REVIEW – PARA 1100 FINAL EXAM

1. Fear or apprehension of a harmful/offensive contact

2. What is an intentional tort?

3. While Mary is asleep, Ted attempts to strike her. His first attempt fails. However, he is
successful in his second attempt. Analyze these facts to determine which torts, if any,
have occurred.

4. Arnold is a large man, has been trained in various forms of martial arts. Tom, who is
considerably smaller, waves his finger in Arnold’s face during the course of an argument.
Can Arnold bring a claim of assault against Tom?

5. These suits can be brought by consumers for defective products that cause injury to
them, even when the manufacturer is not at fault in designing, manufacturing or
marketing the product.

6. The element of a negligence case that requires a factual connection between the
defendant’s actions and the resultant injuries to the plaintiff.

7. The element of a negligence case that requires that the defendant had some obligation
to the defendant to act in a certain manner or to take precautions to protect the plaintiff
from injury.

8. The implied promise that a product will perform normally and safely.

9. The standard used by the law to determine negligence; the standard that dictates that
the defendant must act in the same manner as a reasonable, prudent professional.

10. The legal term for a person’s ability to create a binding, legal contract by accepting a
valid offer.

11. What effect does a counter-offer have on the underlying offer?

12. A ________________ is one in which a person makes a promise in exchange for an

13. A contract in which one promise is exchanged for another promise.

14. The requirement in a contract that all parties incur some form of legal detriment in
binding themselves to the contractual terms.
15. This statute, originally created in England, requires, as a way to avoid claims of fraud
and deceit, that certain types of contracts must be in writing or they will not be
enforceable.

16. This model code was the result of years of work by business leaders, legal experts and
scholars as an attempt to make the business transactions around the United States uniform
and therefore easier to conduct.

17. Defined as objective evidence that a crime has been or is about to be committed.

18. Which Amendment to the United States Constitution requires a grand jury
presentment before a person can be tried for a capital offense.

19. A court proceeding where the defendant is officially informed of the charges against
him, given a copy of the indictment and usually served with discovery.

20. The name for the process by which both sides of a lawsuit learn the details of other
side’s allegations

21. The branch of government that is often associated with administrative agencies.

22. Which federal document authorizes the creation of administrative agencies?

23. The authority to create an administrative agency can come from which of the
following sources?

24. Who has the power to create the rules and regulations that are used every day in the
business of administrative agencies?

25. Agencies may enforce their rules through which of the following?

26. Which of the following is a difference between real property and personal property?

27. Which type of title in real property has the most rights?

28. Which of the following is considered to be a right associated with fee simple absolute
ownership?

29. The pledge of real property as collateral for a loan.

30. The process of reviewing public records in order to determine the validity of the title
for real estate that is about to be conveyed.

31. What type of deed is most commonly used to convey fee simple absolute ownership
in real property?
32. The right of a joint tenant to take full title to real estate on the death of the other joint
tenant.

33. When a conveyance to two or more parties contains no language about the nature of
the interest held by the two parties, the law presumes which of the following tenancies?

34. The tenancy held by a person for the length of his life and then conveyed to a pre--
determined person.

35. The name of the deed that surrenders any interest held by the grantor and makes no
promises or warranties about quality of that interest.

36. Why is it a dangerous practice for a paralegal to handle the entire closing process?

37. The person who creates a will is referred to as

38. When does a will take effect?

39. A will that is in the testator’s handwriting and bears the testator’s signature

40. Which of the following is not a requirement of a holographic wills?

41. The purpose of this legal requirement of a will is to prove by independent testimony
that the testator had a sound mind at the time that the will was created.

42. A will has the following provision: “I leave all of my property to the one person who
has always stood by me through all of my troubles.” However, the will does not name
this person. Amanda comes forward and claims that she is the person who qualifies under
the will. She even has a letter in her possession that the decedent wrote her ten years ago
that says, “thanks for backing me up.” How is the court likely to rule on Amanda’s
request to receive the testator’s property?

43. A person’s legal residence.

44. A written modification of an existing will

45. The term for a person who dies without a will.

46. A judicial decree dissolving the marriage and putting the parties back into the
position that they were in before the marriage occurred; a declaration that the marriage
was never consummated.

47. A divorce can be based on which of the following grounds?

49. The test used by courts to determine issues in child custody.

51. The monetary support paid by one spouse to the other following the divorce

52. The right to physical possession of the child; the parent who has this right is entitled
to make daily decisions about the child’s clothing, education and discipline

53. The office responsible for registering trademarks

54. Granted when a person or company has created a new invention

55. Who may obtain a patent?

56. Patents that cover mechanical, electrical or other manufacturing processes

57. Bill has an idea for creating limitless power from the sun. He will invent a device that
converts sunlight directly into electricity. He applies for patent. Will he be successful?

58. Which of the following is not one of the criteria for issuing patents?

59. The broad term for the area of law that encompasses copyright, patents and
trademarks.

60. The right, granted to authors and other creators of artistic works, to control who may
publish or reprint those works.

61. The right of non-copyright holders to make limited use of copyrighted material
without permission, such as for comment or criticism.

62. Which of the following is not a step associated with registering a copy right with the
U.S. Copyright Office.

62-65. Compare and contrast patents and trademarks.

66-69. How do courts determine which parent should be given custody of the children?

70-73. Explain the minimum requirements that a will must be meet before it is considered
legally effective.

74-77.What is the function of a codicil and how must it be executed?

82-85. Describe the development and importance of the Statute of Frauds.

86-89. Explain the four, basic elements of a negligence action and provide a brief
description of each.