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Paralegal > Torts Test (on Thursday, November 12th) > Flashcards

Torts Test (on Thursday, November 12th) Flashcards

1
Q

A civil wrong that is the basis for a legal cause of acton

A

A tort

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2
Q

When does a tort occur?

A
  • 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

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3
Q

Intentional Torts against Persons

A

the law protects a person(‘s)

  • from unauthorized touching, restraint, or other contact
  • reputation and privacy
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4
Q

In 85% of this class we will be talking about what and 85% of the entry level jobs are in?

A

civil law

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5
Q

Who gets the interest from the IOLTA money in Texas?

A

State Bar of Texas

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6
Q

What are the four elements of negligence tort?

A
  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
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7
Q

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?

A

“but for” test

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8
Q

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

A

substantial factor test

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9
Q

Punitive damages are designed to

A

punish the defendant.

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10
Q

Compensatory damages are divided into two categories:

A
  1. economic; and

2. non-economic

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11
Q

Punitive damages are sometimes called

A

exemplary damages

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12
Q

Someone who commits a tort is called a

A

tortfeasor

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13
Q

Negligence is a failure to exercise

A

reasonable care

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14
Q

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

A

ordinary care

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15
Q

Explain the Discovery Rule

A

Statute of limitations begins when the plaintiff discovers the injury.or the cause of injury

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16
Q

Under what circumstances do merchant protection statutes apply?

A

When there is

  • reasonable suspicion,
  • investigation in a reasonable manner, and
  • it is done in a reasonable amount of time.
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17
Q

_____ is a complete defense of defamation.

A

Truth

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18
Q

If a defamatory statement is written, it’s called _____.

A

Libel

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19
Q

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

A

forseeability

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20
Q

Res Ipsa Loquitur means

A

the thing speaks for itself.

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21
Q

Explain partial comparative negligence.

A

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.

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22
Q

What is partial comparative negligence also called in Texas?

A

proportionate negligence

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23
Q

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

A

strictly liable

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24
Q

What is the difference between liable and libel?

A
  1. Liable - risk of experiencing s-g usually unpleasant

2. Libel - false and malicious publication printed to defame

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25
Q

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

A

battery

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26
Q

The threat of immediate physical harm (contact) may constitute the civil tort of _____.

A

assault

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27
Q

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

A

false imprisonment

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28
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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29
Q

IIED stands for?

A

Intentional
Infliction of
Emitional
Distress

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30
Q

Two broad categories of property are ____ and ____.

A

personal property
and
real property.

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31
Q

An unintentional tort is called a _____.

A

negligence

32
Q

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

A

reasonable person standard

33
Q

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

A
  1. Invitees
  2. Trespassor
  3. Licensees
34
Q

Explain contributory negligence.

A

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

35
Q

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

A

assumption of the risk

36
Q

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

A

4 years

37
Q

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

A

Damage is actual injury to property and

Damages is money awarded

38
Q

Name 3 kinds of damages.

A
  1. Compensatory
  2. Punitive
  3. Speculative
  4. Statutory
39
Q

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

A

testator

40
Q

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.

A

life estate

41
Q

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

A

Independent

42
Q

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

A

Contingent trust

43
Q

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

A

in terrorem clause

44
Q

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

A

spendthrift provision

45
Q

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

A

self-proving affadvait

46
Q

What does probate mean?

A

to prove up,

to show “will” is what it says it is

47
Q

IOLTA stands for

A

interest on lawyers trust account

48
Q

What is doctrine of transferred intent?

A

Throw a rock at someone but hits a different person that is the doctrine of transferred intent.

49
Q

Is it false imprisonment if someone locks a door and you can’t get out?

A

it is not false imprisonment until someone knows it. As soon as one of you knows, it is false imprisonment.

50
Q

Texas IIED requires what?

A

Texas requires some physical form to the mental distress.

51
Q

Breach is ____

A

the failure to exercise care

52
Q

Metta World Peace

A

Ron Artest (Lakers)

53
Q

Can you use the Discovery Rule for medical malpractice suits in Texas?

A

You cannot use the Discovery Rule for Medical Malpractice suits in Texas

54
Q

preponderance

A

more likely than not

55
Q

beyond a reasonable doubt

A

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

56
Q

What is the IOLTA money used for?

A

used for legal services for the poor

57
Q

If a defamatory statement is oral, it’s called _____.

A

Slander

58
Q

What is “published”?

A

simply is a 3rd party person heard; does not mean appear in writing

59
Q

Is opinion protected?

A

Opinion is not the same as a state of fact.

Opinion is not defamation.

60
Q

If a statement is true, is that defamation?

A

It is not defamation.

61
Q

What is actual malice mean?

A

a defendant made the false statement knowingly or with reckless disregard of its falsity

62
Q

What does “public officials” include?

A

Public officials and now includes sports starts and celebrities

63
Q

What is IIED?

A

it is a person’s extreme and outrageous conduct intentionally causes severe emotional distress to another.

64
Q

Who is Paul Bettany?

A

writer and director of “Shelter”

65
Q

Noah’s favorite Republican debate

A

when Ted Cruz tried to list 5 things and

said Department of Commerce twice

66
Q

What boardgame did Jeb Bush use that Noah didn’t like?

A

Monopoly instead of the game Risk

67
Q

What did Noah call the 8 republicans at the debate?

A

The Debateful 8

68
Q

Jeb Bush was in Washington, Iowa

A

talking about Washington, D.C.

69
Q

Putin and Trump were on the same 60 minutes show

A

Trump said they became bunk mates

70
Q

Online with Chris Hayes

All in with Chris Hayes

A

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

71
Q

Trevor’s zen, is what rick santorum said

A

he respects Democrats because “they fight”

72
Q

Dan Price is the guest on Tuesday

A

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

73
Q

Tuesday - Trump said that when he gets to the WH we are all going to be saying

A

Merry Christmas

74
Q

He called Jeb Bush the Republicans’ what?

A

Black Fish

75
Q

hasan minhaj

A

correspondent on the daily show

76
Q

how much did they say the gas station in Afghanistan was estimated and actually cost

A

should have cost $200K to $500K and actually cost $43M

77
Q

Dan Price pays each of his employees a minimum salary of how much

A

$70,000

Paralegal (28 decks)

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