law says that you can’t be denied credit based on gender, race, or age?

A

Equal Credit Opportunity Act

74
Q

What Texas law limits the way in which a creditor can contact me?

A

Texas Debt Collection Act

75
Q

What federal law limits the way in which a creditor can contact me?

A

FEDERAL FAIR DEBT COLLECTION PRACTICES ACT

76
Q

Can a debt collector garnish my paycheck for consumer debt?

A

No

77
Q

PIP stands for

A

Personal Injury Protection

78
Q

UM stands for

A

UNINSURED/UNDERINSURED MOTORIST

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