Lawyer Terms & Vocab. 3 — Questions and Answers
Question 1: What is 'subrogation' in insurance and tort law?
- The substitution of one party for another to pursue a legal claim (Correct answer)
- A judge's power to dismiss a case
- The right of a debtor to reclaim exempt property
- An attorney's lien on a client's recovery
Correct answer: The substitution of one party for another to pursue a legal claim
Subrogation allows an insurer who has paid a claim to step into the insured's shoes and sue the responsible third party.
Question 2: What does 'quantum meruit' mean?
- As much as he has deserved — compensation for services rendered (Correct answer)
- The quantity of evidence needed for conviction
- A measure of damages in contract breach
- An equitable remedy requiring specific performance
Correct answer: As much as he has deserved — compensation for services rendered
Quantum meruit is an equitable doctrine allowing recovery of the reasonable value of services rendered when no express contract governs payment.
Question 3: Which doctrine holds that an employer is liable for torts committed by employees within the scope of employment?
- Contributory negligence
- Respondeat superior (Correct answer)
- Assumption of risk
- Comparative fault
Correct answer: Respondeat superior
Respondeat superior ('let the master answer') makes employers vicariously liable for employees' negligent acts performed during employment.
Question 4: What is an 'easement appurtenant'?
- An easement that benefits a neighboring parcel of land and runs with the land (Correct answer)
- A personal right to use another's land that cannot be transferred
- A government taking of private property
- A restrictive covenant on land use
Correct answer: An easement that benefits a neighboring parcel of land and runs with the land
An easement appurtenant benefits a dominant estate and automatically transfers when either parcel is sold.
Question 5: What is 'promissory estoppel'?
- A doctrine enforcing a promise that was reasonably relied upon even without consideration (Correct answer)
- A bar to suit based on a prior inconsistent statement
- An implied term in a written contract
- A method of calculating expectation damages
Correct answer: A doctrine enforcing a promise that was reasonably relied upon even without consideration
Promissory estoppel prevents a promisor from reneging on a promise when the promisee reasonably relied on it to their detriment.
Question 6: What does 'mens rea' refer to in criminal law?
- The physical act of committing a crime
- The guilty mind or criminal intent required for most offenses (Correct answer)
- The formal charging document
- The defendant's plea at arraignment
Correct answer: The guilty mind or criminal intent required for most offenses
Mens rea is the mental state required for criminal liability, such as purposely, knowingly, recklessly, or negligently causing harm.
Question 7: In property law, what is 'adverse possession'?
- A landlord's right to retake property from a tenant
- Acquisition of title to land by continuous, open, hostile, and exclusive use for a statutory period (Correct answer)
- A court-ordered sale of disputed property
- A lien placed on property for unpaid taxes
Correct answer: Acquisition of title to land by continuous, open, hostile, and exclusive use for a statutory period
Adverse possession allows a trespasser to gain legal title after occupying land openly and continuously in a manner inconsistent with the owner's rights.
Lawyer Terms & Vocab. 3
What is 'subrogation' in insurance and tort law?