Mixed Deck — All CP Topics Flashcards

What is a power of attorney and how many types are there?

Answer: A legal document authorizing someone to act on another's behalf; types include general, limited, durable, and springing

A power of attorney authorizes an agent to act on the principal's behalf, with several types serving different purposes.

In administrative enforcement, what is a consent decree?

Answer: A court-approved settlement between a regulatory agency and a regulated party resolving an enforcement action

A consent decree is a court-approved settlement agreement between a regulatory agency and a private party under enforcement action, binding both sides to specific terms and enforceable as a court order without requiring a full trial.

What is the legal significance of a 'no-fault' divorce ground such as irreconcilable differences or irretrievable breakdown of the marriage?

Answer: It allows a court to grant divorce based solely on the marriage being broken, without requiring either spouse to prove fault or wrongdoing

No-fault divorce grounds allow either spouse to obtain a divorce by showing the marriage has broken down irremediably, eliminating the need to prove adultery, cruelty, or other fault grounds.

Which document formally begins a civil lawsuit?

Answer: A complaint

A complaint is the initial pleading filed by the plaintiff that sets forth the claims and requests relief.

What is the difference between Westlaw Edge and Westlaw Classic?

Answer: Edge is current with AI-enhanced features like litigation analytics and Precision, Classic was the previous version

Westlaw Edge includes AI-powered features like Precision searching, litigation analytics, and advanced data analytics.

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which state has jurisdiction to make the initial custody determination?

Answer: The child's 'home state,' where the child has lived for at least six consecutive months before the proceeding

The UCCJEA grants exclusive jurisdiction to the child's home state (where the child has lived for six consecutive months) to make initial custody determinations.

Under the doctrine of adverse possession, which element requires that the possessor's use of the land be inconsistent with the true owner's rights?

Answer: Hostile

The hostile element requires that possession be without the owner's permission and inconsistent with the owner's title rights.

Which of the following BEST describes the principle of stare decisis?

Answer: The doctrine that requires courts to follow precedent when deciding cases.

Stare decisis, a Latin term meaning 'to stand by things decided,' is the legal principle that obligates courts to follow historical cases when making a ruling on a similar case. It ensures that the law is predictable and consistent.

What types of damages are available in personal injury cases?

Answer: Compensatory damages (economic and non-economic) and sometimes punitive damages

Plaintiffs may recover compensatory damages (medical bills, lost wages, pain and suffering) and sometimes punitive damages for egregious conduct.

What is federalism in the U.S. legal system?

Answer: A system dividing power between a central federal government and individual state governments

Federalism is the constitutional division of power between the federal government and the states.

What ethical issues arise when a paralegal changes law firms?

Answer: Potential conflicts from confidential information requiring disclosure and possible ethical screening

A paralegal changing firms may carry confidential information creating potential conflicts requiring screening.

After a jury returns a verdict in favor of the plaintiff for an amount the defendant believes is excessively high and not supported by the evidence, the defendant's attorney files a motion asking the judge to reduce the damages awarded. This post-trial motion is known as a:

Answer: Motion for remittitur

A motion for remittitur is a post-trial motion filed by a defendant arguing that the damages awarded by the jury were excessive and not supported by the evidence, asking the judge to reduce the award. A motion for additur, which is less common, asks the court to increase the damages. A motion for a new trial asks for a complete retrial, and a motion to set aside judgment seeks to nullify the court's final decision.

A seller has a valid contract to sell a house but dies before closing. Under the doctrine of equitable conversion, who bears the risk of loss if the house burns down before closing?

Answer: The buyer, because equity treats the buyer as the owner once the contract is signed

Under equitable conversion, once a binding sale contract is executed, equity treats the buyer as the owner of the real property, placing the risk of loss on the buyer.

What is the meaning of 'conflict of interest' for attorneys?

Answer: An attorney cannot represent a client if it creates a conflict of interest

A conflict of interest occurs when an attorney's ability to represent a client is compromised due to personal, financial, or professional considerations that conflict with the interests of the client.

For a defendant to be convicted of common law larceny, the prosecution must prove the *actus reus*, which is the physical act of wrongfully taking another's property. What corresponding *mens rea* (mental state) must also be proven?

Answer: The intent to permanently deprive the owner of the property

Common law larceny requires the specific intent (*mens rea*) to permanently deprive the owner of their property. Simply taking property without permission but intending to return it would not satisfy the mental state required for a larceny conviction. The intent must be to steal it for good.

What is the right to a speedy trial under the Sixth Amendment?

Answer: A right requiring trials within a reasonable time, with no fixed limit

The Sixth Amendment guarantees a speedy trial but courts use a balancing test rather than fixed time limits.

What is the attractive nuisance doctrine?

Answer: A doctrine holding landowners liable for injuries to trespassing children from artificial conditions likely to attract children

The attractive nuisance doctrine imposes heightened duty to protect child trespassers from dangerous artificial conditions.

In a personal injury lawsuit in a state that follows the doctrine of pure comparative negligence, a jury finds the plaintiff was 70% at fault for their own injuries and the defendant was 30% at fault. The total damages are determined to be $100,000. Which of the following outcomes is correct?

Answer: The plaintiff recovers $30,000.

Under a pure comparative negligence system, a plaintiff's damages are reduced by their own percentage of fault, but they can still recover even if they are mostly at fault. In this case, the total damages of $100,000 are reduced by the plaintiff's 70% fault ($70,000), allowing them to recover the remaining 30% ($30,000) from the defendant.

What is 'professional competence' in legal practice?

Answer: An attorney must handle matters competently based on their training and experience

'Professional competence' means that an attorney must have the necessary skills, knowledge, and experience to handle legal matters competently and diligently.

A property owner in a community property state dies without a will. Under community property rules, what happens to the half of the community property owned by the deceased spouse?

Answer: It is distributed according to the state's intestate succession laws

In community property states, each spouse owns one-half of community property; when one dies intestate, their half is distributed under intestacy statutes, not automatically to the survivor.