Week 2 - Thursday (Nov. 5) Test #3 Flashcards

(40 cards)

1
Q

Law developed by judges through opinions issued when deciding cases is called

A

statutes

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2
Q

Written laws enacted by state or federal legislative branches are called

A

case law

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3
Q

The fundamental law of the United States is the

A

U.S. Constitution

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4
Q

A compact between two or more nations that is ratified by the Senate is a

A

treaty

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5
Q

If a treaty is not ratified by the Senate, it is called a(n)

A

executive agreement

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6
Q

Stare decisis is Latin for

A

let the decision stand

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7
Q

It means the reluctance of the court to ignore _____

A

precednece

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8
Q

The first ten amendments of the Constitution are called

A

the Bill of Rights

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9
Q

Under what circumstance does federal law trump state law?

A

when there is a conflict between the two - federal law trumps

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10
Q

The highest civil court in Texas is called the

A

Texas Supreme Court

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11
Q

The highest criminal court in Texas is called the

A

Texas Court of Criminal Appeals

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12
Q

How many intermediate appellate courts are in Texas?

A

14

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13
Q

How many intermediate appellate courts are in Houston?

A

2

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14
Q

Which intermediate appellate courts are in Houston?

A

Nos. 1 & 14

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15
Q

Federal courts of appeal are divided into regions, known as

A

circuits

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16
Q

Which region of the federal courts of appeal is Texas in?

A

Fifth Circuit Court of Appeals

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17
Q

Federal trial courts are called

A

U.S. District Courts

18
Q

Name the four kinds of opinions the U.S. Supreme Court can issue.

A
  1. Majority opinion
  2. Plurality opinion
  3. Tie opinion
  4. Unanimous opinion
19
Q

A petition asking the U.S. Supreme Court to hear a case is called a(n)

A

write FOR certiorari

20
Q

The official notice from the U.S.Supreme Court stating they will review a case is called a(n)

A

writ OF certiorari

21
Q

To bring a lawsuit, the plaintiff must show?

22
Q

The fundamental law of a City is its

23
Q

There are __ civil county courts at law in Harris County

24
Q

Guardianship cases in Harris County are handled in its ____

A

probate courts

25
Small claims courts in Texas are presided over by
JusticeS of the Peace
26
In Justice Courts, the amount-in-controversy may not exceed ?
$10,000
27
The power or authority for a court to act.
Jurisdiction
28
The court's power over a person is called
in personam jurisdiction
29
The court's power over a thing located in a geographic area over which it has control is called
in rem jurisdiction
30
The statutes of a city are called
ordinances
31
The tree rules sections of O'Connor's are called (words, not abbreviations)
(RuleS is the only thing plural) Texas Rules of Civil Procedure (TRCP) Texas Rules of Appellate Procedure (TRAP) Texas Rules of Evidence (TRE)
32
Trial by ordeal involved on of three ordeals:
1. trial by hot water 2. trial by cold water 3. trial by fire
33
Which federal courts have the power to probate a will?
None, no federal courts. It is only a state court thing.
34
The 3 elements of standing are:
1. injury-in-fact 2. causation 3. capable of relief
35
Other than federal judges serving in Texas, what kinds of judges in Texas are not elected?
municipal court judges
36
What 3 words start every session of the U.S. Surpeme Court?
Oyez! Oyez! Oyez!
37
Name two U.S. Courts with specialized jurisdiction (jx):
1. U.S. Bankruptcy Court | 2. U.S. Tax Court
38
If the President vetoes a bill from Congress, what can Congress do about it?
Override the veto
39
The first half of O'Connor's is called the
commentaries
40
Explain "diversity of citizenship" relative to federal court jurisdiction.
- a conflict between 2 citizens of 2 different states or a state and another country - AMOUNT-IN-CONTROVERSY must exceed $75,000