Examen Flashcards Preview

Paralegal > Examen > Flashcards

Flashcards in Examen Deck (350):
1

What is Stares Decisis

To stand by the decision

2

In Stares Decisis the court ignores...

The precedents

2

Under what circumstance does federal law trumps state law?

When they are in conflict

3

The first ten amendments of the Constitution are called?

The Bill of rights

5

Which amendment has the freedom of speach in it?

The First amendment

6

What does the establisment clause do?

Prohibits the goverment on establishing a religion or favoring one over the other

7

What does the free exercise do?

Prohibits the government from infringing your right to practice free religion

7

Give an example of how the executive branch checks the legislative branch

The president can veto a bill
Enforcing the law

8

Give an example of how the legislative branch checks the judicial branch

It confirms the judges

9

Give two examples of trial by ordeal in terms of history of juries

Hot water
Cold water
Fire

10

How long was the plaintiff in the hospital in the McDonalds case?

8 days

11

TRE stands for

Texas Rules of Evidence

12

How hot was the coffee in the McDonalds case?

185 F

13

How did the jury decide how much to award the plaintiff in the McDonalds case?

two days of coffee sales

14

TRCP stands for?

Texas Rules of Civil Procedure

15

TRAP stands for?

Texas Rules of Appellate Procedure

16

The power of a court to hear and decide in a case is called?

Jurisdiction

17

In Texas, other than federal judges serving in Texas, what kind of judges are not elected?

The municipal judges

18

The power of a court to hear a case about a particular thing within the geographical area covered by that court is called?

In REM jurisdiction

19

The fundamental law of the country is the?

Constitution

20

How many intermediate courts are there in Houston?

2
number 1 and 14

21

The highest civil courts in Texas are called?

Texas Supreme Court
Texas Court of Criminal Appeal

22

In Justice of Peace the amount in controversy may not exceed?

10,000

23

A court of record means the proceedings were?

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