Foundations of American Law
Wis. Stat. 801.09(2)(a)2, which provides that a defendant who is the state or an officer, agent, employee, or agency of the state has 45 days to answer a civil complaint, is an example of:
A: Substantive law
B: Procedural Law
C: Common law
B: Procedural law
The duty of lawyers and officers of the court to avoid conduct that undermines the integrity of the adjudicative process. Sometimes discussed as the duty to be transparent and honest with the court.
Is it possible for one individual to behave in a manner that is both negligent and intentional?
No. Those are mutually exclusive concepts under the law of torts.
Is "a significant loss of money or property" an element of the defense of fraud in a contract action?
No. The elements are:
Intent to deceive
Justifiable reliance
Harm from reliance
Define the right of survivorship in common language.
When one co-owner dies, their interest passes to the surviving co-owner(s).
Which branch of government enacts laws?
The legislative branch.
There is no exception. Only a licensed attorney may render legal advice.
What are the elements of the civil tort of intentional battery?
Defendant contacts the victim
With intent
Without consent
In a manner that causes harm or offense
Define the statute of frauds in common language.
The legal requirement that certain agreements must be in writing in order to be enforceable.
Is Wisconsin a community property state?
What four types of documents are regarded as "pleadings" in Wisconsin?
Complain, Answer, Cross-Claim, Counterclaim
This promulgates the (Wisconsin) Rules of Professional Conduct
The Wisconsin Supreme Court
Strict liability is the doctrine that says that fault need not be proven where certain activities (generally, ultrahazardous activies) harm another.
What happens if the offeree signs a written contract sent to her by the offeror, but changes one small provision before doing so.
The original offeror's offer has terminated; the offeree has made a counteroffer.
The "mickey mouse" logo that Disney uses in association with most of its products and services is an example of a...
The last section of the Borat complaint we reviewed in class ends with a section dedicated to doing what?
Informing the reader of the remedies the plaintiff is seeking
This is responsible for investigating and prosecuting alleged violations of the (Wisconsin) Rules of Professional Conduct
The Wisconsin Office of Lawyer Regulation
What are the four elements of negligence?
Duty
Breach
Causation
Damages (and sometimes injury)
How are the defenses of duress and undue influence distinguishable?
Duress involves the use of threats. Undue influence involves the use of actual authority or trust.
When/how is a copyright created?
When a completed work is reduced to a tangible medium.
What is the source of (from a lawyer's perspective) of our (American) individual rights and liberties?
The Bill of Rights of the U.S. Constitution.
Name three duties lawyers owe to their clients.
The duty of confidentiality.
The duty of loyalty.
The duty to refrain from any actions or inactions that could give rise to a conflict of interest.
The duty of competent representation.
Etc.
Define or explain proximate cause in common language.
A legally sufficient or good enough cause to justify awarding damages or shifting liability/blame.
What are the four basic requirements to form a valid contract?
Agreement
Consideration
Capacity
Legality
What happens to a co-tenant's interest in jointly owned property when that co-tenant passes away?
Her interests are passed to her heirs.