Week 5 Monday (Nov. 30) Test - Consumer Law, Torts, Crts, Mock Trial Flashcards
Texas Secretary of State
Carlos Cascos
Texas Comptroller
Glenn Hegar
Texas Supreme Court Chief Justice
Chief Justice Nathan L. Hecht
Texas Supreme Court Associate Justices
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
Texas Court of Criminal Appeals Judges
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
Texas Attorney General
Ken Paxton
Merchant Protection Statutes
Allows shopkeepers to SID suspected shoplifters w/out being held liable for false imprisonment
Under what circumstances do Merchant Protection Statutes apply?
- Reasonable investigation in a reasonable manner
- Reasonable suspicion of the suspect
- Reasonable amount of time (done for a)
Defamation of Character
act of harming the reputation of another by making a false statement to a third party
Slander
Oral defamatory statement
Libel
Written defamatory statement (letter, photo, radio)
Complete defense for defamation
Truth
Supreme Court case made a ruling on Defamation of Character in regards to famous people?
New York Times v. Sullivan
A tort is a
civil wrong that is the basis for a legal cause of action
What is the correct name for a no-contest clause?
in terrorem clause
Proximate cause has to do with the ____
foreseeability of the risk
The threat of immediate physical harm may constitute the civil tort of ____
assault
False Imprisonment
intentional confinement of another person without justification
The unauthorized offensive or harmful touching of someone may constitute the civil tort of ______.
battery
there does not have to be direct contact
If you know and voluntarily enter into or participate in a risky activity, what is the legal term for that?
Assumption of the Risk
Name 7 Intentional Torts Against Persons
- A - Assault
- B - Battery
- D - Defamation of Character
- F - False Imprisonment
- I - Intentional Infliction of Emotional Distress (IIED)
- I - Invasion of the Right to Privacy
- M - Misappropriation of the Right to Publicity
All parties in the chain of distribution are ___ for injuries caused by a defective product.
strictly liable
If a defamatory statement is oral, it’s called ____
slander
The thing speaks for itself
Res Ipsa Loquitor
Damages apportioned according to fault
Comparative Negligence
SOL begins when the plaintiff discovers the injury
Discovery Rule
Reasonable Person Standard
how an objective, careful, and conscientious person would have acted in the same circumstance
The law protects a person from ?
- unauthorized touching
- restraint
- other contact
R - reasonable
A - apprehension of
I - imminent
H - harm
The term used if someone makes you think he or she is about to hurt you, and it is an assault tort.
A.L.R.
American Law Reports
IOLTA
Interest on Lawyer’s Trust Account
In Texas, who gets the IOLTA money?
Texas State Bar
Four elements of negligence tort
- duty of care
- breach of duty
- plaintiff injured due to breach
- breach caused the injury
When trying to determine the cause-in-fact in a negligence suit, the court will use ___ test.
“but for” test
If the “but for” test fails, the court will use the ___ test
substantial factor
To give someone the power to make a financial decision for you, you execute a
Durable POA
A provision in a will that indicates that a beneficiary cannot grant his interest in a future inheritance to a creditor is called a ___
spendthrift provision
If the executor lives out of state, what must be appointed?
R - registered
A - agent for
S - service of
P - process
A contract is a
legal enforceable agreement
All contracts must have four elements
- Agreement
a. offer
b. acceptance - Consideration
- Capacity
- Lawful object
Consideration is __
bargained-for exchange
every contract must have consideration
Why aren’t gratuitous promises enforceable?
no consideration
One way in which an offer is terminated?
counteroffer
Statute of Frauds
K for land
K for goods over $500
K that cannot be fulfilled in one year
K to pay the debits of another
What is required if the contract is covered by the statute of frauds?
it must be in writing
A contract, the terms of which are either written or oral, is called an
Expressed Contract
Living Will
is sometimes called a
Directive to Physicians
Negligence is a failure to exercise
a duty of reasonable care
SOL on a legal malpractice case?
4 years
What damages are used to punish the defendant?
Punitive Damages
What two categories are compensatory damages?
Economic
Non-Economic
Punitive damages are sometimes called
Exemplary damages
Negligence is failure to exercise
ordinary care
Landowners owe a duty of ___ to people who are invited to come on their land.
reasonable care
Comparative Negligence
plf who is partially at fault for injury cannot recover against the defendant
Partial Comparative Negligence
when the damages are apportioned according to fault and if the plf is 50% or more at fault then they will get nothing
Contributory Negligence
when damages are apportioned if the plf has any percentage of negligence then he gets nothing
If I intend to hit one person, but accidentally hit another instead, what applies?
the Doctrine of Transferred Intent
if someone attempts to use my name or personality commercially without my permission, that may be the tort of
misappropriation of the right TO publicity
If I sue for misappropriation of the right TO publicity, what two things might I be entitled to get?
- recover unauthorized profits
2. obtain an injunction
If a person’s extreme and outrageous conduct initially causes severe emotional distress to someone else, that might be
Intentional Infliction of Emotional Distress (IIED)
What is the interference with an owner’s right to exclusive possession of land called?
Trespass to Land
When a person injures, or interferes with the enjoyment of, another person’s property, that could be the tort of ___
trespass to personal property
Failure to exercise care is called ___
breach
Contracts may be stated in oral or written words
Expressed Contract
Preponderance of the evidence means
standard of proof
- proof that is more likely than not
Invitees and licensees are owed a duty of
ordinary care
Difference between damage and damages
damage - is the actual harm done
damages - the money awarded
what kind of case it in the mock trial, in terms of its subject matter?
trespass to personal property
Name 3 kinds of damages.
Punitive
Speculative
Statutory
Two broad categories of property are __ and __
personal property
real property
An unintentional tort is called a
negligence tort
Landowner liability depends on the status of the visitor. What are the three categories of visitors?
licensees
invitees
trespassors
The SOL for personal injury claims
2 years
___ damages are sometimes called actual damages.
Compensatory damages
Compensatory damages are often divided into ___ and ___ damages
economic
non-economic
The purpose of punitive damages is to ____
punish the defendant
____ damages are sometimes called future damages
speculative
___ damages are set by law.
statutory
SOL for probating a will?
4 years
A ___ appoints another person to handle your funeral and what happens to your body.
A - Appointment of A - Agent to C - Control D- Disposition of R - Remains
Things like bank accounts and life insurance policies that pass outside the will are called
non-probate assets
A person who is named in a will as a person who will get a sum of money or tangible property is called a
beneficiary
What can the court issue that will allow the constable to seize and sell the defendant’s property?
writ of execution
Three kinds of warranties:
Expressed Warranty
Implied Warranty
Special Statutory Warranty
Of the 3 warranties, which kind is the warranty booklet that came with my washing machine?
Expressed Warranty
___ - buyer has the right to take the goods free of claim from anyone else.
warranty of title
____ - thing is fit for the ordinary purpose for which goods of that kind are used.
Warranty of merchantability
In a lease situation, a ___ the place is suitable for living.
Warranty of habitability
___ - if the seller knows that the buyer intends to use the goods in some specific way, the goods must be fit for that purpose.
Warranty of fitness for a particular purpose
BBB stands for
Better
Business Bureau
___ guarantees that services are rendered in a competent, effective way so that the consumer gets the service for which he bargained.
Warranty of good and workmanlike services
On mail, RRR stands for
Return Receipt Requested
The Texas Lemon Law is an example of ___
Special Statutory Warranty
DTPA stands for
Deceptive Trade
Practices (MUST HAVE THE “S”)
Act
Who does the DTPA protect?
consumers
How many days notice are required before filing suit under the DTPA?
60 days
Breach of peace is synonymous with
disorderly conduct
Name one thing that Texas courts have considered to be a breach of the peace:
Picking a lock to gain entry
Does a creditor have to give notice before repossession?
No
If I manage to get my car back after the repossession, what is the word for that?
redeem the possession
Is there any way I have to keep paying for the car after it’s been repossessed?
Yes, if a balance is still due.
What law required a business to give me notice of the reason for denial of credit?
Fair Credit Reporting Act
What law says that you can’t be denied credit based on gender, race, or age?
E - Equal
C - Credit
O - Opportunity
A - Act
What Texas law limits the way in which a creditor can contact me?
T - Texas
D - Debt
C - Collection
A - Act
What federal law does the same thing?
F - Federal F - Fair D - Debt C - Collection P - Practices A - Act
Can a debt collector garnish my paycheck for consumer debt?
No
PIP stands for
Personal Injury Protection
UM stands for
Uninsured/Underinsured Motorist
DRC stands for
Dispute Resolution Center
If you get a judgment awarded in small claims court, when is the judgment final?
21 days, if no appeal filed
If it’s not paid promptly, what should a consumer request the court to prepare?
an abstract of judgment
