Torts Test (on Thursday, November 12th) Flashcards
A civil wrong that is the basis for a legal cause of acton
A tort
When does a tort occur?
- when a person violates a duty to others -
- someone deliberately, or through carelessness, causes harm or loss to another person, or to that person’s property
Intentional Torts against Persons
the law protects a person(‘s)
- from unauthorized touching, restraint, or other contact
- reputation and privacy
In 85% of this class we will be talking about what and 85% of the entry level jobs are in?
civil law
Who gets the interest from 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 categories:
- economic; and
2. 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 when the plaintiff discovers the injury.or the cause of injury
Under what circumstances do merchant protection statutes apply?
When there is
- reasonable suspicion,
- investigation in a reasonable manner, and
- it is done in a reasonable amount of time.
_____ is a complete defense of defamation.
Truth
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 means
the thing speaks for itself.
Explain partial comparative negligence.
It is the apportioned amount of fault assigned to each party.
If the plaintiff is shown to be over 50% responsible then he/she gets nothing.
What is partial comparative negligence also called in Texas?
proportionate negligence
All parties in the chain of distribution are ___ for injuries caused by a defective product.
strictly liable
What is the difference between liable and libel?
- Liable - risk of experiencing s-g usually unpleasant
2. Libel - false and malicious publication printed to defame
The unauthorized and offensive or harmful touching of someone may constitute the civil tort of _____.
battery
The threat of immediate physical harm (contact) 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
Emitional
Distress
Two broad categories of property are ____ and ____.
personal property
and
real property.
An unintentional tort is called a _____.
negligence
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 a participate in a risk 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.
- Compensatory
- Punitive
- Speculative
- 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 affadvait
What does probate mean?
to prove up,
to show “will” is what it says it is
IOLTA stands for
interest on lawyers trust account
What is doctrine of transferred intent?
Throw a rock at someone but hits a different person that is the doctrine of transferred intent.
Is it false imprisonment if someone locks a door and you can’t get out?
it is not false imprisonment until someone knows it. As soon as one of you knows, it is false imprisonment.
Texas IIED requires what?
Texas requires some physical form to the mental distress.
Breach is ____
the failure to exercise care
Metta World Peace
Ron Artest (Lakers)
Can you use the Discovery Rule for medical malpractice suits in Texas?
You cannot use the Discovery Rule for Medical Malpractice suits in Texas
preponderance
more likely than not
beyond a reasonable doubt
standard of proof is a very high standard of doubt - it must get not all the way to the goal line but at least within the 5 yard line
What is the IOLTA money used for?
used for legal services for the poor
If a defamatory statement is oral, it’s called _____.
Slander
What is “published”?
simply is a 3rd party person heard; does not mean appear in writing
Is opinion protected?
Opinion is not the same as a state of fact.
Opinion is not defamation.
If a statement is true, is that defamation?
It is not defamation.
What is actual malice mean?
a defendant made the false statement knowingly or with reckless disregard of its falsity
What does “public officials” include?
Public officials and now includes sports starts and celebrities
What is IIED?
it is a person’s extreme and outrageous conduct intentionally causes severe emotional distress to another.
Who is Paul Bettany?
writer and director of “Shelter”
Noah’s favorite Republican debate
when Ted Cruz tried to list 5 things and
said Department of Commerce twice
What boardgame did Jeb Bush use that Noah didn’t like?
Monopoly instead of the game Risk
What did Noah call the 8 republicans at the debate?
The Debateful 8
Jeb Bush was in Washington, Iowa
talking about Washington, D.C.
Putin and Trump were on the same 60 minutes show
Trump said they became bunk mates
Online with Chris Hayes
All in with Chris Hayes
is an American political commentator. Hayes hosts All In with Chris Hayes, a weekday news and opinion television show on MSNBC. Hayes formerly hosted a weekend MSNBC show, Up with Chris Hayes
Trevor’s zen, is what rick santorum said
he respects Democrats because “they fight”
Dan Price is the guest on Tuesday
is an American entrepreneur and business executive. He is the founder and CEO of Gravity Payments, a Seattle-WA based credit card processing company, and was named Entrepreneur Magazine’s 2014 Entrepreneur of the Year in 2013
Tuesday - Trump said that when he gets to the WH we are all going to be saying
Merry Christmas
He called Jeb Bush the Republicans’ what?
Black Fish
hasan minhaj
correspondent on the daily show
how much did they say the gas station in Afghanistan was estimated and actually cost
should have cost $200K to $500K and actually cost $43M
Dan Price pays each of his employees a minimum salary of how much
$70,000
