Test 2 Flashcards
- 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 ______________
Case law Statutes
- The fundamental law of the country is the ___________________________________.
United States Constitution
- 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 _____________________
Treaty Excutive Agreement
- Latin for “to stand by the decision” is ____________________________. It means the reluctance of the court to ignore ___________________________.
stare decisis precedent
- The first ten amendments to the Constitution are called ___________________________________________________.
The Bill of rights
- Under what circumstance does federal law trump state law?
When the two conflict
- The name of the person who is the head of the city government for Houston is
Annise Parker
- If I tell 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
- How many amendments are in the U.S. Constitution? ________________________.
27
- What does the Establishment Clause do? ___________________________________
Government may not establish state religion or favor one religion over another
- What does the Free Exercise Clause do? ____________________________________
Prohibits the government from interfering with the free exercise of religion
- What five “rights” does the First Amendment provide?
Speech, Religion, Press, Assembly, Petition to Right Grievances
- Who is the Chief Justice of the U.S. Supreme Court?
John Roberts
- The highest civil court in Texas is called the _______________________________ and the highest criminal court in Texas is called the
Texas Supreme Court Texas Court of Criminal Appeals
- How many intermediate appellate courts are in Texas? ______________
14
- How many are in Houston? _____________
2
- Which one(s)? _________________
1 and 14
- Federal courts of appeal are divided into regions, known as _______________________; Texas is in the ___________ region.
Circuits 5th
- Federal trial courts are called (4 words) ___________________________________.
United States District Courts
- One kind of decision of the Supreme Court can issue is a tie decision. Name the other three: _______________, ________________ and ___________
Unanimous, Majority, Plurality
- A petition asking the U.S. Supreme Court to hear a case is called a _____________________ and the official notice that the Supreme Court will review a case is called a _______________
Petition for Certiorari Writ of Certioriari
- On the U.S. Supreme Court, there is one Chief Justice and ________ associate justices.
8
- The name of the person who is the head of the county government of Harris County is ______________________________.
Ed Emmett
- To bring a lawsuit, the plaintiff must have ___________________________________.
standing
- The fundamental law of a City is its _____________________________.
Charter
- The body of law that is not based in statue is called _________________________.
common law
- Guardianship cases in Harris County are handled in its _______________________ courts.
probate courts
- Small claims courts in Texas are presided over by ________________________, and the amount in contraversy many not exceed ____________?
Justice of the Peace $10,000
- A “court of record” means that the proceedings were ______________________________________________________________.
recorded by a court reporter
- _____________________________ is the power or authority for a court to act.
jurisdiction
- The court’s power over a person is called __________________________________.
In personam jurisdiciton
- The court’s power over a thing located in a geographic area over which it has control over is called _________________________
in rem jurisdiction
- The statues of a city are called _______________________________.
ordinances
- Give an example of how the legislative branch checks the judicial branch:
writes a law that overturns a judicial decision
- Give an example of how the executive branch checks the legislative branch:
veto a bill
- Give 2 examples of “trial by ordeal” in terms of the history of juries:
Trial by fire Trial by cold water
- How hot was the coffee that was served to the plaintiff in the McDonald’s coffee case?
185 - 195 degrees
- How long was the plaintiff in the hospital with the injuries from the coffee in the McDonald’s coffee case? _______________________.
8 days
- How did the jury decide how much to award in punitive damages to the plaintiff in the McDonald’s coffee case?
Two days worth of McDonald’s coffee sales
- Which federal courts have the power to probate a will? _________________________.
None. Probate is at the state level
- Other than federal judges serving in Texas, what kinds of judges are not elected? _________________________________.
Municiple court judges
- What 3 words start every session of the U.S. Supreme Court?
Oyez, Oyez, Oyez
- Name two U.S. Courts with specialized jx: _______________________________
Federal Tax Court, Federal Bankruptcy court
- When does a “trial de novo” take place? ____________________________________
When a trial is not heard in a court of record
- The first half of O’Connor’s is called the ____________________________________.
Commentaries
- TRE stands for _________________________________________________________.
Texas Rules of Evidence
- TRAP stands for ________________________________________________________.
Texas Rules Appellate Procedure
- TRCP stands for ________________________________________________________.
Texas Rules of Civil Procedure
- Explain diversity of citizenship in relation to federal court jurisdiction
When parties are from two different states or a state and different country. Amount in controversy $75,000 or more
- What does en banc mean? ______________________________________________
All judges in that particular court hear the case
- The governor of Texas is __________________________________.
Rick Perry
- The Lt. Governor of Texas is ___________________________________.
David Dewhurst
- The police chief of Houston is ___________________________________.
Charles MCCLELLAND
- Who is the Secretary of State
John Kerry
- Who is the U.S. Secretary of Defense
Chuck Hagal
- Who is the Attorney General for the U.S.
Eric Holder
- Who is the Senate Majority Leader
Harry Reid
- Who is the Speaker of the House
John Boehner
- How many U.S. Senators
100
- How many members of the House of Rep.
435
