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Indiana Real Estate Broker > Section 2: Indiana Real Estate Law > Flashcards

Section 2: Indiana Real Estate Law Flashcards

1
Q

Constitutional law

A

Regulates government action

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2
Q

Supreme source of constitutional law?

A

US Constitution

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3
Q

True or False

State constitutions can supersede the US Constitution

A

False

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4
Q

True or False

The US Constitution is the basis for all state constitutions

A

True

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5
Q

Statutory law

A

Regulates private/individual action

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6
Q

True or False

Statutory law is superior to constitutional law

A

False

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7
Q

Examples of Federal statutes

A

Mortgage lending, environmental laws, civil rights

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8
Q

Who enacts Federal statutes?

A

Congress

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9
Q

Administrative laws and ordinances

A

Govern the creation and operation of public regulatory agencies (boards, commissions, departments)

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10
Q

Examples of ordinances

A

Zoning and building codes

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11
Q

Who enacts ordinances?

A

Local governments, but cannot conflict with state or federal law

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12
Q

Case law

A

establishes legal precedent as a result of the court’s interpretation of other sources of law

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13
Q

True or False

Case law CANNOT be used to modify or overturn other sources of law

A

FALSE. case law CAN be used to modify or overturn other sources of law

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14
Q

What is the US Supreme Court’s primary purpose?

A

To review decisions made by the lower courts

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15
Q

What are the Circuit Courts?

A

13 court of appeals organized by geographic regions of the US. Each circuit is comprised of several states. Each circuit has its own court, primarily reviewing the decisions of the courts below them. Courts 1-11 are Geo based, Court 12 is D.C., and Court 13 is a Federal court which hears appeals for patents, trademarks, veteran’s affairs, and international trade.

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16
Q

What are District Courts?

A

Courts that are lower than the Circuit courts. Districts are inside of the circuits. Each state has at least 1 district. Each district has a court for that district, and reviews decisions made by lower courts.

17
Q

Circuit courts can hear appeals from districts outside of their jurisdiction.

A

FALSE. Circuit courts can only hear appeals from courts within their districts.

18
Q

What is unique about the 13th Circuit Court?

A

It is a Federal court and does not hear cases based on geography, but based on subject matter. It takes cases for: patents, trademarks, veteran’s affairs, int’l trade, and anything else that is of federal significance

19
Q

What is the hierarchy of the US Court system?

A

Lowest to highest: Trial courts (districts) > appellate courts (Circuits) > US Supreme court

20
Q

What cases does the US Bankruptcy Court take?

A

Bankruptcy. There is one bankruptcy court per district.

21
Q

What cases does the US Court of International Trade take?

A

Cases involving international trade disputes

22
Q

What cases does the US Court of Federal Claims take?

A

Cases involving monetary claims against the US government, such as tax refund suits or government contract disputes

23
Q

What is the highest court in Indiana?

A

Indiana Supreme Court

24
Q

How many justices serve on the Indiana Supreme Court?

A

5, but the General Assembly can add up to 8

25
Q

What cases does the Indiana Supreme Court take?

A

Appeals involving death penalty or life incarceration without parole, state or federal statutes declared unconstitutional, parental consent waivers for abortions, and lower court orders involving funds.

26
Q

What additional duties does the Indiana Supreme Court have?

A
  • Admits attorneys to law practice
  • Disciplines and disbars attorneys
  • Disciplines, removes, and oversees retirement of judges
  • Handles the unauthorized practice of law
27
Q

What is the structure of Indiana’s Court of Appeals?

A

5 appellate court districts, each with a panel of 3 judges who rotate through the districts (15 judges total).

28
Q

What is the structure of Indiana’s trial courts?

A

Trial courts include circuit and superior courts. There are 315 judges in these courts. Indiana’s 92 counties are grouped into 26 districts.

29
Q

What are Indiana’s other courts?

A

Tax court - 1 judge hears cases pertaining to state tax laws
Small claims court - only Marion county has a dedicated Small claims court, which hears cases where damages do not exceed $8k
City courts - oversee jury trials for torts, contract cases, small claims, misdemeanors, and traffic cases
Town courts - hear misdemeanor jury trials and traffic cases

30
Q

What court hears this case?

Inheritance tax appeal

A

Tax court

31
Q

What court hears this case?

Domestic violence case

A

Trial court

32
Q

What court hears this case?

Contract dispute over a $2k landscaping contract

A

City court

33
Q

What court hears this case?

Civil lawsuit for $2k in damages from a car accident

A

Small claims court

34
Q

Indiana’s superior and circuit courts are collectively known as…

A

trial courts

Indiana Real Estate Broker (2 decks)

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