Latest Update 2025-2026 Exam 190 Questions
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Actual Authority - CORRECT ANSWER: Authority under which the agent reasonably
believes that her actions are within the scope of authority given to her by the principal
Actual Harm - CORRECT ANSWER: Clear and convincing proof of physical or
emotional injury to a person
Administrative Agencies - CORRECT ANSWER: Governmental agencies that have the
authority to create laws, rules, and regulations to carry out the responsibilities of
government
Administrative Law - CORRECT ANSWER: The body of law created by administrative
agencies (in the form of rules, regulations, orders, and decisions) in order to carry out
their duties and responsibilities.
Affirm - CORRECT ANSWER: The appellate court can agree with the lower court's
decision
Agency Agreement - CORRECT ANSWER: The oral or written agreement that
formalizes the relationship between an agent and a principal
Agency Law - CORRECT ANSWER: The law that applies to and explains the
relationship between principal and agent. Agency law specifically defines the rights and
responsibilities of both principals and agents, the authority of the agent as he works for
the principal, and the creation of the agency relationship itself
,Agency Relationship - CORRECT ANSWER: The relationship between the principal and
the agent
Answer - CORRECT ANSWER: The response of a defendant to a complaint (accusation
of wrongdoing)
Apparent Authority - CORRECT ANSWER: A situation in which the principal allows a
situation to exist that may mislead others about the agent's actual authority. In these
situations, a third party may be able to rely on the agent's actions to hold the principal
accountable
Appellate Court - CORRECT ANSWER: An appeal is a formal request to a higher court
to review the lower court's decision. These review courts are known as appellate courts
Appropriation - CORRECT ANSWER: The use, without permission and for one's own
benefit, of the name, likeness, or other identifying characteristics of another person
Assault - CORRECT ANSWER: An intentional tort involving the believable threat of a
harmful or offensive touching of another
Assumption of Risk - CORRECT ANSWER: A defense to negligence recognized by
some jurisdictions when the three elements are met
Avoidance - CORRECT ANSWER: Eliminating the risk altogether
Battery - CORRECT ANSWER: An intentional tort involving the harmful or offensive
touching of another
Breach of Duty - CORRECT ANSWER: A failure to act in a reasonable manner for the
safety of others; a failure to meet the standard of care
, Breach of Warranty - CORRECT ANSWER: The failure to uphold an express or implied
promise to abide by certain terms and conditions relevant to the sale or lease of goods
Case Law - CORRECT ANSWER: Published legal decisions decided in a court of law
by a judge or jury
Causation - CORRECT ANSWER: The connection between an act (or failure to act) and
harm
Cause in Fact - CORRECT ANSWER: But for the act (or failure to act), the injury would
not have occurred
Cause of Action - CORRECT ANSWER: Circumstances that give rise to a lawsuit; often
used interchangeably with the term lawsuit
Civil Law - CORRECT ANSWER: A category of law in which monetary damages are
often claimed because of an act or failure to act by another that results in harm to
persons or property. Plaintiff vs Defendant
Common Law (Stare Decisis) - CORRECT ANSWER: A legal principle that requires
courts to respect prior decisions, generally stand by them, and not disturb the law
unless necessary
Comparative Negligence - CORRECT ANSWER: A defense to negligence whereby
some degree of fault and subsequent monetary damages are shifted away from the
defendant. In a pure comparative negligence jurisdiction, the defendant is liable only for
the proportion of fault attributed to himself
Compensatory Damages - CORRECT ANSWER: Damages (money) awarded by a
court to compensate a defendant for the actual value of injuries or damages that she
experiences