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More Paralegal Review > Test 2 > Flashcards

Test 2 Flashcards

1
Q
  1. 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 ______________
A

Case law Statutes

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2
Q
  1. The fundamental law of the country is the ___________________________________.
A

United States Constitution

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3
Q
  1. 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 _____________________
A

Treaty Excutive Agreement

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4
Q
  1. Latin for “to stand by the decision” is ____________________________. It means the reluctance of the court to ignore ___________________________.
A

stare decisis precedent

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5
Q
  1. The first ten amendments to the Constitution are called ___________________________________________________.
A

The Bill of rights

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6
Q
  1. Under what circumstance does federal law trump state law?
A

When the two conflict

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7
Q
  1. The name of the person who is the head of the city government for Houston is
A

Annise Parker

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8
Q
  1. 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? _____
A

No

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9
Q
  1. How many amendments are in the U.S. Constitution? ________________________.
A

27

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10
Q
  1. What does the Establishment Clause do? ___________________________________
A

Government may not establish state religion or favor one religion over another

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11
Q
  1. What does the Free Exercise Clause do? ____________________________________
A

Prohibits the government from interfering with the free exercise of religion

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12
Q
  1. What five “rights” does the First Amendment provide?
A

Speech, Religion, Press, Assembly, Petition to Right Grievances

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13
Q
  1. Who is the Chief Justice of the U.S. Supreme Court?
A

John Roberts

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14
Q
  1. The highest civil court in Texas is called the _______________________________ and the highest criminal court in Texas is called the
A

Texas Supreme Court Texas Court of Criminal Appeals

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15
Q
  1. How many intermediate appellate courts are in Texas? ______________
A

14

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16
Q
  1. How many are in Houston? _____________
A

2

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17
Q
  1. Which one(s)? _________________
A

1 and 14

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18
Q
  1. Federal courts of appeal are divided into regions, known as _______________________; Texas is in the ___________ region.
A

Circuits 5th

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19
Q
  1. Federal trial courts are called (4 words) ___________________________________.
A

United States District Courts

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20
Q
  1. One kind of decision of the Supreme Court can issue is a tie decision. Name the other three: _______________, ________________ and ___________
A

Unanimous, Majority, Plurality

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21
Q
  1. 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 _______________
A

Petition for Certiorari Writ of Certioriari

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22
Q
  1. On the U.S. Supreme Court, there is one Chief Justice and ________ associate justices.
A

8

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23
Q
  1. The name of the person who is the head of the county government of Harris County is ______________________________.
A

Ed Emmett

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24
Q
  1. To bring a lawsuit, the plaintiff must have ___________________________________.
A

standing

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25
Q
  1. The fundamental law of a City is its _____________________________.
A

Charter

26
Q
  1. The body of law that is not based in statue is called _________________________.
A

common law

27
Q
  1. Guardianship cases in Harris County are handled in its _______________________ courts.
A

probate courts

28
Q
  1. Small claims courts in Texas are presided over by ________________________, and the amount in contraversy many not exceed ____________?
A

Justice of the Peace $10,000

29
Q
  1. A “court of record” means that the proceedings were ______________________________________________________________.
A

recorded by a court reporter

30
Q
  1. _____________________________ is the power or authority for a court to act.
A

jurisdiction

31
Q
  1. The court’s power over a person is called __________________________________.
A

In personam jurisdiciton

32
Q
  1. The court’s power over a thing located in a geographic area over which it has control over is called _________________________
A

in rem jurisdiction

33
Q
  1. The statues of a city are called _______________________________.
A

ordinances

34
Q
  1. Give an example of how the legislative branch checks the judicial branch:
A

writes a law that overturns a judicial decision

35
Q
  1. Give an example of how the executive branch checks the legislative branch:
A

veto a bill

36
Q
  1. Give 2 examples of “trial by ordeal” in terms of the history of juries:
A

Trial by fire Trial by cold water

37
Q
  1. How hot was the coffee that was served to the plaintiff in the McDonald’s coffee case?
A

185 - 195 degrees

38
Q
  1. How long was the plaintiff in the hospital with the injuries from the coffee in the McDonald’s coffee case? _______________________.
A

8 days

39
Q
  1. How did the jury decide how much to award in punitive damages to the plaintiff in the McDonald’s coffee case?
A

Two days worth of McDonald’s coffee sales

40
Q
  1. Which federal courts have the power to probate a will? _________________________.
A

None. Probate is at the state level

41
Q
  1. Other than federal judges serving in Texas, what kinds of judges are not elected? _________________________________.
A

Municiple court judges

42
Q
  1. What 3 words start every session of the U.S. Supreme Court?
A

Oyez, Oyez, Oyez

43
Q
  1. Name two U.S. Courts with specialized jx: _______________________________
A

Federal Tax Court, Federal Bankruptcy court

44
Q
  1. When does a “trial de novo” take place? ____________________________________
A

When a trial is not heard in a court of record

45
Q
  1. The first half of O’Connor’s is called the ____________________________________.
A

Commentaries

46
Q
  1. TRE stands for _________________________________________________________.
A

Texas Rules of Evidence

47
Q
  1. TRAP stands for ________________________________________________________.
A

Texas Rules Appellate Procedure

48
Q
  1. TRCP stands for ________________________________________________________.
A

Texas Rules of Civil Procedure

49
Q
  1. Explain diversity of citizenship in relation to federal court jurisdiction
A

When parties are from two different states or a state and different country. Amount in controversy $75,000 or more

50
Q
  1. What does en banc mean? ______________________________________________
A

All judges in that particular court hear the case

51
Q
  1. The governor of Texas is __________________________________.
A

Rick Perry

52
Q
  1. The Lt. Governor of Texas is ___________________________________.
A

David Dewhurst

53
Q
  1. The police chief of Houston is ___________________________________.
A

Charles MCCLELLAND

54
Q
  1. Who is the Secretary of State
A

John Kerry

55
Q
  1. Who is the U.S. Secretary of Defense
A

Chuck Hagal

56
Q
  1. Who is the Attorney General for the U.S.
A

Eric Holder

57
Q
  1. Who is the Senate Majority Leader
A

Harry Reid

58
Q
  1. Who is the Speaker of the House
A

John Boehner

59
Q
  1. How many U.S. Senators
A

100

60
Q
  1. How many members of the House of Rep.
A

435

More Paralegal Review (18 decks)

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