Test 3 Flashcards
(33 cards)
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 United States 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 Executive Agreement
4
Q
- Stare decisis is Latin for _______________________________________. It means the reluctance of the court to ignore ____________________________.
A
Stand by the decision 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 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
8
Q
- How many intermediate appellate courts are in Texas? _______________
A
14
9
Q
- How many are in Houston? _____________
A
2
10
Q
- Which one(s)? ________________
A
1 and 14
11
Q
- Federal courts of appeal are divided into regions, known as _____________________________; Texas is in the ________ region.
A
circuits 5th
12
Q
- Federal trial courts are called ______________________________________.
A
United States District Courts
13
Q
- One kind of opinion of the Supreme Court can issue is a majority opinion. Name the other three: __________________________________, _______________________________, and _____________.
A
Unanimous Plurality Tie
14
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 Certiorari
15
Q
- To bring a lawsuit, the plaintiff must have ___________________________.
A
standing
16
Q
- The fundamental law of a City is its _________________________.
A
Charter
17
Q
- There are _________ civil County Courts at Law in Harris County.
A
4
18
Q
- Guardianship cases in Harris County are handled in its ________________________________ courts.
A
probate
19
Q
- Small claims courts in Texas are presided over by __________________________ _______________________.
A
justice of the peace
20
Q
- In Justice Courts, the amount in controversy may not exceed _________________.
A
$10,000.00
21
Q
- ____________________________ is the power or authority for a court to act.
A
jurisdiction
22
Q
- The court’s power over a person is called ______________________________.
A
in personam jurisdiction
23
Q
- The court’s power over a thing located in a geographic area over which it has control is called __________________________________________________.
A
in rem jurisdiction
24
Q
- The statutes of a city are called _______________________________.
A
ordinances
25
25. The three rules sections of O’Connor’s are called (words, not abbreviations): ______________________________________________________________________________________________
Texas Rules of Evidence, Appellate Procedure, Civil Procedure
26
26. Long ago, legal issues were decided in one of three ways: trial by ordeal, wager of law, or ______________________________________.
Confligration
27
27. Which federal courts have the power to probate a will? ___________________________
None. State Courts handle Probate
28
28. Other than federal judges serving in Texas, what kinds of judges in Texas are not elected? ____________________________________________________
Municipal judges
29
29. What 3 words start every session of the U.S. Supreme Court? ________________________________________________________________________
Oyez, Oyez, Oyez
30
30. Name two U.S. Courts with specialized jx: _____________________________________ and ____________________________________________________________________.
Federal tax court and Federal Bankruptcy Court
31
31. If the President vetoes a bill from Congress, what can Congress do about it? __________________________________________________________________________________________________.
Rewrite and send it back to President with 2/3 vote
32
32. The first half of O’Connor’s is called the ______________________________________.
Commentaries
33
33. Explain diversity of Citizenship relative to federal court jurisdiction.
Parties from 2 different states, state and different country and amount in controversy is $75,000 or more.
