Section 2: Indiana Real Estate Law

Question 1

Constitutional law

Answer 1

Regulates government action

Question 2

Supreme source of constitutional law?

Answer 2

US Constitution

Question 3

True or False

State constitutions can supersede the US Constitution

Answer 3

False

Question 4

True or False

The US Constitution is the basis for all state constitutions

Answer 4

True

Question 5

Statutory law

Answer 5

Regulates private/individual action

Question 6

True or False

Statutory law is superior to constitutional law

Answer 6

False

Question 7

Examples of Federal statutes

Answer 7

Mortgage lending, environmental laws, civil rights

Question 8

Who enacts Federal statutes?

Answer 8

Congress

Question 9

Administrative laws and ordinances

Answer 9

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

Question 10

Examples of ordinances

Answer 10

Zoning and building codes

Question 11

Who enacts ordinances?

Answer 11

Local governments, but cannot conflict with state or federal law

Question 12

Case law

Answer 12

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

Question 13

True or False

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

Answer 13

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

Question 14

What is the US Supreme Court’s primary purpose?

Answer 14

To review decisions made by the lower courts

Question 15

What are the Circuit Courts?

Answer 15

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

Question 16

What are District Courts?

Answer 16

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

Question 17

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

Answer 17

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

Question 18

What is unique about the 13th Circuit Court?

Answer 18

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

Question 19

What is the hierarchy of the US Court system?

Answer 19

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

Question 20

What cases does the US Bankruptcy Court take?

Answer 20

Bankruptcy. There is one bankruptcy court per district.

Question 21

What cases does the US Court of International Trade take?

Answer 21

Cases involving international trade disputes

Question 22

What cases does the US Court of Federal Claims take?

Answer 22

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

Question 23

What is the highest court in Indiana?

Answer 23

Indiana Supreme Court

Question 24

How many justices serve on the Indiana Supreme Court?

Answer 24

5, but the General Assembly can add up to 8

Question 25

What cases does the Indiana Supreme Court take?

Answer 25

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

Question 26

What additional duties does the Indiana Supreme Court have?

Answer 26

- Admits attorneys to law practice - Disciplines and disbars attorneys - Disciplines, removes, and oversees retirement of judges - Handles the unauthorized practice of law

Question 27

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

Answer 27

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

Question 28

What is the structure of Indiana's trial courts?

Answer 28

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

Question 29

What are Indiana's other courts?

Answer 29

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

Question 30

What court hears this case? | Inheritance tax appeal

Answer 30

Tax court

Question 31

What court hears this case? | Domestic violence case

Answer 31

Trial court

Question 32

What court hears this case? | Contract dispute over a $2k landscaping contract

Answer 32

City court

Question 33

What court hears this case? | Civil lawsuit for $2k in damages from a car accident

Answer 33

Small claims court

Question 34

Indiana's superior and circuit courts are collectively known as...

Answer 34

trial courts