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Flashcards in Examen Deck (350)
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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
Q

Small claims courts in Texas are provided over by?

A

Justice of the peace

25
Q

When does a “trial de novo” takes place?

A

When the lower court was not a court of record

26
Q

DEFINITELY

A

Correct way to spell

27
Q

Name the associate justices of the Supreme Court

A
Sonia Sotomayor
Elena Kagan
Ruth Bader Ginsburg
Samuel A. Alito
Stephan G. Breyer
Anthony Kennedy
Antonin Scalia
Clarence Thomas
28
Q

Law developed by judges through opinions issued when deciding a case is called?

A

Case law

29
Q

Written laws enacted by the States or federal legislative branches is called

A

Statutes

30
Q

If a treaty is not ratified by the Senate it is called?

A

An executive agreement

31
Q

A compact between 2 or more nations, ratified by the Senate is a?

A

Treaty

32
Q

What is the latin word for “stand by the decisión”?

A

Stare decisis

33
Q

Stare decisis is the reluctance of the court to?

A

To ignore precedence

34
Q

What does stare decisis mean?

A

To stand by the decision

35
Q

How many amendments are there in the Constitution?

A

27

36
Q

The head of the city government of Houston is?

A

Mayor Annise Parker

37
Q

Who is Annise Parker

A

The head of the government of Houston

38
Q

What does the Establishment clause do?

A

The government can impose or favor one religion over another

39
Q

What does the free exercise clause do?

A

Infringes the government to practice your right of free religion

40
Q

Who is the Chief justice of the Supreme Court?

A

John G. Roberts

41
Q

What five rights does the first amendment of the constitution provides?

A

Freedom of religion, speech, press, petition and assembly

42
Q

Who is John G. Roberts?

A

The Chief justice of the US Supreme Court

43
Q

How many intermediate courts are there in Texas?

A

14

44
Q

The highest civil court in Texas is called?

A

The Texas Supreme Court

45
Q

What is the highest criminal court in Texas?

A

The Texas Court of Criminal Appeal

46
Q

To what circuit court does Texas make part of?

A

The fifth circuit

47
Q

Federal courts of appeal are divided into regions called?

A

Circuits

48
Q

FEDERAL TRIAL COURTS ARE ALSO CALLED? 4 words

A

US District Courts

49
Q

The notice that the Supreme Court will hear a case is called?

A

Writ of certiorari

50
Q

One kind of a decision the Supreme Court can issue is a TIE decision, name the other 3

A

Majority
Plurality
Unanimous

51
Q

A petition asking the US Supreme court to hear a case is called?

A

Petition for certiorary

52
Q

How many associate justices are there in the Supreme Court?

A

8

53
Q

To bring a law suit a plaintiff must have?

A

Standing

54
Q

Who is the head for HARRIS County government?

A

Ed Emmette

55
Q

Who is Ed Emmette?

A

The head of the government for Harris County

56
Q

Guardianship cases in Harris county are handled by?

A

The provate court

57
Q

The fundamental law of a city is called?

A

Charter

58
Q

Small claims court in Texas are presided over by?

A

Justice of the peace if the amount in controversy does not exceed 10000

59
Q

The body of law that is not based on Statues is called?

A

Common law

60
Q

A court of record means that the precedence was?

A

Recorded by a court recorder

61
Q

The courts power over a person is called?

A

In personam jurisdiction

62
Q

Jurisdiction is the……….

A

power of a court to act.

63
Q

The courts power over things located in geographical areas over which it has control is called?

A

In REM jurisdiction

64
Q

The statutes of a city are called?

A

Ordinance

65
Q

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

A

Confirms judicial appointments

66
Q

Name two US courts specialized in jx

A

The US Tax Court

The US Bunckruptcy Court

67
Q

Other than federal judges, which other judges in Texas are not elected?

A

Municipal judges

68
Q

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

A

The right to veto

69
Q

The first half of the O’connors is called?

A

The comentaries

70
Q

When does trial de novo take place?

A

When a trial was not recorded by a court recorder

71
Q

Explain diversity jurisdiction in relation to federal court jurisdiction

A

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
Q

What does en banc mean?

A

That all the judges of that court are asked to hear the case

73
Q

Who is the governor of Texas?

A

Rick Perry

74
Q

Who is Rick Perry?

A

The governor of Texas

75
Q

Who is the Lt. Governor of Texas?

A

David Dewhart

76
Q

Who is David Dewhart?

A

The Lt. Governor of Texas

77
Q

Who is the police chief of Houston?

A

Charles McClelland

78
Q

Who is Charles McClelland?

A

The chief police of Houston

79
Q

Who is the US Secretary of State?

A

John Kerry

80
Q

Who is John Kerry?

A

The US Secretary of State

81
Q

Who is the US Secretary of Defence?

A

Chac Hagal

82
Q

Who is Chac Hagal

A

Is the US Secretary of Defence

83
Q

How many US Senators are there?

A
  1. 2 for each state
84
Q

Who is the Attorney General of the US?

A

Eric H. Holder Jr.

85
Q

How is the national anthem called?

A

The Star-Spangled Banner

86
Q

Who is the US. Senate Majority leader?

A

Harry Ried

87
Q

Who is Eric H. Holder Jr.?

A

He is the Attorney General of the US

88
Q

Who is Harry Ried?

A

He is the US Senate Majority Leader

89
Q

Who is the speaker of the US House?

A

John Boehnor

90
Q

Who is John Boehnor?

A

The Speaker of the US House

91
Q

How many US House of representatives are there?

A

435

92
Q

Who wrote the national Anthem?

A

Francis Scott Key

93
Q

Who is Francis Scott Key?

A

The author of the national anthem

94
Q

For how many years are the Senators elected for?

A

6 years

95
Q

the person for who a will is made, who will be signing the will, is called the……………..

A

testator

96
Q

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?

A

yes

97
Q

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?

A

no

98
Q

For how many years are the US House of Rep. Elected for?

A

2 years

99
Q

How old do you have to be to become president of the US?

A

35 years old

100
Q

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

A

Life Estate

101
Q

In Texas, what adjective precedes the word “Executor” in a will

A

Independent

102
Q

What does “independent executor” mean

A

that s/he can operate without a court approval

103
Q

What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?

A

Contingent trust

104
Q

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?

A

yes but, the biological parent is first

105
Q

What is the correct name for a No-Contes Clause?

A

in Terorem Clause

106
Q

What religion does Barack Obama profeses?

A

Cristian

107
Q

A………………………..prevents a person from assigning his interest in an inheritance to a third party

A

the Spendthrift Provision Clause

108
Q

How many president of the US have been assassinated?

A

4

Kennedy, Lincoln, Garfield and McKinley

109
Q

When did women get the right to vote in the US?

A

In 1920 with the passage of the XIX Amendment

110
Q

Who us the US president in 1958?

A

D. D. Eisenhower

111
Q

What are the two most common competency questions?

A

what year is it and what is the actual presidents name

112
Q

Federal courts of appeal are divided into regions known as…………….. Texas is the……………..

A

circuits

fifth circuit

113
Q

a………………………..gives other person the power to handle your financial affairs

A

durable power of attorney

114
Q

What three words start every sesión of the U.S. Supreme Court?

A

oyez, oyez, oyez

115
Q

a………………………………gives another person the power to make health care decisions for you if you can’t

A

Medical power of attorney

116
Q

What is the last page that is attached to a will called?

A

the self-proving affidavit

117
Q

What is the most unique feature of the appointing of agent document?

A

that it has to be signed by the agent

118
Q

Things like bank accounts and life insurance policies that pass outside the will are called?

A

non-probate assets

119
Q

Why do we have a self-proving affidavit

A

dont have to come to probate

120
Q

What is the statutorily correct name for the other kind of marriage that is not informal?

A

ceremonial marriage

121
Q

what is the mínimum age for a witness in a will

A

14 years of age

122
Q

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………….

A

case law

statutes

123
Q

What is a will signing called?

A

Execution

124
Q

What is the statute of limitations for probating a will

A

4 years

125
Q

What does probate mean?

A

to prove up

126
Q

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 —————–

A

petition for certiorari

writ of certiorari

127
Q

If the executor of a will lives outside of Texas, what must be appointed?

A

a registered agent to do service of process

128
Q

The correct name for a “living Will” is

A

Directive to physician

130
Q

a………………………………………appoints another person to handle your funeral and what happens to your body

A

appointment of agent to control disposición of remainins

130
Q

Small claims courts in Texas are presided over by……………

A

justice of the peace

131
Q

what is the statutorily correct name for a “common law” marriage in Texas?

A

informal marriage

132
Q

A person who is named in a will as a person who will get a sum of money or tangible property is called a ……………………………………

A

beneficiary

133
Q

The fundamenta law of the US is called

A

the Constitution

134
Q

Federal trial courts are called?

A

District courts

135
Q

The court power over a thing located in a geographic area over which it has control is called?

A

in Rem jurisdiction

136
Q

Name the kinds of opinions a Supreme Court can give

A

unanimous
majority
plurality
tie

137
Q

To bring a law suit the plaintiff must have

A

standing

138
Q

The fundamental law of a City is

A

charter

139
Q

Which Federal Court have the power to probate a will?

A

no federal court

140
Q

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

A

override the veto

141
Q

There are……………civil County Courts in Harris County

A

4

142
Q

A tort is a

A

civil wrong doing basis for a civil action

143
Q

Unauthorized and harmful offensive physical contact may be the civil tort of

A

battery

144
Q

If I intend to hit one person, but accidentally hit another instead, the Doctrine of……………….. may apply

A

transfered intent

145
Q

In justice Courts, the amount in controversy may not exceed…………………….

A

10,000

146
Q

what are the three elements of merchan protection statutes?

A
  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
Q

if a difamatory statement is oral, it is a ………………, and if it is written it is a …………………..

A

slander

libel

148
Q

……………………….is the power or authority for a court to act

A

Jurisdiction (JX)

149
Q

The courts powers over a person is called

A

in personam jurisdiction

150
Q

if I sue a person for missapropiation of the right to publicity, what two things may I be entitle to?

A

the earnings that they got from it and an injuction

151
Q

If a person’s extreme and outrageous conduct intentionally causes severe emotional distress to someone else, that migh be

A

IIED (Intentional Infliction of Emotional Distress)

152
Q

The statutes of a city are called

A

ordinances

153
Q

The three rules sections of the O’Connors are called?

A

TRE (Texas Rules of Evidence)
TRAP (Texas Rules of Appelate Procedure)
TRCP (Texas Rules of Civil Procedure)

154
Q

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

A

confregation

155
Q

the four elements of negligence are

A
  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
Q

preponderance of the evidence means

A

more likely than not

157
Q

Proximate cause has to do with the

A

forseability of the risk

158
Q

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 ……………………

A

but for

SUBSTANTIAL test

159
Q

Explain diversity of citizenship relative to federal court jx

A

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
Q

Explain contributory negligence

A

is the percentage of fault for which a person is liable in an accident

161
Q

Explain partial comparative negligence

A

when in a accident, if the responsibility of the plaintiff is greater than 50%, the plaintiff is baned from recovering damages

162
Q

if a defective product causes harm to the user all parties in the chain of distribution are————– for the injuries caused

A

strictly liable

163
Q

the threat of immediate harm or offensice contac is the civil tort of

A

assault

164
Q

Intentional confinement of another person without justification may be the civil tort of

A

false imprisonment

165
Q

……………………is a complete defense to defamation

A

Truth

166
Q

…………………………..is the interference with an owners right to exclusive possession of land

A

interference to land

167
Q

If someone attempt to use my name or personality commercially without my permission that may be the tort of

A

missapropiation of the right to publicity

168
Q

When a person injures, or interferes with the enjoyment of another persons property, that could be the tort of

A

interference to personal property

169
Q

the failure to exercise care is called

A

breach

170
Q

——————————– is the Latin Word for “the thing speacks for itself”

A

Res Ipsa Loquitur

171
Q

If a person knows of, and voluntarily enters into a risky activity, that is known as

A

assumption of the risk

173
Q

explain the Discovery Rule

A

the Statutes of Limitation start when the injury is discovered

173
Q

explain the difference between damages and damage

A

damage-injury

damages-money

175
Q

The Statutes of Limitation for a personal injury claim is——————years, and the Statutes of limitation for legal malpractice claim is ————-

A

2 years

4 years

175
Q

——————–damages are sometimes called exemplary damages, and the purpose of those damages is—————————-

A

punitive

to punish

176
Q
  • ——————-damages are sometimes called actual damages and they are often dividend into
  • ————and —————–damages
A

Compensatory

economic and non-economic

177
Q

give and example of economic and non-economic damages

A

economic-medical bills

non-economic-pain and suffer

178
Q

——————–damages are sometimes called future damages

A

speculative

179
Q

—————————-damages are set by law

A

statutory

180
Q

what goes into the IOLTA

A

unearned attorneys fees

181
Q

IOLTA stands for

A

Interest on Lawyers Trust Account

183
Q

who gets the IOLTA money in Texas

A

The State Bar

183
Q

Punitive damages are sometimes called

A

exemplary damages

184
Q

sometimes who commits a tort is called?

A

a tortfeasor

185
Q

negligence is a failure to exercise

A

your duty of care to others

186
Q

Landowners owe a duty of……………………….to people who are invited to come on their land

A

ordinay care

187
Q

Res Ipsa Loquitur means

A

a thing speaks for itself

188
Q

Proximate cause has to do with the———————————-of the risk of the accident that caused the injury

A

forseability

189
Q

All parties in the chain of distribution are——————–for injuries caused by the defective part

A

strictly liable

190
Q

what does IIED stands for

A

Intentional Infliction of Emotional Distress

191
Q

what are the categories of property

A

Real property and Personal property

192
Q

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

A

the missapropiation of the right to publicity

193
Q

un unintentional tort is called a

A

negligence tort

194
Q

How an objective, careful and conscientious person would have acted in the same circumstance is called the—————–

A

reasonable person

195
Q

if you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that?

A

assumption of the risk

196
Q

what is the statute of limitation on a legal malpractice case?

A

4 years

197
Q

Landlowers liability depends on the status of the visitor. What are the three categories of visitors?

A

invitee, lisencee, trasspaser

198
Q

Name three kinds of damages

A

punitive damages
statutory damages
compensatory damages

199
Q

What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?

A

contingent trust

200
Q

What is the last page that is attached to a will called?

A

the self-proving affidavit

201
Q

What is the correct name for a No-Contest Clause?

A

In Terorem Clause

202
Q

What does probate mean

A

to prove up

203
Q

a——————————-prevents a person from assigning his interest in an inheritance to a third party

A

spendthrift provision

204
Q

Directive to Physician is also called

A

a Living Will

205
Q

Things like bank account, life insurance that pass outside the will are called

A

non-probate assets

206
Q

A person who is named in a will as a person who will get a sum of money or tangible property is called a

A

beneficiary

207
Q

In a contract, what two elements constitute agreement?

A

offer and acceptance

208
Q

A contract is a……………………………between 2 or more parties

A

legally enforceable agreement

209
Q

What are the four elements of a contract?

A

agreement, consideration, capacity and lawful object

210
Q

Consideration is a——————–

A

bargained for exchange

211
Q

Does a contract has to be signed to be valid?

A

no

212
Q

Contracts that must be in writing are said to be under the

A

statute of frauds

213
Q

The failure to perform under a contract is a ——–

A

breach

214
Q

What state has not adopted de UCC code?

A

Louisiana

216
Q

Name three kinds of contracts that must be in writing

A

to sell land,
to pay someones debt,
that cant be performed in a year,
of good which value is geater than $500

216
Q

If the “but for test” fails what is used next?

A

the Substantial Factor Test

217
Q

Negligence is a failure to exercise………..

A

razonable care

219
Q

Landowner owe a duty of……………..

A

ordinary care

219
Q

What kind of tort cases does not apply in Texas?

A

Medical Malpractice

220
Q

————————-is the power of a court to act in a particular kind of case

A

jurisdiction

222
Q

Landowner liability depends on the status of the visitor. What are the three categories of visitor?

A

invitees, trasspasers and licencees

222
Q

Who is the Vice President of the USA?

A

Joe Biden

223
Q

If you know, and voluntarily enter into or participate in a risky activity, what is the legal term for that?

A

assumption of the risk

224
Q

A contract is a (3 words)

A

Legally enforceable agreement

225
Q

The two parties to a contract are called————— and——————

A

offeror

offeree

226
Q

All contracts must have 4 elements:

A

agreement, consideration, capacity and lawful object

227
Q

UCC stands for?

A

Uniform Commercial Code

228
Q

First and last name of the two parties in the Mock Trial

A

Rosemary Batson

Nicole Tinsman

230
Q

On what date did the damages to the car take place?

A

21 of September 2012

230
Q

What is the name of the law firm where both parties were working at the time of the incident?

A

Waterwall, Edwards, Widget, O’Connors, Rodríguez and Kwan.

231
Q

A failure to perform under a contract is a ———–

A

breach of contract

233
Q

A consideration is a——————

A

bargained for exchange

234
Q

Why aren’t gratuitous praises enforceable?

A

because they are considered gifts

235
Q

What is one way in which an offer is terminated?

A

if it is not accepted

235
Q

A contract, the terms of which are either written or oral, is called an……………..

A

express contract

236
Q

Three kinds of contracts covered by statute of fraud are?

A
  1. to sell land,
  2. to pay someones debt and
  3. to those that can’t be done in a year.
237
Q

AG stands for

A

Attorney General

238
Q

BBB stands for?

A

Better Business Bureou

239
Q

DRC stands for?

A

Despute Resolution Center

240
Q

On mail, RRR stands for?

A

Return Receipt Request

241
Q

JP stands for?

A

Justice of Peace

242
Q

If you get judgment awarded in small claims court, when is the judgement final?

A

in 10 days

244
Q

If the awarded judgment is not paid promptly, what should a consumer request the court to prepare?

A

an abstrat of judgment

245
Q

What can the court issue that will allow the constable to seize and sell the defendant’s property?

A

a levy of execution

246
Q

Three kinds of warranties are?

A

Expressed warrany,
Implied warranty and,
Special Statutory Warranty

247
Q

To which kind of warranty corresponds the warranty booklet that came with my washing machine?

A

expressed warranty

248
Q

——————————–is a guarantee that the buyer has the right to take the good free of claim from anyone else

A

warranty of title

249
Q

………………………………….guarantees that the thing is fit for the ordinary purpose for which goods of that kind are used.

A

warranty of merchantability

250
Q

In a lease situation, a —————————guarantees that a place is suitable for living

A

warranty of habitability

251
Q

……………………………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

A

warranty of fitness for a particular purpose

252
Q

—————————–guarantees that services are rendered in a competent, effective way so that the consumer gets the service for which s/he bargained

A

warranty of goods and workmanlike services

252
Q

DTPA stands for

A

Deceptive Trade Practice Act

253
Q

The Texas Lemon Law is an example for a………….. warranty

A

Special Statutory

254
Q

Who does the DTPA protect?

A

consumer

256
Q

How many days notice must be provided before filing suit under th DTPA?

A

60 days

257
Q

How many days do you have to cancel a contract to buy a car after you sign?

A

none

258
Q

If the mechanic doesn’t fix my car, should I stop payment on the check I wrote to them?

A

no

259
Q

What might happen if stop payment on the check?

A

they can reposses my car

260
Q

Breach of the peace is synonymous with……….

A

desorderly conduct

261
Q

Name one thing that Texas courts have considered to be a breach of the peace?

A

for bill collectors to call you often

262
Q

If I can prove that the creditor breached the peace, I might be able to——————-the repossession

A

invalidate

263
Q

Does a creditor have to give me notice before a repossession?

A

no

264
Q

If I manage to get my car back after the repossession, what is the Word for that?

A

redemption

265
Q

Is there any way I have to keep paying for the car after it’s been repossessed?

A

no

266
Q

What law requires a business to give me notice of the reason for denial of credit?

A

Fear Credit Reporting Act

267
Q

What law says that you cant’t be denied credit based on gender, race, or age?

A

Equal Credit Opportunity Act

268
Q

What Texas law limits the way in which a creditor can contact you?

A

Texas Debt Collectors Act

269
Q

What federal Law limits the way in which a creditor can contact you?

A

The Federal Debt Collectors Act

270
Q

Name one unlawful collection practice

A

to say they are going to imprison you

271
Q

Can a debt collector garnish my paycheck for consumer debt?

A

no

272
Q

PIP satands for?

A

Personal Injury Protection

273
Q

UM stands for?

A

Uninsured/underinsured Motorist

274
Q

Name one guest speaker from last week?

A

Cathy Hale

275
Q

Two broad categories of evidence:

A

testimony under oath and

documentary evidence

276
Q

What is the swource for evidentiary rule in federal courts?

A

Federal Rules of Evidence

277
Q

To exclude witnesss from the courtroom, one side must…

A

invoke the rule

278
Q

What happens if a witness invoques the rule?

A

his/her testimony is excluded and

can be put in conten

279
Q

If a judge accepts a report from the national wather center regarding the weather conditions on a particular day, s/he is taking

A

justice notice

280
Q

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 ………..

A

relevance

281
Q

Reputation is one method of proving

A

Character evidence

282
Q

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?

A

no

283
Q

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?

A

no

284
Q

If I plead gulty to a crime, and later withdra my plea of guilty, can the prosecutor tell the jury that I did that?

A

no

285
Q

Name two provilige pairs

A

husband and wife

priest and penitent

286
Q

Every witness must either …………….and………….before testifying in court

A

swear and affirm

287
Q

If

susan is a member ofr a wird religious sect, can I use that fact to discredit her testimony in trial?

A

no

288
Q

The scope of direct examination is limited by……..

A

pleadings

289
Q

Is cross excamination in Texas limited to what was discussed on direct?

A

no

290
Q

Under what circumstances may leading questions be asked on direct?

A

when there is a hostile witness

291
Q

Answers to interrogatories cannot be used as evidence by the………….

A

by the party who answerd them

292
Q

What is another Word for predicate in terms of laying the predicate?

A

foundation

293
Q

What are the first words in laying the predicate?

A

May I approach the witness?

294
Q

To impeach the witness means to prove that the witness is ……….

A

lying

295
Q

The most common way in which a witness is impeached is by using a

A

prior inconsistent statement

296
Q

What is the definition of hearsey

A

is a statement made out-of-court, offered in court to prove the truth of the matter asserted

297
Q

Name two hearsay exceptions

A

public records and reports and

family records

298
Q

Name one kind of statement that is listed in the Rules as not being hearsey

A
  1. prior statement by a witness

2. Statements made in depositions

299
Q

At age—————, a person is an adult for purposes of the criminal justice system

A

17

300
Q

In the State of Texas, crimes are classified in what two categories?

A

misdemeanors

felony

301
Q

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?

A

Motion to supress evidence

302
Q

Evidence that is favorable to a defendant is called what?

A

Exculpatory evidence

303
Q

Which motion should be filed in every criminal case that is set for trial?

A

discovery motion

304
Q

What type of hearing is held to determine if a juvenile case should be transferred to a criminal distric court?

A

certification hearing

305
Q

What is a directive to apprehend and why is it issued?

A

is an order issued by a juvenile judge authorizing a police officer to arrest a juvenile

306
Q

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

a neutral magistrate

307
Q

Who issues a no-bill and what does it mean?

A

a grand jury

that there is not enough evidence to continue the case

308
Q

EEOC stands for

A

Equal Employment Opportunity Commission

309
Q

If the EEOC does not resolve a charge, it issues a …..

A

right to sue letter

310
Q

In court, the plaintiff must first make a ……………..case

A

prima facie

311
Q

SLNDR stands for

A

Single Legitimite Non Descriminatory Reason

312
Q

If the defendant offers a SLNDR, then the plaintiff mus show that the SLNDR is a…………….

A

pretext for decrimination

313
Q

……………………..means that you do not have to belong to a unión to get employment in Texas

A

Right to work

314
Q

What title of the ADA covers employment?

A

Title I

315
Q

Which title of the ADA covers retaliation?

A

Title V

316
Q

Disability is defined in the ADA as a physical or mental……………..that……………..limits one or more…………..

A

impairment
subtantialy
major life activity

317
Q

To cover in an employment setting, a person with a disability must be otherwise……….to perform the…………..functions of the job, with or without ………………………..

A

qualified
esential
reazonable accomodation

318
Q

With what government agency should a person file a complaint if she cannot enter a health spa because of architectural barriers?

A

Texas Commission on Human Rights Act

319
Q

If a county government doesn’t let me participate in a program because of my disability, with which agency should I file a complaint?

A

Department of Justice

320
Q

Name one legitimate defense in an ADA case

A

Undue burden

321
Q

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?

A

no

322
Q

What law requires that federal buldings be architecturally accesible?

A

Architectural Barriers Act

323
Q

What 1968 law was amended to include disabilities?

A

Fair housing Act

324
Q

What law provided that public transportation system must also offer paratransit?

A

Urban Mass Transportation Act

325
Q

What title of the ADA is violated if a municipal court is not accesible?

A

Title III

326
Q

SSI stands for……………..and SSDI stands for

A

Suplemental Security Income

Social Security Disability Insurance

327
Q

What kind of medical coverage comes with SSDI?

A

Medicare

328
Q

………………….is what SSA calls work-related activity that results in wages of at least a certain amount in a month

A

Substantial Gainful Act

329
Q

The person who hears a social security appeal at the stage after reconsideration is called an …………

A

Admininstative Law Judge

330
Q

Which one (SSI or SSDI) is needs based?

A

SSI

331
Q

Guardinanship is a legal device used to protect the rights and interests of an ……………..person

A

incapacited

332
Q

What is the person called over whom guardianship is sought?

A

Proposed Ward

333
Q

During the process to become a guardian, what is the person called who wants to be appointed guardian?

A

applicant

334
Q

Do you have to hire a lawyer in order to get a guardianship over someone or can you do it yourself?

A

you have to have a lawyer

335
Q

What happens to make the guardianship effectibe immediately after it happens?

A

A letter of guardianship is given

336
Q

What is it called if the guardianship is terminated?

A

Restoration

337
Q

IDEA stands for?

A

Individuals With Disability Education Act

338
Q

LRE stands for?

A

Least Restrictive Environment

339
Q

FAPE stands for…………………..and the most litigated letter in FAPE is……….

A

Free Appropiate Public Education

appropiate

340
Q

BIP stands for

A

Behavior Intervention Plan

341
Q

MDR stands for

A

Maniestation Determination Riview

342
Q

An agreement between the school and the parents on how a child who gets special education services will be educated is called an

A

Individual Education Plan

343
Q

Who provides over special Education hearings?

A

Idependent hearing officer

344
Q

ARD stands for

A

Admission Review Dismissal

345
Q

Motions may be made when in the proceedings?

A

at any moment

346
Q

a……………….asks the court to decide that a claim, even if accepted as true, is not one for which the law offers a remedy.

A

Motion to dismiss

347
Q

It has taken the place of the common law………..in most modern civil practice.

A

demurrer

348
Q

Unerned attorney fees must be maintained where until earned?

A

IOLTA

349
Q

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.

A

Mofion for Summary Judgment

350
Q

a———————ASKS THE COURT TO DECIDE THAT CERTAIN EVIDENCE MAY OR MAY NOT BE PRESENTED TO THE JURY AT THE TRIAL

A

Motion in Limine