Week 7 Test #12 (Monday, Dec. 14) Flashcards
1
Q
Name 3 elements of a gift.
A
- Donative Intent
- Acceptance
- Delivery
2
Q
The seller or donor is called the ___ .
The buyer or recipient is called the ___.
A
grantor
grantee
3
Q
What is the name of the law that covers security deposits for apartments?
A
Texas Security Deposit Law
4
Q
What is a waiver of service in the steps of divorce?
A
you do NOT need official service of process about petition for divorce
5
Q
How many times can a TRO be extended?
A
1
6
Q
FTC
A
Federal Trade Commission
-unfair and deceptive practices
7
Q
NLRB
A
National Labor Relations Board
- union formation and elections
8
Q
FCC
A
Federal Communications Commission
- radio and TV
9
Q
ALJs issue what?
A
orders
10
Q
SEC
A
Security Exchange Commission
- issuance, sale, purchase of securities
11
Q
Divorce
A
end valid marriage
12
Q
In a civil case of conduct involving moral turpitude, ___ may be offered by the accused to rebut.
A
character
evidence
13
Q
Mention the methods of proving character
A
- reputation (most common)
- opinion
- specific instances of conduct
14
Q
Evidence of the habit of a person or of the routine practice of an organization is relevant to prove the conduct.
A
habit or
routine practice
15
Q
What is spousal maintenance?
A
granted in 2 circumstances
- lesser of $5k or 20% of gross income
- Period not to exceed 5, 7, or 10 years depending on length of marriage
16
Q
What is conservatorship?
A
custody
17
Q
hearsay
A
an out of court statement, offered in court to prove the truth of the matter asserted
18
Q
What is possession and access?
A
visitation
19
Q
When can a child decide to live with a different parent?
A
- 18
- but not before 12
20
Q
Child Support for 1 child?
A
20% of net 25% = 2 30% = 3 35% = 4 40% = 5
21
Q
The Stacey and Drew Peterson did what?
A
could not find an exception for hearsay - so one was added and made retroactive
22
Q
EPA
A
Environmental Protection Agency
- Clean Water Act
- Clean AirAct
23
Q
Evidence
A
parties prove their case to the jury or judge by introducing evidence
24
Q
2 broad categories of evidence
A
- testimony under oath
- documentary evidence
25
___ are documents and other tangible things.
documentary evidence
26
Testimony under oath and ___ are 2 broad categories of evidence.
documentary evidence
27
A ___ has developed to protect property rights.
comprehensive body of law
28
How many drugs did the FDA test last year?
0
29
EEOC
Equal Employment Opportunity Commission
| - enforce federal employment discrimination
30
Residency Requirements for divorce
- live in Texas for 6 months
| - live in county, 90 days
31
FOIA
Freedom of Information Act
32
The bundle of legal rights that the owner has to possess, use, or enjoy the property.
Estate
in
Land
33
CPSC
Consumer Product Safety Commission
- test consumer products
- seizes hazardous products
34
Who interprets / enforces CPSA?
Consumer Product Safety Act
| - consumer product safety commission governs
35
to prove that the witness is lying
impeach the witness
36
hearsay is not admissible, except as provided in the ___
TRE - Texas Rules of Evidence
37
Real property can become personal property if it is removed from the land.
A tree that is part of a forest is real property.
| but it is cut down it becomes personal property
38
steps for divorce
- petition
- pay filing fee
- service of process
- waiver of service
39
TORA
Texas Open Records Act
40
What is personal property?
everything that is not real property
- goods
- chattels
41
doctrine of evidence applied by a court that allows the court to recognize and accept the existence of a particular fact.
judicial notice
42
What powers does Administrative Agency have?
- legislative power
- executive powers
- licensing powers
- judicial powers
43
fixtures
- personal property that is affixed to land or buildings
- categorized as real property
- kitchen cabinets
44
legal marriage age
must be at least 18
45
Annulment
to dissolve a marriage / never existed
46
Rule violations
- testimony of the witness who violated may be excluded and the witness held in contempt
47
Provides that leased premises must be fit, safe, and suitable for ordinary residential use.
Implied
Warranty of
Habitability
48
Judicial Notice
a judge may take judicial notice of certain kinds of facts
49
What name did the new pope choose?
Francis
50
A form of co-ownership that includes a ____.
right
of
survivorship
51
___ passes to the deceased tenant's estate and not to the co-tenants.
Tenancy
| in Common
52
Demonstrative Evidence
- not the actual evidence
| - pictures, documents
53
To get a PO, what must you prove.
- family violence or threat
| - likely to occur in the future
54
Declarant
a person who makes a statement
55
When is the divorce final?
when final decree of divorce is issued
56
Is the court ordered alimony in Texas?
No
| Court will never order but it can be agreed to in mediation
57
What is temporary spousal support?
- support ordered during pendency of divorce
- court finds necessary and equitable
- no cap on temporary support
58
FDA
Food and Drug Administration
59
Regulation of cosmetics
attractiveness of a person
60
What are 2 broad categories of property
Real and Personal Property
61
At beginning of trial, either side can ask the judge to ___
Invoke the Rule
62
What is net income?
take home pay (after taxes)
63
Title to personal property is often acquired by will or ___
inheritance
64
2 ways to get agency records
- FOIA
| - TORA
65
Government in the Sunshine Act
open certain federal agency images to the public
66
Security Deposit Law for Commercial tenants?
TEXAS COMMERCIAL SECURITY DEPOSIT LAW
| - landlord must return deposit no later than the 60th day
67
What is Parentage Lawsuit?
determines legal biological parent
68
___ may be admissible when offered for another purpose such as proving ownership.
Subsequent Remedial Measurement
69
When is a man a presumed father?
- married to mother at birth or within 301 days of child's birth
- files assertion of paternity with Bureau Vital Statistics
- voluntarily named on birth cetificate
70
EAJA
Equal Access to Justice Act
| - protects from harassment by federal administrative agency
71
Do Not Call Registry
- Federal Communication Commission
| - Federal Trade Commission
72
What is an acknowledged father?
- mother and father signs acknowledgement of paternity and files it with the Bureau of Vital Statitics
73
Adjudicated father
found to be the father of a child by a court
74
4 things not hearsay (admissible)
- prior statement by witness
- statement made about the identification of a person after perceiving the person
- admission by a party opponent
- statements made in depositions
75
The person making a gift is the ____.
| The person receiving the gift is the ___.
donor
| donee
76
Who is required to evict you?
eviction can only be done by a constable or sheriff pursuant to a court order
77
What does a TRO require?
an affadvait
78
Regulation of Medical Devices
RMD
| - medicinal devices
79
Administrative regulations
Code of Federal Regulations (CFR)
80
Subsequent Remedial Measures
if fixing sidewalk after accident, measure is not admissible to prove negligence
81
TRO
Temporary Restraining Order
82
in a divorce what are the participants called
petitioner - files suit or petition
| respondent - answers petition
83
___ offering to furnish, accept, or offering to accept, or offering to accept, a valuable condition to settle a disputed claim is not admissible to prove liability
Evidence
of
furnishing
Offer to Compromise
84
nolo contendere
no contest
85
plea discussions
- plea of guilty later withdrawn
- plea of nolo contendere later withdrawn
- statements made in course of plea discussions with an attorney for the prosecuting authority
86
The most common way in which a witness is impeached is by using a ____
prior inconsistent statement
87
Offer exhibit to opposing counsel at the same time you say ___
"I tender to opposing counsel"
88
What court is the protective order court
280th
89
___ are witness who under oath relate facts within their knowledge.
Testimony under oath
90
sources of evidentiary rules
TRE - state court
| FRE - federal court
91
___ means that all witnesses are excluded from the courtroom so they cannot hear testimony given by other witness.
Invoking the Rule
92
Property ownership forms
the foundation of our economic system
93
An interest in real property that lasts for the life of a specified person.
Life Estate
The specified person is called the
Life Tenant
94
Department of Homeland Security
- 2002
- 22 existing federal agencies
- 2nd largest (behind Defense)
95
privilege pairs
- husband / wife
- attorney / client
- clergy / petinent
- physician / patient
96
Before testifying every witness is required to declare to testify truthfully.
oath or affimation
97
Who is the Harris County District Clerk?
Chris Daniel
98
Ex Parte
from one party
99
Who is the new pope?
Jorge Mario Bergoglio
from Argentino
100
How did the condave let the masses know a new pope had been decided?
white smoke from the chimney
101
Emergency filings
- TR0 (Ex Parte Affidavit & 14 days)
| - PO (family violence and 280th DC)
102
Can you get a divorce if you are pregnant?
No, born within 301 days of divorce
103
What is contractual alimony?
- agreement between 2 people
- it's a contract
- judge will never give to you
104
Who taught family law?
Catherine Herrington Hale
105
What is the IV-D Court
child support cases
106
Cannot be used to enhance the witness believability.
religious beliefs or opinions
107
Scope of diagnosis is limited by ___.
pleadings
108
When evidence is not relevant under the pleadings, it should ___.
not be admitted
109
The scope that includes any matter relevant to any issues in the case, including credibility
Cross Examination
110
What is mediation?
confidential settlement process
111
informal marriage
- hold yourself out
- cohabitation
- agree that you are married
112
6 ways to acquiring personal property
1. purchase
2. production
3. gift
4. inheritance
5. mislaid property
6. lost proeprty
113
Grounds for an annulment
- forced to marry by fraud
- underage or under the influence
- mentally incompetent
- impotenent
114
pro se
one who represent him/herself
115
Where is the Family Law handbook published?
Houston Bar Association
| hba.org
116
You may be evicted only after:
- landlord starts legal proceeding
- opportunity to appear in court
- judge orders you to leave
- you do not leave on your own
117
a gift
- voluntary transfer of property without consideration
| - lack of consideration is what distinguishes a gift from a purchase
118
What is enforcement?
lawsuit against person who violates court order
119
Right to possess property in the future, rather than present.
Future Interests
2 forms
REVERSION & REMAINDER
120
Ownership in which each spouse owns an equal one-half share income and assets
Community property
121
If I'm late with my rent, can my landlord throw me out?
No, a landlord cannot personally evict a tenant
122
Famous nolo contendere case
U.S. v. Agnew
- bribes
- fraud
123
liability insurance
evidence that person was or was not insured against liability is NOT admissible on whether person acted negligently
124
How many courts are used for family law?
9 Family law courts
1 protective order court
4 IV-D Courts
125
ALJ
Administrative
Law
Judges
126
How long does it take to get a divorce?
- at least 60 days
| - can't marry for 30 days
127
What must all family law cases do before final trial?
mediation used to settle the case
128
What is considered community property?
- 1 to 9 states
- not 50/50 split
- JUST & RIGHT DIVISION
- we are a no fault state
129
Is there contractual alimony in Texas? What are they?
Yes
- Contractual
- temporary spousal support
- maintenace
130
In Texas, you cannot marry your ..
- siblings
- aunt, uncle, niece, nephew
- cousin
- ancestor & descendant
- stepkids or stepparents
131
__ are what can't be brought as evidence into court.
privileges
132
what is modification?
changing terms of divorce decree regarding children
133
Competency of Witnesses
- insane person
| - children who appear not to possess intellect
134
You address the court by saying ____
"May I approach the witness?"
135
The highest form of ownership of real property
Fee
Simple
Absolute
136
The law protects the right of property owners to ___.
- use
- sell
- dispose of
- control and
- prevent others from trespassing on their property rights.
137
SAPCR
```
suit
affecting
parent
child
relationship
```
138
CCJ
Court of
Continuing
Jurisdiction
139
When 2 or more persons own a piece of real property it's called ___
Concurrent
| Ownership
140
Instruction of the Rule
- not to converse about case with each other
| - not to read any reports
141
What is real property?
- land and property that is permanently affixed to it
- minerals
- crops
- timber
142
Are there juries in Administrative hearings?
NO
143
When can the judge take judicial notices during a trial?
At any point
144
Under Texas law, there is a right of ___ cross examination.
FULL AND COMPLETE
145
Privileges
can't be forced to testify in court
146
Real property that can be used by married couples only, but not in Texas.
Tenancy by the
| Entirety
147
Kinds of Judicial Notice
fact not subject to reasonable dispute:
- rush hour traffic
- national weather report
148
Evidence having any tendency to make the existence of any fact is of consequence.
Relevant Evidence
| said in class she will give us the definition and we need to know Relevant Evidence
149
Leading questions
- the answer is in the question
can't say: Was the light red?
can say: What color was the light?
150
Redirect Recross
redirect - answer given on cross
| recross - answer given on redirect
151
Hostile witness
a person who has a position that is leaned over to the other side
152
A form of joint ownership that includes a right of survivorship called
Joint
| Tenancy
153
Answers to ___ cannot be used as evidence by the party who answered them.
Interrogatories
154
What is the first thing to do before filing a divorce?
check for jurisdiction
155
Real Property is
Minerals - crops, timber, bldgs attachedd to land
