Test 3

Question 1

1. Law developed by judges through opinions issued when deciding cases is called ___________________,as opposed to written laws enacted by state or federal legislative branches, which are called

Answer 1

case law statutes

Question 2

2. The fundamental law of the United States is the ____________________________.

Answer 2

United States Constitution

Question 3

3. A compact between two or more nations that is ratified by the Senate is a _____________________________, and if it is not ratified by the Senate, it is called an _________________________________

Answer 3

Treaty Executive Agreement

Question 4

4. Stare decisis is Latin for _______________________________________. It means the reluctance of the court to ignore ____________________________.

Answer 4

Stand by the decision precedent

Question 5

5. The first ten amendments to the Constitution are called _______________________________________________________.

Answer 5

The Bill of Rights

Question 6

6. Under what circumstance does federal law trump state law? _____________________________________________________________________________.

Answer 6

When the two conflict

Question 7

7. The highest civil court in Texas is called the ______________________________ and the highest criminal court in Texas is called the ___________________________________________________

Answer 7

Texas Supreme Court Texas Court of Criminal Appeals

Question 8

8. How many intermediate appellate courts are in Texas? _______________

Answer 8

14

Question 9

9. How many are in Houston? _____________

Answer 9

2

Question 10

10. Which one(s)? ________________

Answer 10

1 and 14

Question 11

11. Federal courts of appeal are divided into regions, known as _____________________________; Texas is in the ________ region.

Answer 11

circuits 5th

Question 12

12. Federal trial courts are called ______________________________________.

Answer 12

United States District Courts

Question 13

13. One kind of opinion of the Supreme Court can issue is a majority opinion. Name the other three: __________________________________, _______________________________, and _____________.

Answer 13

Unanimous Plurality Tie

Question 14

14. A petition asking the U.S. Supreme Court to hear a case is called a _____________________________________ and the official notice that the Supreme Court will review a case is called a__________

Answer 14

Petition for Certiorari Writ of Certiorari

Question 15

15. To bring a lawsuit, the plaintiff must have ___________________________.

Answer 15

standing

Question 16

16. The fundamental law of a City is its _________________________.

Answer 16

Charter

Question 17

17. There are _________ civil County Courts at Law in Harris County.

Answer 17

4

Question 18

18. Guardianship cases in Harris County are handled in its ________________________________ courts.

Answer 18

probate

Question 19

19. Small claims courts in Texas are presided over by __________________________ _______________________.

Answer 19

justice of the peace

Question 20

20. In Justice Courts, the amount in controversy may not exceed _________________.

Answer 20

$10,000.00

Question 21

21. ____________________________ is the power or authority for a court to act.

Answer 21

jurisdiction

Question 22

22. The court’s power over a person is called ______________________________.

Answer 22

in personam jurisdiction

Question 23

23. The court’s power over a thing located in a geographic area over which it has control is called __________________________________________________.

Answer 23

in rem jurisdiction

Question 24

24. The statutes of a city are called _______________________________.

Answer 24

ordinances

Question 25

25. The three rules sections of O’Connor’s are called (words, not abbreviations): ______________________________________________________________________________________________

Answer 25

Texas Rules of Evidence, Appellate Procedure, Civil Procedure

Question 26

26. Long ago, legal issues were decided in one of three ways: trial by ordeal, wager of law, or ______________________________________.

Answer 26

Confligration

Question 27

27. Which federal courts have the power to probate a will? ___________________________

Answer 27

None. State Courts handle Probate

Question 28

28. Other than federal judges serving in Texas, what kinds of judges in Texas are not elected? ____________________________________________________

Answer 28

Municipal judges

Question 29

29. What 3 words start every session of the U.S. Supreme Court? ________________________________________________________________________

Answer 29

Oyez, Oyez, Oyez

Question 30

30. Name two U.S. Courts with specialized jx: _____________________________________ and ____________________________________________________________________.

Answer 30

Federal tax court and Federal Bankruptcy Court

Question 31

31. If the President vetoes a bill from Congress, what can Congress do about it? __________________________________________________________________________________________________.

Answer 31

Rewrite and send it back to President with 2/3 vote

Question 32

32. The first half of O’Connor’s is called the ______________________________________.

Answer 32

Commentaries

Question 33

33. Explain diversity of Citizenship relative to federal court jurisdiction.

Answer 33

Parties from 2 different states, state and different country and amount in controversy is $75,000 or more.