Test 2 Flashcards
1
Q
- 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
2
Q
- The fundamental law of the country is the ___________________________________.
A
United States Constitution
3
Q
- 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
4
Q
- Latin for “to stand by the decision” is ____________________________. It means the reluctance of the court to ignore ___________________________.
A
stare decisis precedent
5
Q
- The first ten amendments to the Constitution are called ___________________________________________________.
A
The Bill of rights
6
Q
- Under what circumstance does federal law trump state law?
A
When the two conflict
7
Q
- The name of the person who is the head of the city government for Houston is
A
Annise Parker
8
Q
- 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
9
Q
- How many amendments are in the U.S. Constitution? ________________________.
A
27
10
Q
- What does the Establishment Clause do? ___________________________________
A
Government may not establish state religion or favor one religion over another
11
Q
- What does the Free Exercise Clause do? ____________________________________
A
Prohibits the government from interfering with the free exercise of religion
12
Q
- What five “rights” does the First Amendment provide?
A
Speech, Religion, Press, Assembly, Petition to Right Grievances
13
Q
- Who is the Chief Justice of the U.S. Supreme Court?
A
John Roberts
14
Q
- 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
15
Q
- How many intermediate appellate courts are in Texas? ______________
A
14
16
Q
- How many are in Houston? _____________
A
2
17
Q
- Which one(s)? _________________
A
1 and 14
18
Q
- Federal courts of appeal are divided into regions, known as _______________________; Texas is in the ___________ region.
A
Circuits 5th
19
Q
- Federal trial courts are called (4 words) ___________________________________.
A
United States District Courts
20
Q
- One kind of decision of the Supreme Court can issue is a tie decision. Name the other three: _______________, ________________ and ___________
A
Unanimous, Majority, Plurality
21
Q
- 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
22
Q
- On the U.S. Supreme Court, there is one Chief Justice and ________ associate justices.
A
8
23
Q
- The name of the person who is the head of the county government of Harris County is ______________________________.
A
Ed Emmett
24
Q
- To bring a lawsuit, the plaintiff must have ___________________________________.
A
standing
25
25. The fundamental law of a City is its _____________________________.
Charter
26
26. The body of law that is not based in statue is called _________________________.
common law
27
27. Guardianship cases in Harris County are handled in its _______________________ courts.
probate courts
28
28. Small claims courts in Texas are presided over by ________________________, and the amount in contraversy many not exceed ____________?
Justice of the Peace $10,000
29
29. A “court of record” means that the proceedings were ______________________________________________________________.
recorded by a court reporter
30
30. _____________________________ is the power or authority for a court to act.
jurisdiction
31
31. The court’s power over a person is called __________________________________.
In personam jurisdiciton
32
32. The court’s power over a thing located in a geographic area over which it has control over is called _________________________
in rem jurisdiction
33
33. The statues of a city are called _______________________________.
ordinances
34
34. Give an example of how the legislative branch checks the judicial branch:
writes a law that overturns a judicial decision
35
35. Give an example of how the executive branch checks the legislative branch:
veto a bill
36
36. Give 2 examples of “trial by ordeal” in terms of the history of juries:
Trial by fire Trial by cold water
37
37. How hot was the coffee that was served to the plaintiff in the McDonald’s coffee case?
185 - 195 degrees
38
38. How long was the plaintiff in the hospital with the injuries from the coffee in the McDonald’s coffee case? _______________________.
8 days
39
39. 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
40
40. Which federal courts have the power to probate a will? _________________________.
None. Probate is at the state level
41
41. Other than federal judges serving in Texas, what kinds of judges are not elected? _________________________________.
Municiple court judges
42
42. What 3 words start every session of the U.S. Supreme Court?
Oyez, Oyez, Oyez
43
43. Name two U.S. Courts with specialized jx: _______________________________
Federal Tax Court, Federal Bankruptcy court
44
44. When does a “trial de novo” take place? ____________________________________
When a trial is not heard in a court of record
45
45. The first half of O’Connor’s is called the ____________________________________.
Commentaries
46
46. TRE stands for _________________________________________________________.
Texas Rules of Evidence
47
47. TRAP stands for ________________________________________________________.
Texas Rules Appellate Procedure
48
48. TRCP stands for ________________________________________________________.
Texas Rules of Civil Procedure
49
49. 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
50
50. What does en banc mean? ______________________________________________
All judges in that particular court hear the case
51
51. The governor of Texas is __________________________________.
Rick Perry
52
52. The Lt. Governor of Texas is ___________________________________.
David Dewhurst
53
53. The police chief of Houston is ___________________________________.
Charles MCCLELLAND
54
54. Who is the Secretary of State
John Kerry
55
55. Who is the U.S. Secretary of Defense
Chuck Hagal
56
56. Who is the Attorney General for the U.S.
Eric Holder
57
57. Who is the Senate Majority Leader
Harry Reid
58
58. Who is the Speaker of the House
John Boehner
59
59. How many U.S. Senators
100
60
60. How many members of the House of Rep.
435
