Ch. 3 LITIGATION & ALTERNATE DISPUTE RESOLUTION Flashcards

1
Q

A challenge for cause in voir dire is what

A

granted by the judge of the case

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2
Q

Bryan, Texas is in what Federal District Court?

A

southern

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3
Q

Which type of court makes precedent

A

Appellate courts

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4
Q

You should only ask a question in a trial that begins with “why” when

A

you know the answer the witness will give

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5
Q

Quasi in rem juridiction:

A

probably doesn’t exist anymore and is used to obtain territorial jurisdiction due to property of someone that is not necessarily the subject matter of the lawsuit being located in the courts physical jurisdiction

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6
Q

what is a majority opinion

A

an opinion by most of the judges/justices and it establishes precedent

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7
Q

which texas court must have an attorney in good standing as the judge

A

county court lat law

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8
Q

which texas courts were created by the texas legislature

A

small claims court and county court at law

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9
Q

An application for writ of certiorari is used to gain admittance to what court?

A

US supreme court

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10
Q

how many members are on the texas supreme court

A

9

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11
Q

in rem jurisdiction is what

A

using the subject matter of the lawsuit to obtain jurisdiction in a case and a means of obtaining territorial jurisdiction

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12
Q

which texas court can hear criminal matters is elected by a state-wide election

A

court of criminal appeals

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13
Q

what are the requests for admission

A

statements that the party to the lawsuit is required to either admit or deny

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14
Q

which introductory, lowest level texas trial court can hear vivil law?

A

small claims court and justice of the peace court

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15
Q

a peremptory challenge is what

A

a challenge to a prospective juror that takes little or no reason and limited to a certain number of challenges

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16
Q

what is the only texas court that is normally appointed

A

municipal court

17
Q

a concurrent opinion is what

A

agreeing with the majority opinion result but for different reasons

18
Q

which texas appellate court is not a true appellate court in that the trail is a retrial of the case?

A

county court and county court at law

19
Q

in texas if a judge signs an order authorizing substituted service, then service can be obtained by what

A

serving the citation to anyone at the defendants residence over the age of 14, nailing the citation to the front door of the defendants residence and publishing the notice in the defendants hometown newspaper

20
Q

where does the US court of appeals sit that includes texas federal courts

A

new orleans