Examen Flashcards
1
Q
What is Stares Decisis
A
To stand by the decision
2
Q
In Stares Decisis the court ignores…
A
The precedents
2
Q
Under what circumstance does federal law trumps state law?
A
When they are in conflict
3
Q
The first ten amendments of the Constitution are called?
A
The Bill of rights
5
Q
Which amendment has the freedom of speach in it?
A
The First amendment
6
Q
What does the establisment clause do?
A
Prohibits the goverment on establishing a religion or favoring one over the other
7
Q
What does the free exercise do?
A
Prohibits the government from infringing your right to practice free religion
7
Q
Give an example of how the executive branch checks the legislative branch
A
The president can veto a bill
Enforcing the law
8
Q
Give an example of how the legislative branch checks the judicial branch
A
It confirms the judges
9
Q
Give two examples of trial by ordeal in terms of history of juries
A
Hot water
Cold water
Fire
10
Q
How long was the plaintiff in the hospital in the McDonalds case?
A
8 days
11
Q
TRE stands for
A
Texas Rules of Evidence
12
Q
How hot was the coffee in the McDonalds case?
A
185 F
13
Q
How did the jury decide how much to award the plaintiff in the McDonalds case?
A
two days of coffee sales
14
Q
TRCP stands for?
A
Texas Rules of Civil Procedure
15
Q
TRAP stands for?
A
Texas Rules of Appellate Procedure
16
Q
The power of a court to hear and decide in a case is called?
A
Jurisdiction
17
Q
In Texas, other than federal judges serving in Texas, what kind of judges are not elected?
A
The municipal judges
18
Q
The power of a court to hear a case about a particular thing within the geographical area covered by that court is called?
A
In REM jurisdiction
19
Q
The fundamental law of the country is the?
A
Constitution
20
Q
How many intermediate courts are there in Houston?
A
2
number 1 and 14
21
Q
The highest civil courts in Texas are called?
A
Texas Supreme Court
Texas Court of Criminal Appeal
22
Q
In Justice of Peace the amount in controversy may not exceed?
A
10,000
23
Q
A court of record means the proceedings were?
A
Recorded by a court recorder
24
Small claims courts in Texas are provided over by?
Justice of the peace
25
When does a "trial de novo" takes place?
When the lower court was not a court of record
26
DEFINITELY
Correct way to spell
27
Name the associate justices of the Supreme Court
```
Sonia Sotomayor
Elena Kagan
Ruth Bader Ginsburg
Samuel A. Alito
Stephan G. Breyer
Anthony Kennedy
Antonin Scalia
Clarence Thomas
```
28
Law developed by judges through opinions issued when deciding a case is called?
Case law
29
Written laws enacted by the States or federal legislative branches is called
Statutes
30
If a treaty is not ratified by the Senate it is called?
An executive agreement
31
A compact between 2 or more nations, ratified by the Senate is a?
Treaty
32
What is the latin word for "stand by the decisión"?
Stare decisis
33
Stare decisis is the reluctance of the court to?
To ignore precedence
34
What does stare decisis mean?
To stand by the decision
35
How many amendments are there in the Constitution?
27
36
The head of the city government of Houston is?
Mayor Annise Parker
37
Who is Annise Parker
The head of the government of Houston
38
What does the Establishment clause do?
The government can impose or favor one religion over another
39
What does the free exercise clause do?
Infringes the government to practice your right of free religion
40
Who is the Chief justice of the Supreme Court?
John G. Roberts
41
What five rights does the first amendment of the constitution provides?
Freedom of religion, speech, press, petition and assembly
42
Who is John G. Roberts?
The Chief justice of the US Supreme Court
43
How many intermediate courts are there in Texas?
14
44
The highest civil court in Texas is called?
The Texas Supreme Court
45
What is the highest criminal court in Texas?
The Texas Court of Criminal Appeal
46
To what circuit court does Texas make part of?
The fifth circuit
47
Federal courts of appeal are divided into regions called?
Circuits
48
FEDERAL TRIAL COURTS ARE ALSO CALLED? 4 words
US District Courts
49
The notice that the Supreme Court will hear a case is called?
Writ of certiorari
50
One kind of a decision the Supreme Court can issue is a TIE decision, name the other 3
Majority
Plurality
Unanimous
51
A petition asking the US Supreme court to hear a case is called?
Petition for certiorary
52
How many associate justices are there in the Supreme Court?
8
53
To bring a law suit a plaintiff must have?
Standing
54
Who is the head for HARRIS County government?
Ed Emmette
55
Who is Ed Emmette?
The head of the government for Harris County
56
Guardianship cases in Harris county are handled by?
The provate court
57
The fundamental law of a city is called?
Charter
58
Small claims court in Texas are presided over by?
Justice of the peace if the amount in controversy does not exceed 10000
59
The body of law that is not based on Statues is called?
Common law
60
A court of record means that the precedence was?
Recorded by a court recorder
61
The courts power over a person is called?
In personam jurisdiction
62
Jurisdiction is the..........
power of a court to act.
63
The courts power over things located in geographical areas over which it has control is called?
In REM jurisdiction
64
The statutes of a city are called?
Ordinance
65
Give an example of how the legislative branch checks the judicial branch
Confirms judicial appointments
66
Name two US courts specialized in jx
The US Tax Court
| The US Bunckruptcy Court
67
Other than federal judges, which other judges in Texas are not elected?
Municipal judges
68
Give an example of how the executive branch crecks the legislative branch
The right to veto
69
The first half of the O'connors is called?
The comentaries
70
When does trial de novo take place?
When a trial was not recorded by a court recorder
71
Explain diversity jurisdiction in relation to federal court jurisdiction
A court with diversity citizenship jx has the power to hear cases in which one or both parties are not citizens of that state and the amount in controversy is 75000 or greater
72
What does en banc mean?
That all the judges of that court are asked to hear the case
73
Who is the governor of Texas?
Rick Perry
74
Who is Rick Perry?
The governor of Texas
75
Who is the Lt. Governor of Texas?
David Dewhart
76
Who is David Dewhart?
The Lt. Governor of Texas
77
Who is the police chief of Houston?
Charles McClelland
78
Who is Charles McClelland?
The chief police of Houston
79
Who is the US Secretary of State?
John Kerry
80
Who is John Kerry?
The US Secretary of State
81
Who is the US Secretary of Defence?
Chac Hagal
82
Who is Chac Hagal
Is the US Secretary of Defence
83
How many US Senators are there?
100. 2 for each state
84
Who is the Attorney General of the US?
Eric H. Holder Jr.
85
How is the national anthem called?
The Star-Spangled Banner
86
Who is the US. Senate Majority leader?
Harry Ried
87
Who is Eric H. Holder Jr.?
He is the Attorney General of the US
88
Who is Harry Ried?
He is the US Senate Majority Leader
89
Who is the speaker of the US House?
John Boehnor
90
Who is John Boehnor?
The Speaker of the US House
91
How many US House of representatives are there?
435
92
Who wrote the national Anthem?
Francis Scott Key
93
Who is Francis Scott Key?
The author of the national anthem
94
For how many years are the Senators elected for?
6 years
95
the person for who a will is made, who will be signing the will, is called the.................
testator
96
If I have 3 children and I don't want one child to get any of my estate, can I leave that one child out of the will?
yes
97
If I tell a lawyers in my firm that they cannot ever utter the word "destroy" in my presence or they will be fired, is their right to free speech violated?
no
98
For how many years are the US House of Rep. Elected for?
2 years
99
How old do you have to be to become president of the US?
35 years old
100
a........................occurs when a spouse who owns a home as separate property dies, leaving behind another spouse who wants to continue to live in the house
Life Estate
101
In Texas, what adjective precedes the word "Executor" in a will
Independent
102
What does "independent executor" mean
that s/he can operate without a court approval
103
What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?
Contingent trust
104
In my will, can I name someone as the guardian I want for mi monor child even if the other biological parent is still alive?
yes but, the biological parent is first
105
What is the correct name for a No-Contes Clause?
in Terorem Clause
106
What religion does Barack Obama profeses?
Cristian
107
A.............................prevents a person from assigning his interest in an inheritance to a third party
the Spendthrift Provision Clause
108
How many president of the US have been assassinated?
4
| Kennedy, Lincoln, Garfield and McKinley
109
When did women get the right to vote in the US?
In 1920 with the passage of the XIX Amendment
110
Who us the US president in 1958?
D. D. Eisenhower
111
What are the two most common competency questions?
what year is it and what is the actual presidents name
112
Federal courts of appeal are divided into regions known as................. Texas is the.................
circuits
| fifth circuit
113
a.............................gives other person the power to handle your financial affairs
durable power of attorney
114
What three words start every sesión of the U.S. Supreme Court?
oyez, oyez, oyez
115
a....................................gives another person the power to make health care decisions for you if you can't
Medical power of attorney
116
What is the last page that is attached to a will called?
the self-proving affidavit
117
What is the most unique feature of the appointing of agent document?
that it has to be signed by the agent
118
Things like bank accounts and life insurance policies that pass outside the will are called?
non-probate assets
119
Why do we have a self-proving affidavit
dont have to come to probate
120
What is the statutorily correct name for the other kind of marriage that is not informal?
ceremonial marriage
121
what is the mínimum age for a witness in a will
14 years of age
122
Laws developed by judges through opinions issued when deciding cases is called.......................as opposite to written laws enacted by state or federal legislative branches, which are called.............
case law
| statutes
123
What is a will signing called?
Execution
124
What is the statute of limitations for probating a will
4 years
125
What does probate mean?
to prove up
126
A petition asking the US Supreme Court to hear a case is called a.............................and the oficial notice that the Supreme Court will review a case is called a -----------------
petition for certiorari
| writ of certiorari
127
If the executor of a will lives outside of Texas, what must be appointed?
a registered agent to do service of process
128
The correct name for a "living Will" is
Directive to physician
130
a.............................................appoints another person to handle your funeral and what happens to your body
appointment of agent to control disposición of remainins
130
Small claims courts in Texas are presided over by...............
justice of the peace
131
what is the statutorily correct name for a "common law" marriage in Texas?
informal marriage
132
A person who is named in a will as a person who will get a sum of money or tangible property is called a ..........................................
beneficiary
133
The fundamenta law of the US is called
the Constitution
134
Federal trial courts are called?
District courts
135
The court power over a thing located in a geographic area over which it has control is called?
in Rem jurisdiction
136
Name the kinds of opinions a Supreme Court can give
unanimous
majority
plurality
tie
137
To bring a law suit the plaintiff must have
standing
138
The fundamental law of a City is
charter
139
Which Federal Court have the power to probate a will?
no federal court
140
If the President vetoes a bill from Congress, what can Congress do about it?
override the veto
141
There are...............civil County Courts in Harris County
4
142
A tort is a
civil wrong doing basis for a civil action
143
Unauthorized and harmful offensive physical contact may be the civil tort of
battery
144
If I intend to hit one person, but accidentally hit another instead, the Doctrine of.................... may apply
transfered intent
145
In justice Courts, the amount in controversy may not exceed.........................
10,000
146
what are the three elements of merchan protection statutes?
1. there is reasonable amount of suspicion
2. the person was detained for a reasonable amount of time
3. the investigation was done in a reasonable amount of time
147
if a difamatory statement is oral, it is a .................., and if it is written it is a .......................
slander
| libel
148
............................is the power or authority for a court to act
Jurisdiction (JX)
149
The courts powers over a person is called
in personam jurisdiction
150
if I sue a person for missapropiation of the right to publicity, what two things may I be entitle to?
the earnings that they got from it and an injuction
151
If a person's extreme and outrageous conduct intentionally causes severe emotional distress to someone else, that migh be
IIED (Intentional Infliction of Emotional Distress)
152
The statutes of a city are called
ordinances
153
The three rules sections of the O'Connors are called?
TRE (Texas Rules of Evidence)
TRAP (Texas Rules of Appelate Procedure)
TRCP (Texas Rules of Civil Procedure)
154
Long ago, legal issues were decided in one of three ways: trial by ordeal, wager law or.........................
confregation
155
the four elements of negligence are
1. the torfeasor has a duty of care to others
2. the defendant breached that duty
3. the plaintiff was injured
4. the injury was caused by the breach of the duty of care
156
preponderance of the evidence means
more likely than not
157
Proximate cause has to do with the
forseability of the risk
158
When trying to determine the cause-in-fact in a negligence suit the court will use the ........................test. If that test fails, the court will use the ........................
but for
| SUBSTANTIAL test
159
Explain diversity of citizenship relative to federal court jx
is the power of a federal court to hear cases from citizens from diferent states that have an amount in controversy of $75,000 or greater
160
Explain contributory negligence
is the percentage of fault for which a person is liable in an accident
161
Explain partial comparative negligence
when in a accident, if the responsibility of the plaintiff is greater than 50%, the plaintiff is baned from recovering damages
162
if a defective product causes harm to the user all parties in the chain of distribution are-------------- for the injuries caused
strictly liable
163
the threat of immediate harm or offensice contac is the civil tort of
assault
164
Intentional confinement of another person without justification may be the civil tort of
false imprisonment
165
........................is a complete defense to defamation
Truth
166
................................is the interference with an owners right to exclusive possession of land
interference to land
167
If someone attempt to use my name or personality commercially without my permission that may be the tort of
missapropiation of the right to publicity
168
When a person injures, or interferes with the enjoyment of another persons property, that could be the tort of
interference to personal property
169
the failure to exercise care is called
breach
170
-------------------------------- is the Latin Word for "the thing speacks for itself"
Res Ipsa Loquitur
171
If a person knows of, and voluntarily enters into a risky activity, that is known as
assumption of the risk
173
explain the Discovery Rule
the Statutes of Limitation start when the injury is discovered
173
explain the difference between damages and damage
damage-injury
| damages-money
175
The Statutes of Limitation for a personal injury claim is------------------years, and the Statutes of limitation for legal malpractice claim is -------------
2 years
| 4 years
175
--------------------damages are sometimes called exemplary damages, and the purpose of those damages is----------------------------
punitive
| to punish
176
- -------------------damages are sometimes called actual damages and they are often dividend into
- ------------and -----------------damages
Compensatory
| economic and non-economic
177
give and example of economic and non-economic damages
economic-medical bills
| non-economic-pain and suffer
178
--------------------damages are sometimes called future damages
speculative
179
----------------------------damages are set by law
statutory
180
what goes into the IOLTA
unearned attorneys fees
181
IOLTA stands for
Interest on Lawyers Trust Account
183
who gets the IOLTA money in Texas
The State Bar
183
Punitive damages are sometimes called
exemplary damages
184
sometimes who commits a tort is called?
a tortfeasor
185
negligence is a failure to exercise
your duty of care to others
186
Landowners owe a duty of............................to people who are invited to come on their land
ordinay care
187
Res Ipsa Loquitur means
a thing speaks for itself
188
Proximate cause has to do with the----------------------------------of the risk of the accident that caused the injury
forseability
189
All parties in the chain of distribution are--------------------for injuries caused by the defective part
strictly liable
190
what does IIED stands for
Intentional Infliction of Emotional Distress
191
what are the categories of property
Real property and Personal property
192
if someone uses my photo to sell their shampoo, and they don't have my permission to do so, that may constitute the civil tort of
the missapropiation of the right to publicity
193
un unintentional tort is called a
negligence tort
194
How an objective, careful and conscientious person would have acted in the same circumstance is called the-----------------
reasonable person
195
if you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that?
assumption of the risk
196
what is the statute of limitation on a legal malpractice case?
4 years
197
Landlowers liability depends on the status of the visitor. What are the three categories of visitors?
invitee, lisencee, trasspaser
198
Name three kinds of damages
punitive damages
statutory damages
compensatory damages
199
What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?
contingent trust
200
What is the last page that is attached to a will called?
the self-proving affidavit
201
What is the correct name for a No-Contest Clause?
In Terorem Clause
202
What does probate mean
to prove up
203
a-------------------------------prevents a person from assigning his interest in an inheritance to a third party
spendthrift provision
204
Directive to Physician is also called
a Living Will
205
Things like bank account, life insurance that pass outside the will are called
non-probate assets
206
A person who is named in a will as a person who will get a sum of money or tangible property is called a
beneficiary
207
In a contract, what two elements constitute agreement?
offer and acceptance
208
A contract is a.................................between 2 or more parties
legally enforceable agreement
209
What are the four elements of a contract?
agreement, consideration, capacity and lawful object
210
Consideration is a--------------------
bargained for exchange
211
Does a contract has to be signed to be valid?
no
212
Contracts that must be in writing are said to be under the
statute of frauds
213
The failure to perform under a contract is a --------
breach
214
What state has not adopted de UCC code?
Louisiana
216
Name three kinds of contracts that must be in writing
to sell land,
to pay someones debt,
that cant be performed in a year,
of good which value is geater than $500
216
If the "but for test" fails what is used next?
the Substantial Factor Test
217
Negligence is a failure to exercise...........
razonable care
219
Landowner owe a duty of.................
ordinary care
219
What kind of tort cases does not apply in Texas?
Medical Malpractice
220
-------------------------is the power of a court to act in a particular kind of case
jurisdiction
222
Landowner liability depends on the status of the visitor. What are the three categories of visitor?
invitees, trasspasers and licencees
222
Who is the Vice President of the USA?
Joe Biden
223
If you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that?
assumption of the risk
224
A contract is a (3 words)
Legally enforceable agreement
225
The two parties to a contract are called--------------- and------------------
offeror
| offeree
226
All contracts must have 4 elements:
agreement, consideration, capacity and lawful object
227
UCC stands for?
Uniform Commercial Code
228
First and last name of the two parties in the Mock Trial
Rosemary Batson
| Nicole Tinsman
230
On what date did the damages to the car take place?
21 of September 2012
230
What is the name of the law firm where both parties were working at the time of the incident?
Waterwall, Edwards, Widget, O'Connors, Rodríguez and Kwan.
231
A failure to perform under a contract is a -----------
breach of contract
233
A consideration is a------------------
bargained for exchange
234
Why aren't gratuitous praises enforceable?
because they are considered gifts
235
What is one way in which an offer is terminated?
if it is not accepted
235
A contract, the terms of which are either written or oral, is called an.................
express contract
236
Three kinds of contracts covered by statute of fraud are?
1. to sell land,
2. to pay someones debt and
3. to those that can't be done in a year.
237
AG stands for
Attorney General
238
BBB stands for?
Better Business Bureou
239
DRC stands for?
Despute Resolution Center
240
On mail, RRR stands for?
Return Receipt Request
241
JP stands for?
Justice of Peace
242
If you get judgment awarded in small claims court, when is the judgement final?
in 10 days
244
If the awarded judgment is not paid promptly, what should a consumer request the court to prepare?
an abstrat of judgment
245
What can the court issue that will allow the constable to seize and sell the defendant's property?
a levy of execution
246
Three kinds of warranties are?
Expressed warrany,
Implied warranty and,
Special Statutory Warranty
247
To which kind of warranty corresponds the warranty booklet that came with my washing machine?
expressed warranty
248
--------------------------------is a guarantee that the buyer has the right to take the good free of claim from anyone else
warranty of title
249
........................................guarantees that the thing is fit for the ordinary purpose for which goods of that kind are used.
warranty of merchantability
250
In a lease situation, a ---------------------------guarantees that a place is suitable for living
warranty of habitability
251
.................................guarantees that, if the seller knows that the buyer intends to use the good in some specific way, the goods must be fit for that purpose
warranty of fitness for a particular purpose
252
-----------------------------guarantees that services are rendered in a competent, effective way so that the consumer gets the service for which s/he bargained
warranty of goods and workmanlike services
252
DTPA stands for
Deceptive Trade Practice Act
253
The Texas Lemon Law is an example for a.............. warranty
Special Statutory
254
Who does the DTPA protect?
consumer
256
How many days notice must be provided before filing suit under th DTPA?
60 days
257
How many days do you have to cancel a contract to buy a car after you sign?
none
258
If the mechanic doesn't fix my car, should I stop payment on the check I wrote to them?
no
259
What might happen if stop payment on the check?
they can reposses my car
260
Breach of the peace is synonymous with..........
desorderly conduct
261
Name one thing that Texas courts have considered to be a breach of the peace?
for bill collectors to call you often
262
If I can prove that the creditor breached the peace, I might be able to-------------------the repossession
invalidate
263
Does a creditor have to give me notice before a repossession?
no
264
If I manage to get my car back after the repossession, what is the Word for that?
redemption
265
Is there any way I have to keep paying for the car after it's been repossessed?
no
266
What law requires a business to give me notice of the reason for denial of credit?
Fear Credit Reporting Act
267
What law says that you cant't be denied credit based on gender, race, or age?
Equal Credit Opportunity Act
268
What Texas law limits the way in which a creditor can contact you?
Texas Debt Collectors Act
269
What federal Law limits the way in which a creditor can contact you?
The Federal Debt Collectors Act
270
Name one unlawful collection practice
to say they are going to imprison you
271
Can a debt collector garnish my paycheck for consumer debt?
no
272
PIP satands for?
Personal Injury Protection
273
UM stands for?
Uninsured/underinsured Motorist
274
Name one guest speaker from last week?
Cathy Hale
275
Two broad categories of evidence:
testimony under oath and
| documentary evidence
276
What is the swource for evidentiary rule in federal courts?
Federal Rules of Evidence
277
To exclude witnesss from the courtroom, one side must...
invoke the rule
278
What happens if a witness invoques the rule?
his/her testimony is excluded and
| can be put in conten
279
If a judge accepts a report from the national wather center regarding the weather conditions on a particular day, s/he is taking
justice notice
280
Any evidence that has a tendency to make the existence o any fact that is of consequence to the determination of the action more probable or les probable tan it would be with the evidence is ...........
relevance
281
Reputation is one method of proving
Character evidence
282
If I trip on a broken tile at the Hilton and break my ankle, and the they fix the tile the very next day, can I introduce that fact at trial to show that the missing tile was a real hazard?
no
283
If I negligently injure Wendy, and offer to pay her medical expenses, can she use that offer at trial to show that the injury was my fault?
no
284
If I plead gulty to a crime, and later withdra my plea of guilty, can the prosecutor tell the jury that I did that?
no
285
Name two provilige pairs
husband and wife
| priest and penitent
286
Every witness must either ................and.............before testifying in court
swear and affirm
287
If
| susan is a member ofr a wird religious sect, can I use that fact to discredit her testimony in trial?
no
288
The scope of direct examination is limited by........
pleadings
289
Is cross excamination in Texas limited to what was discussed on direct?
no
290
Under what circumstances may leading questions be asked on direct?
when there is a hostile witness
291
Answers to interrogatories cannot be used as evidence by the.............
by the party who answerd them
292
What is another Word for predicate in terms of laying the predicate?
foundation
293
What are the first words in laying the predicate?
May I approach the witness?
294
To impeach the witness means to prove that the witness is ..........
lying
295
The most common way in which a witness is impeached is by using a
prior inconsistent statement
296
What is the definition of hearsey
is a statement made out-of-court, offered in court to prove the truth of the matter asserted
297
Name two hearsay exceptions
public records and reports and
| family records
298
Name one kind of statement that is listed in the Rules as not being hearsey
1. prior statement by a witness
| 2. Statements made in depositions
299
At age---------------, a person is an adult for purposes of the criminal justice system
17
300
In the State of Texas, crimes are classified in what two categories?
misdemeanors
| felony
301
The pólice took a client's written statement. The client tells his attorney that he did not waive his right to an attorney. What type of motion should the attorney file to attempt to keep the statement out of evidence?
Motion to supress evidence
302
Evidence that is favorable to a defendant is called what?
Exculpatory evidence
303
Which motion should be filed in every criminal case that is set for trial?
discovery motion
304
What type of hearing is held to determine if a juvenile case should be transferred to a criminal distric court?
certification hearing
305
What is a directive to apprehend and why is it issued?
is an order issued by a juvenile judge authorizing a police officer to arrest a juvenile
306
A juvenile is in pólice custody. Pólice want to take his statement. Who must give the juvenile his Miranda warnings in order for the statement to be admisible?
a neutral magistrate
307
Who issues a no-bill and what does it mean?
a grand jury
| that there is not enough evidence to continue the case
308
EEOC stands for
Equal Employment Opportunity Commission
309
If the EEOC does not resolve a charge, it issues a .....
right to sue letter
310
In court, the plaintiff must first make a .................case
prima facie
311
SLNDR stands for
Single Legitimite Non Descriminatory Reason
312
If the defendant offers a SLNDR, then the plaintiff mus show that the SLNDR is a................
pretext for decrimination
313
..........................means that you do not have to belong to a unión to get employment in Texas
Right to work
314
What title of the ADA covers employment?
Title I
315
Which title of the ADA covers retaliation?
Title V
316
Disability is defined in the ADA as a physical or mental.................that.................limits one or more..............
impairment
subtantialy
major life activity
317
To cover in an employment setting, a person with a disability must be otherwise..........to perform the..............functions of the job, with or without .............................
qualified
esential
reazonable accomodation
318
With what government agency should a person file a complaint if she cannot enter a health spa because of architectural barriers?
Texas Commission on Human Rights Act
319
If a county government doesn't let me participate in a program because of my disability, with which agency should I file a complaint?
Department of Justice
320
Name one legitimate defense in an ADA case
Undue burden
321
If a person who is deaf requests a sign language interpreter for a meeting with an attorney, is it all right for the attorney to request that the client bring a family member to interpret?
no
322
What law requires that federal buldings be architecturally accesible?
Architectural Barriers Act
323
What 1968 law was amended to include disabilities?
Fair housing Act
324
What law provided that public transportation system must also offer paratransit?
Urban Mass Transportation Act
325
What title of the ADA is violated if a municipal court is not accesible?
Title III
326
SSI stands for.................and SSDI stands for
Suplemental Security Income
| Social Security Disability Insurance
327
What kind of medical coverage comes with SSDI?
Medicare
328
......................is what SSA calls work-related activity that results in wages of at least a certain amount in a month
Substantial Gainful Act
329
The person who hears a social security appeal at the stage after reconsideration is called an ............
Admininstative Law Judge
330
Which one (SSI or SSDI) is needs based?
SSI
331
Guardinanship is a legal device used to protect the rights and interests of an .................person
incapacited
332
What is the person called over whom guardianship is sought?
Proposed Ward
333
During the process to become a guardian, what is the person called who wants to be appointed guardian?
applicant
334
Do you have to hire a lawyer in order to get a guardianship over someone or can you do it yourself?
you have to have a lawyer
335
What happens to make the guardianship effectibe immediately after it happens?
A letter of guardianship is given
336
What is it called if the guardianship is terminated?
Restoration
337
IDEA stands for?
Individuals With Disability Education Act
338
LRE stands for?
Least Restrictive Environment
339
FAPE stands for.......................and the most litigated letter in FAPE is..........
Free Appropiate Public Education
| appropiate
340
BIP stands for
Behavior Intervention Plan
341
MDR stands for
Maniestation Determination Riview
342
An agreement between the school and the parents on how a child who gets special education services will be educated is called an
Individual Education Plan
343
Who provides over special Education hearings?
Idependent hearing officer
344
ARD stands for
Admission Review Dismissal
345
Motions may be made when in the proceedings?
at any moment
346
a...................asks the court to decide that a claim, even if accepted as true, is not one for which the law offers a remedy.
Motion to dismiss
347
It has taken the place of the common law...........in most modern civil practice.
demurrer
348
Unerned attorney fees must be maintained where until earned?
IOLTA
349
A..................asks the court to decide that the available evidence, even if taken in the light most favorable to the non-moving party, supports a ruling in favor of the moving party.
Mofion for Summary Judgment
350
a---------------------ASKS THE COURT TO DECIDE THAT CERTAIN EVIDENCE MAY OR MAY NOT BE PRESENTED TO THE JURY AT THE TRIAL
Motion in Limine
