Week 1 - Monday

Question 1

Let “to stand by the decision” is ________. It means the reluctance of the court to ignore ____________.

Answer 1

stare decisis

precedent

Question 2

The first ten amendments to the Constitution are called

Answer 2

The Bill of Rights

Question 3

Under what circumstances does federal law trump state law?

Answer 3

when there is a conflict

Question 4

If I tell my 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?

Answer 4

no

Question 5

Which amendment has the freedom of speech in it?

Answer 5

1st Amendment

Question 6

What does the Establishment Clause do?

Answer 6

It prohibits the government from establishing a national government or favoring one religion over another.

Question 7

Give an example of how the executive branch checks the legislative branch

Answer 7

veto a bill

Question 8

give 2 examples of “trial by ordeal” in terms of the history of juries:

Answer 8

trial by fire
trial by cold water
trial by hot water

Question 9

How hot was the coffee that was served to the plaintiff in the McDonald’s coffee case?

Answer 9

190 degrees

Question 10

Give an example of how the legislative branch checks the judicial branch.

Answer 10

write a law that overturns a judicial decision

Question 11

How long was the plaintiff in the hospital with the injuries from the coffee in the McDonald’s case?

Answer 11

8 days

Question 12

How did the jury decide how much to award in punitive damages to the plaintiff in the McDonald’s coffee case?

Answer 12

2 days’ worth of McDonald’s coffee sales

Question 13

The first half of the O’Connor’s is called the

Answer 13

commentaries

Question 14

TRE stands for

Answer 14

Texas Rules of Evidence

Question 15

TRAP stands for

Answer 15

Texas Rules of Appellate Procedure

Question 16

TRCP stands for

Answer 16

Texas Rules of Civil Procedure

Question 17

In Texas, other than federal judges serving in Texas, what kinds of judges are not elected?

Answer 17

municipal court judges

Question 18

The power of a court to hear and decide a case is

Answer 18

jurisdiction

Question 19

The power of a court to hear a case about a particular thing within the geographical area covered by the court is called

Answer 19

in rem jurisdiction

Question 20

The fundamental law of the country is the

Answer 20

U.S. Constitution

Question 21

What five “rights” does the First Amendment provide?

Answer 21

1. Freedom of Speech
2. Freedom of Religion
3. Freedom of Press
4. Right to Peacefully Assemble
5. Right to Petition the Government

Question 22

Who is the Chief Justice of the U.S. Supreme Court?

Answer 22

John Roberts

Question 23

The highest civil court in Texas is called the ___________ and the highest criminal court in Texas is called the __________.

Answer 23

Texas Supreme Court

Texas Court of Criminal Appeals

Question 24

How many intermediate appellate courts are in Texas?

Answer 24

14

Question 25

How many appellate courts are in Houston?

Answer 25

2

Question 26

Which appellate courts are in Houston?

Answer 26

1 and 14

Question 27

Federal courts of appeal are divided into regions, known as ________; Texas is in the ________ region.

Answer 27

circuit courts 5th

Question 28

Federal trial courts are called (4 words):

Answer 28

United States District Courts

Question 29

Guardianship cases in Harris County are handled in _______ courts.

Answer 29

probate

Question 30

Small claims courts in Texas are presided over by ___________ and the amount of controversy may not exceed ______________.

Answer 30

Justice of the Peace $10,000

Question 31

A "court of record means the proceedings were

Answer 31

recorded by a court reporter

Question 32

When does a "trial de novo" take place?

Answer 32

When the lower court was not the court of record

Question 33

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 ______________.

Answer 33

statutes case law

Question 34

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 ______________.

Answer 34

Treaty Executive Agreement

Question 35

The name of the person who is head of the city government or Houston is

Answer 35

Annise Parker

Question 36

How many amendments are in the U.S. Constitution?

Answer 36

27

Question 37

Explain diversity of citizenship relative to federal court jurisdiction:

Answer 37

1. when citizens of 2 different states or state and another country are involved 2. when the amount in controversy exceeds $75,000

Question 38

Why or why not can I tell the lawyers in my firm that they cannot ever utter the word "destroy" in my present or they will be fired?

Answer 38

Only the government can violate someone's free speech.

Question 39

What does the Free Exercise Clause do?

Answer 39

It prohibits the government from violating your right to practice your religion.

Question 40

What was the plaintiff's name in the McDonald's case?

Answer 40

Stella Leibeck

Question 41

The power of a court to hear and decide a case involving a person within the geographical area covered by the court is called

Answer 41

personal jurisdiction

Question 42

One kind of decision the SCOTUS can reach is a plurality decision. Name the other three:

Answer 42

1. majority 2. plurality 3. tied 4. unanimous

Question 43

En Banc means

Answer 43

it's all the justices on that particular court hear the case

Question 44

In which amendment is the right to bear arms?

Answer 44

2nd Amendment

Question 45

Which amendment is about quartering solders?

Answer 45

3rd Amendment

Question 46

Which amendment offers protection against self-incrimination?

Answer 46

5th Amendment

Question 47

How many clauses in the Constitution relate to religious freedom?

Answer 47

2 clauses

Question 48

Name one of the former students who spoke to your class on the first day:

Answer 48

Crystal Rogers