Torts Test

Question 1

IOLTA stands for

Answer 1

interest on lawyers trust account

Question 2

Who gets the IOLTA money in Texas?

Answer 2

State Bar of Texas

Question 3

What are the four elements of negligence tort?

Answer 3

1. Tortfeasor owed a duty of care to plaintiff;
2. Defendant breached that duty;
3. Plaintiff suffered an injury; and
4. The breach caused the injury.

Question 4

What “test” requires that a plaintiff prove by a preponderance of the evidence that if it hadn’t been for the defendant’s negligence act, the plaintiff would not have been injured?

Answer 4

“but for” test

Question 5

If the “but for” test fails, then what test does the court apply?

Answer 5

substantial factor test

Question 6

Punitive damages are designed to

Answer 6

punish the defendant.

Question 7

Compensatory damages are divided into two catergories:

Answer 7

economic and non economic

Question 8

Punitive damages are sometimes called

Answer 8

exemplary damages

Question 9

Someone who commits a tort is called a

Answer 9

tortfeasor

Question 10

Negligence is a failure to exercise

Answer 10

reasonable care.

Question 11

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

Answer 11

ordinary care

Question 12

Explain the Discovery Rule

Answer 12

Statute of limitations begins with the plaintiff discovers the injury.

Question 13

Under what circumstances do merchant protection statutes apply?

Answer 13

When there is reasonable suspicion, there is a reasonable investigation, and it is done in a reasonable amount of time.

Question 14

______________is a complete defense to defamation.

Answer 14

Truth

Question 15

If a defamatory statement is oral, it’s called ________________. If it is written it’s called _____________________.

Answer 15

1. Slander

2. Libel

Question 16

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

Answer 16

forseeability

Question 17

Res Ipsa Loquitor means

Answer 17

the thing speaks for itself

Question 18

Explain partial comparative negligence

Answer 18

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 gets nothing.

Question 19

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

Answer 19

strictly liable

Question 20

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

Answer 20

battery

Question 21

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

Answer 21

assault

Question 22

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

Answer 22

false imprisonment

Question 23

If someone uses my photo to sell their shampoo, and they don’t have my permission to do so, that may constitue the civil tort of ____________________________.

Answer 23

misappropriation of the right to publicity.

Question 24

IIED stands for ___________________________________________.

Answer 24

Intentional infliction of emotional distress

Question 25

Two broad categories of property are personal property and

Answer 25

real property.

Question 26

An unintentional tort is called a ____________________.

Answer 26

negligance

Question 27

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

Answer 27

reasonable person standard

Question 28

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

Answer 28

1. Invitees
2. Trespassor
3. licensees

Question 29

Explain contributory negligence:

Answer 29

If the defendant is found in any way to have contributed to the tort, no damage will be awarded.

Question 30

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

Answer 30

assumption of the risk

Question 31

What is the statute of limitation on a legal malpractice case?

Answer 31

4 years

Question 32

What’s the difference between damage and damages, in terms of legal terminology

Answer 32

Damage is actual injury to property and Damages is money awarded

Question 33

Name 3 kinds of damages

Answer 33

1. Punitive
2. Speculative
3. Compensatory
4. Statutory

Question 34

The person for whom a will is made, who will be signing the will, is called the

Answer 34

testator.

Question 35

A ________________ occurs when a spouse owns a home as separate property dies, leaving behind another spouse who wants to continue to live in the house.

Answer 35

life estate

Question 36

In Texas, what adjective precedes the word “Executor” in a will?

Answer 36

Independent

Question 37

What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?

Answer 37

contingent trust

Question 38

What is the correct name for a No-Contest Clause?

Answer 38

in terrorem clause

Question 39

A _______________________ prevents a person from assigning his interest in an inheritance to a third party.

Answer 39

spendthrift provision

Question 40

What is the last page that’s attached to a will called?

Answer 40

self proving affidavit

Question 41

What does probate mean?

Answer 41

to prove up, to show will is what it says it is