February 28 Exam

Question 1

Latin “to stand by the decision” is _______________. It means the reluctance of the court to ignore ____________________.

Answer 1

stare decisis

precedent

Question 2

The first ten amendments to the Constitution are called

Answer 2

The Bill of Rights

Question 3

Under what circumstances does federal law trump state law?

Answer 3

when there is a conflict

Question 4

If I tell my 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?

Answer 4

no

Question 5

Which amendment has the freedom of speech in it?

Answer 5

1st

Question 6

What does the Establishment Clause do?

Answer 6

the government may not establish a state religion, or favor one religion over another

Question 7

What does the Free Exercise Clause do?

Answer 7

Prohibits the government from interfering with the free exercise of religion

Question 8

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

Answer 8

veto a bill

Question 9

give 2 examples of “trial by ordeal” in terms of the history of juries:

Answer 9

trial by fire, trial by cold water, trial by hot water

Question 10

How hot was the coffee that was served to the plaintiff in the McDonald’s coffee case?

Answer 10

185-195 degrees

Question 11

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

Answer 11

write a law that overturns a judicial decision

Question 12

How long was the plaintiff in the hospital with the injuries from the coffee in the McDonald’s case?

Answer 12

8 days

Question 13

How did the jury decide how much to award in punitive damages to the plaintiff in the McDonald’s coffee case?

Answer 13

2 days worth of coffee sales

Question 14

The first half of the O’Connor’s is called the

Answer 14

commentaries

Question 15

TRE stands for

Answer 15

Texas Rules of Evidence

Question 16

TRAP stands for

Answer 16

Texas Rules of Appellate Procedure

Question 17

TRCP stands for

Answer 17

Texas Rules of Civil Procedure

Question 18

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

Answer 18

municipal court judges

Question 19

The power of a court to hear and decide a case is

Answer 19

jurisdiction

Question 20

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

Answer 20

in rem jurisdiction

Question 21

The fundamental law of the country is the

Answer 21

Constitution of the United States

Question 22

What five “rights” does the First Amendment provide?

Answer 22

Speech
Religion
Press
Assembly
Petition the Government to Right Grievances

Question 23

Who is the Chief Justice of the U.S. Supreme Court?

Answer 23

John Roberts Jr

Question 24

The highest civil court in Texas is called the _______________ and the highest criminal court in Texas is called the _______________________________.

Answer 24

Texas Supreme Court

Texas Court of Criminal Appeals

Question 25

How many intermediate appellate courts are in Texas?

Answer 25

14

Question 26

How many appellate courts are in Houston?

Answer 26

2

Question 27

Which appellate courts are in Houston?

Answer 27

1&14

Question 28

Federal courts of appeal are divided into regions, known as _________________________; Texas is in the ____region.

Answer 28

circuits

5th

Question 29

Federal trial courts are called (4 words):

Answer 29

United States District Courts

Question 30

Guardianship cases in Harris County are handled in __________ courts.

Answer 30

probate

Question 31

Small claims courts in Texas are presided over by _______________________ and the amount of controversy may not exceed ______________________________.

Answer 31

$10,000

Question 32

A “court of record” means the proceedings were

Answer 32

recorded by a court reporter.

Question 33

When does a “trial de novo” take place?

Answer 33

When a trial is not heard in a court of record

Question 34

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

Answer 34

Case Law

Statutes

Question 35

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

Answer 35

Treaty

Executive Agreement

Question 36

The name of the person who is head of the city government for Houston is

Answer 36

Anise Parker

Question 37

How many amendments are in the U.S. Constitution?

Answer 37

27