Torts Test Flashcards
IOLTA stands for
interest on lawyers trust account
Who gets the IOLTA money in Texas?
State Bar of Texas
What are the four elements of negligence tort?
- Tortfeasor owed a duty of care to plaintiff;
- Defendant breached that duty;
- Plaintiff suffered an injury; and
- The breach caused the injury.
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?
“but for” test
If the “but for” test fails, then what test does the court apply?
substantial factor test
Punitive damages are designed to
punish the defendant.
Compensatory damages are divided into two catergories:
economic and non economic
Punitive damages are sometimes called
exemplary damages
Someone who commits a tort is called a
tortfeasor
Negligence is a failure to exercise
reasonable care.
Landowners owe a duty of ________________ to people who are invited to come on their land.
ordinary care
Explain the Discovery Rule
Statute of limitations begins with the plaintiff discovers the injury.
Under what circumstances do merchant protection statutes apply?
When there is reasonable suspicion, there is a reasonable investigation, and it is done in a reasonable amount of time.
______________is a complete defense to defamation.
Truth
If a defamatory statement is oral, it’s called ________________. If it is written it’s called _____________________.
- Slander
2. Libel
Proximate cause has to do with the __________________________ of the risk of the accident that caused the injury.
forseeability
Res Ipsa Loquitor means
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 gets 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 constitue 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 ____________________.
negligance
How an objective, careful, and conscientious person would have acted in the same circumstance is called the ___________________________.
reasonable person standard
Landowner liability depends on the status of the visitor. What are the three categories of visitors?
- Invitees
- Trespassor
- licensees
Explain contributory negligence:
If the defendant is found in any way to have contributed to the tort, no damage will be awarded.
If you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that?
assumption of the risk
What is the statute of limitation on a legal malpractice case?
4 years
What’s the difference between damage and damages, in terms of legal terminology
Damage is actual injury to property and Damages is money awarded
Name 3 kinds of damages
- Punitive
- Speculative
- Compensatory
- Statutory
The person for whom a will is made, who will be signing the will, is called the
testator.
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.
life estate
In Texas, what adjective precedes the word “Executor” in a will?
Independent
What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?
contingent trust
What is the correct name for a No-Contest Clause?
in terrorem clause
A _______________________ prevents a person from assigning his interest in an inheritance to a third party.
spendthrift provision
What is the last page that’s attached to a will called?
self proving affidavit
What does probate mean?
to prove up, to show will is what it says it is
