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Paralegal > Week 5 Monday (Nov. 30) Test - Consumer Law, Torts, Crts, Mock Trial > Flashcards

Week 5 Monday (Nov. 30) Test - Consumer Law, Torts, Crts, Mock Trial Flashcards

1
Q

Texas Secretary of State

A

Carlos Cascos

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2
Q

Texas Comptroller

A

Glenn Hegar

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3
Q

Texas Supreme Court Chief Justice

A

Chief Justice Nathan L. Hecht

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4
Q

Texas Supreme Court Associate Justices

A 
B - Boyd, Jeffrey
B - Brown, Jeff
D - Devine, John Phillip
G - Green, Paul
G - Guzman, Eva
J - Johnson, Phil
L - Lehrmann, Debra
W - Willett, Don
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5
Q

Texas Court of Criminal Appeals Judges

A

K - Keller, Sharon (Presiding Judge)

A - Alcala, Elsa
H - Hervey, Barbara
J - Johnson, Cheryl
K - Keasler, Michael
M - Meyers, Lawrence
N - Newell, David
R - Richardson, Bert
Y - Yeary, Kevin
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6
Q

Texas Attorney General

A

Ken Paxton

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7
Q

Merchant Protection Statutes

A

Allows shopkeepers to SID suspected shoplifters w/out being held liable for false imprisonment

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8
Q

Under what circumstances do Merchant Protection Statutes apply?

A
  1. Reasonable investigation in a reasonable manner
  2. Reasonable suspicion of the suspect
  3. Reasonable amount of time (done for a)
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9
Q

Defamation of Character

A

act of harming the reputation of another by making a false statement to a third party

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10
Q

Slander

A

Oral defamatory statement

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11
Q

Libel

A

Written defamatory statement (letter, photo, radio)

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12
Q

Complete defense for defamation

A

Truth

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13
Q

Supreme Court case made a ruling on Defamation of Character in regards to famous people?

A

New York Times v. Sullivan

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14
Q

A tort is a

A

civil wrong that is the basis for a legal cause of action

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15
Q

What is the correct name for a no-contest clause?

A

in terrorem clause

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16
Q

Proximate cause has to do with the ____

A

foreseeability of the risk

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17
Q

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

A

assault

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18
Q

False Imprisonment

A

intentional confinement of another person without justification

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19
Q

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

A

battery

there does not have to be direct contact

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20
Q

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

A

Assumption of the Risk

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21
Q

Name 7 Intentional Torts Against Persons

A
  1. A - Assault
  2. B - Battery
  3. D - Defamation of Character
  4. F - False Imprisonment
  5. I - Intentional Infliction of Emotional Distress (IIED)
  6. I - Invasion of the Right to Privacy
  7. M - Misappropriation of the Right to Publicity
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22
Q

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

A

strictly liable

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23
Q

If a defamatory statement is oral, it’s called ____

A

slander

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24
Q

The thing speaks for itself

A

Res Ipsa Loquitor

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25
Q

Damages apportioned according to fault

A

Comparative Negligence

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26
Q

SOL begins when the plaintiff discovers the injury

A

Discovery Rule

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27
Q

Reasonable Person Standard

A

how an objective, careful, and conscientious person would have acted in the same circumstance

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28
Q

The law protects a person from ?

A
  1. unauthorized touching
  2. restraint
  3. other contact
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29
Q

R - reasonable
A - apprehension of
I - imminent
H - harm

A

The term used if someone makes you think he or she is about to hurt you, and it is an assault tort.

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30
Q

A.L.R.

A

American Law Reports

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31
Q

IOLTA

A

Interest on Lawyer’s Trust Account

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32
Q

In Texas, who gets the IOLTA money?

A

Texas State Bar

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33
Q

Four elements of negligence tort

A
  1. duty of care
  2. breach of duty
  3. plaintiff injured due to breach
  4. breach caused the injury
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34
Q

When trying to determine the cause-in-fact in a negligence suit, the court will use ___ test.

A

“but for” test

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35
Q

If the “but for” test fails, the court will use the ___ test

A

substantial factor

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36
Q

To give someone the power to make a financial decision for you, you execute a

A

Durable POA

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37
Q

A provision in a will that indicates that a beneficiary cannot grant his interest in a future inheritance to a creditor is called a ___

A

spendthrift provision

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38
Q

If the executor lives out of state, what must be appointed?

A

R - registered
A - agent for
S - service of
P - process

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39
Q

A contract is a

A

legal enforceable agreement

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40
Q

All contracts must have four elements

A
  1. Agreement
    a. offer
    b. acceptance
  2. Consideration
  3. Capacity
  4. Lawful object
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41
Q

Consideration is __

A

bargained-for exchange

every contract must have consideration

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42
Q

Why aren’t gratuitous promises enforceable?

A

no consideration

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43
Q

One way in which an offer is terminated?

A

counteroffer

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44
Q

Statute of Frauds

A

K for land
K for goods over $500
K that cannot be fulfilled in one year
K to pay the debits of another

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45
Q

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

A

it must be in writing

46
Q

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

A

Expressed Contract

47
Q

Living Will

A

is sometimes called a

Directive to Physicians

48
Q

Negligence is a failure to exercise

A

a duty of reasonable care

49
Q

SOL on a legal malpractice case?

A

4 years

50
Q

What damages are used to punish the defendant?

A

Punitive Damages

51
Q

What two categories are compensatory damages?

A

Economic

Non-Economic

52
Q

Punitive damages are sometimes called

A

Exemplary damages

53
Q

Negligence is failure to exercise

A

ordinary care

54
Q

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

A

reasonable care

55
Q

Comparative Negligence

A

plf who is partially at fault for injury cannot recover against the defendant

56
Q

Partial Comparative Negligence

A

when the damages are apportioned according to fault and if the plf is 50% or more at fault then they will get nothing

57
Q

Contributory Negligence

A

when damages are apportioned if the plf has any percentage of negligence then he gets nothing

58
Q

If I intend to hit one person, but accidentally hit another instead, what applies?

A

the Doctrine of Transferred Intent

59
Q

if someone attempts to use my name or personality commercially without my permission, that may be the tort of

A

misappropriation of the right TO publicity

60
Q

If I sue for misappropriation of the right TO publicity, what two things might I be entitled to get?

A
  1. recover unauthorized profits

2. obtain an injunction

61
Q

If a person’s extreme and outrageous conduct initially causes severe emotional distress to someone else, that might be

A 
Intentional
Infliction of
Emotional
Distress
(IIED)
62
Q

What is the interference with an owner’s right to exclusive possession of land called?

A

Trespass to Land

63
Q

When a person injures, or interferes with the enjoyment of, another person’s property, that could be the tort of ___

A

trespass to personal property

64
Q

Failure to exercise care is called ___

A

breach

65
Q

Contracts may be stated in oral or written words

A

Expressed Contract

66
Q

Preponderance of the evidence means

A

standard of proof

- proof that is more likely than not

67
Q

Invitees and licensees are owed a duty of

A

ordinary care

68
Q

Difference between damage and damages

A

damage - is the actual harm done

damages - the money awarded

69
Q

what kind of case it in the mock trial, in terms of its subject matter?

A

trespass to personal property

70
Q

Name 3 kinds of damages.

A

Punitive
Speculative
Statutory

71
Q

Two broad categories of property are __ and __

A

personal property

real property

72
Q

An unintentional tort is called a

A

negligence tort

73
Q

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

A

licensees
invitees
trespassors

74
Q

The SOL for personal injury claims

A

2 years

75
Q

___ damages are sometimes called actual damages.

A

Compensatory damages

76
Q

Compensatory damages are often divided into ___ and ___ damages

A

economic

non-economic

77
Q

The purpose of punitive damages is to ____

A

punish the defendant

78
Q

____ damages are sometimes called future damages

A

speculative

79
Q

___ damages are set by law.

A

statutory

80
Q

SOL for probating a will?

A

4 years

81
Q

A ___ appoints another person to handle your funeral and what happens to your body.

A 
A - Appointment of
A - Agent to
C - Control
D- Disposition of
R - Remains
82
Q

Things like bank accounts and life insurance policies that pass outside the will are called

A

non-probate assets

83
Q

A person who is named in a will as a person who will get a sum of money or tangible property is called a

A

beneficiary

84
Q

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

A

writ of execution

85
Q

Three kinds of warranties:

A

Expressed Warranty
Implied Warranty
Special Statutory Warranty

86
Q

Of the 3 warranties, which kind is the warranty booklet that came with my washing machine?

A

Expressed Warranty

87
Q

___ - buyer has the right to take the goods free of claim from anyone else.

A

warranty of title

88
Q

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

A

Warranty of merchantability

89
Q

In a lease situation, a ___ the place is suitable for living.

A

Warranty of habitability

90
Q

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

A

Warranty of fitness for a particular purpose

91
Q

BBB stands for

A

Better

Business Bureau

92
Q

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

A

Warranty of good and workmanlike services

93
Q

On mail, RRR stands for

A

Return Receipt Requested

94
Q

The Texas Lemon Law is an example of ___

A

Special Statutory Warranty

95
Q

DTPA stands for

A

Deceptive Trade
Practices (MUST HAVE THE “S”)
Act

96
Q

Who does the DTPA protect?

A

consumers

97
Q

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

A

60 days

98
Q

Breach of peace is synonymous with

A

disorderly conduct

99
Q

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

A

Picking a lock to gain entry

100
Q

Does a creditor have to give notice before repossession?

A

No

101
Q

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

A

redeem the possession

102
Q

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

A

Yes, if a balance is still due.

103
Q

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

A

Fair Credit Reporting Act

104
Q

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

A

E - Equal
C - Credit
O - Opportunity
A - Act

105
Q

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

A

T - Texas
D - Debt
C - Collection
A - Act

106
Q

What federal law does the same thing?

A 
F - Federal 
F - Fair 
D - Debt 
C - Collection 
P - Practices 
A - Act
107
Q

Can a debt collector garnish my paycheck for consumer debt?

A

No

108
Q

PIP stands for

A

Personal Injury Protection

109
Q

UM stands for

A

Uninsured/Underinsured Motorist

110
Q

DRC stands for

A

Dispute Resolution Center

111
Q

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

A

21 days, if no appeal filed

112
Q

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

A

an abstract of judgment

Paralegal (28 decks)

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