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Paralegal > Civil Law > Flashcards

Civil Law Flashcards

0
Q

What do Paralegals do?

A

They do Civil Law

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1
Q

Who is my teacher in the Paralegal class?

A

Jac Brennan

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2
Q

Give examples of frivolous lawsuit

A

The McDonald’s Lawsuit

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3
Q

What does a Paralegal do?

A

Interview clients at intake and during the case, draft pleadings, letters and other documents, organize and maintain files, prepare a client for depo or court appearance, summarize depo or trial transcripts, electronical legal research, prepare legal memoranda, maintain calendar and tickler system

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4
Q

How old was the McDonald lawsuit lady?

A

79 years old

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5
Q

Where did this case took place?

A

Albuquerque, New Mexico

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6
Q

When did this case took place?

A

1992 but she filed suit in 1993.

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7
Q

Was Mrs. Liebek driving?

A

No, her grandson was. The car was not moving.

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8
Q

How hot was the coffee?

A

Estimated to be between 180-190 degrees

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9
Q

What type of burns did she have?

A

Third degree burns

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10
Q

What was Mrs. Liebeck wearing?

A

Sweatpants

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11
Q

For how long was she in the hospital?

A

8 day

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12
Q

What were the final reults of the injury?

A

Permanently desfigured and disable for 2 years.

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13
Q

How much did she initialy asked McDonalds for?

A

11 thousand to cover her medical expenses.

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14
Q

How much was requested to McDonals before filing suit?

A

90 thousand, McDonalds offered 800

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15
Q

At what temperature does McDonals serves its coffee?

A

185 degrees.

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16
Q

What is the reason why McDonalds keeps their coffe at that temperature?

A

To optimize taste

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17
Q

What does COUNCIL mean?

A

Assembly of people brought together for a discusion or deliberation.
Noun.

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18
Q

What does COUNSEL mean?

A

A lawyer or group of lawyers giving legal advice and conducting cases in court.
Means ADVISE.
Verb

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19
Q

What states do have two courts of last resort?

A

Texas and Oklahoma.

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20
Q

Who can bridge you the right of speach?

A

Only the goverment.

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21
Q

Who is the Lieutenant Governor of Texas?

A

David Dewhart

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22
Q

Who is the police chief of Houston?

A

Charles McClelland

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23
Q

What does STARE DECISIS means?

A

To stand by the decision, to ignore the presidence.

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24
Q

What does checks and balances mean?

A

Each branch of the government does its thing but they share power.

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25
Q

Who represents the executive branch?

A

The President.

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26
Q

What does the executive branch do?

A

It enforces the federal Law, can veto law and can implement law.

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27
Q

What does the legislative branch do?

A

Makes federal law.

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28
Q

What does the judicial branch do?

A

Interpretes law, decides cases.

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29
Q

Who can declare war?

A

The congress.

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30
Q

What is the highest goverment power in Texas?

A

The TX Supre Court and The Texas Court of Criminal Appeals.

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31
Q

The Congress consist of?

A

The House of Representatives and the Senate.

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32
Q

Who is the Chief Justice for the Texas Supre Court?

A

Wallace Jefferson

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33
Q

Who is the President Judge for the Texas Court of Criminal Appeal?

A

Sharon Keller.

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34
Q

What cases are resolved in the Texas Suprime Court?

A

Civil cases

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35
Q

What cases are resolved in the Texas Court of Criminal Appeal?

A

Criminal matters.

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36
Q

Which is the first of the ten Amendments?

A 
Freedom of speach
Feedom of religion
Freedom of press
Freedom of petition.
Assembly
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37
Q

What does JX stand for?

A

Jurisdiction

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38
Q

What does jurisdiction means?

A

The power or authority to act.

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39
Q

What is Personal Jurisdiction?

A

The courts power to act over a particular person

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40
Q

What is in Rem Jurisdiction?

A

The courts power over a particular thing located within the geographical area over which the court has authority

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41
Q

Mention the different subject matter jurisdiction.

A 
Limited
General
Exclusive
Concurrent
Original
Appelate
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42
Q

What is a subject matter jurisdiction?

A

The power of a court to resolve a particular category of despute.

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43
Q

What is limited jurisdiction?

A

The power of a court to hear only certain type of cases.

It is also called “special jurisdiction”

44
Q

What is general jurisdiction?

A

The power of a court to hear civil and criminal cases, with some exceptions.

45
Q

What is exclusive jurisdiction?

A

The power of a court to hear a particular kind of cases, to the exclusion of other courts.

46
Q

What is concurrent jurisdiction?

A

The power of a court to hear a particular kind of case, along with other courts that could also hear that kind of case.

47
Q

What does the PI symbol stands for?

A

Plaintiff

48
Q

What does a triangle stands for?

A

Defendant

49
Q

What is original jurisdiction

A

The power of a court to hear a particular kind of case initialy

50
Q

List of the Supreme Court Justices

A 
Chief Justice John G. Roberts
Sonia Sotomayor 
Stephen G. Breyer
Samuel A. Alito 
Elena Kagan
Clarence Thomas
Antonin Scalia
Anthony Kennedy
Ruth Bader Ginsburg
51
Q

What are trial courts?

A

Courts of original jurisdiction

52
Q

What is appellet jurisdiction?

A

Is the power of a court to hear an appeal of a case from lower tribunals to determine whether the lower tribunal commited an error of law

53
Q

What is the Federal Court levels?

A

U.S. Supreme Court

Circuit Courts of Appeal

54
Q

Name the Texas Courts

A

Texas Supreme Court

Texas Court of Criminal Appeal

55
Q

What cases see the Texas Suprem Court

A

Civil cases

56
Q

What cases does the Texas Court of Criminal Appeals hear?

A

Crimminal appeals

57
Q

How many justices does the Texas Supreme Court have?

A

9

58
Q

How many judges are in the Texas Court of Criminal Appeal?

A

9

59
Q

Do the Texas Supreme Court and the Texas Court of Criminal Appeal have different functions?

A

No, they have similar functions

60
Q

How many Courts of Appeal are in the USA.

A

There are 14

13 circuit courts and the Court of Appeal for the Army Force

61
Q

How many justices in each intermidiate appeal court?

A

Between 3 and 13

62
Q

How many judges are authorized to the Courts of Appeal?

A

80

63
Q

How many judges hear the appeal in the courts Appeal?

A

3

64
Q

In Court of Appeals, when is a banc hearing needed?

A

When it is ordered by a particular case.

65
Q

Which are the trial courts for general jurisdiction in Texas?

A

The district courts.

66
Q

What is AMOUNT IN CONTROVERSY.

A

Is the ammount in dispute.

67
Q

Are Courts especialized in Harris County?

A

Yes.

They are specialized in civil, criminal, juvenial or family law matters.

68
Q

How many Courts of Appeal are there in Houston?

A

2

The numbers are 1 and 14

69
Q

When is jurisdiction concurrent?

A

When 2 levels of court have authority to try the same kind of case

70
Q

How are County Level Courts called?

A

Constitutional County Courts

71
Q

Who is Harris County judge?

A

Ed Emmette

72
Q

What is the civil jurisdiction of most county courts at law?

A

Between $500 and $200,000

73
Q

Does the Constitution limits each county to one County Court?

A

Yes.

To help them exist the County courts at Law.

74
Q

How many civil county court al law are there in Harris County?

A

There are 4

75
Q

How many probate courts are in Harris County?

A

4

76
Q

What court of appeal is Texas?

A

Fifth

77
Q

Who grants the Legislature the authority to determine which Texas Court has jurisdiction over probate matters?

A

The Texas Constitution

78
Q

What are Statutory Probate Courts?

A

Are courts in large metropolitan areas in Texas.

They have jurisdiction over probate matters, guardianship cases and mental health items.

79
Q

Who creates the municipal courts?

A

The Texas Legislature.
They operate in cities and towns.
The larges cities have multiple courts as needed.

81
Q

Who function as small claims courts?

A

The JP courts (Justice of Peace)

81
Q

Are Texas Judges elected or appointed?

A

Elected

82
Q

Are Federal Judges elected or appointed?

A

They are appointes

83
Q

What are the Texas Administrative Agencies?

A 
Employees Retirement System of Texas
General Land Office
Office of the Atorney General
Public Utility Commision of Texas
Real Estate Commision of Texas
State Office of Administrative Hearings
State Securities Board
Texas Board os Medical Examiners
Texas Building and Procurament Commision
Texas Comptroller of Public Accounts
84
Q

Whay does the Free Exercise Clause do?

A

It prihibits the government from infringing your right to practice free religion

85
Q

How does the executive branch check the legislative branch?

A

The President can veto a bill

86
Q

How does the legislative branch check the juditial branch?

A

Confirms the judges

87
Q

Give two examples of “trial by order” in terms of the history of juries.

A

Hot water, cold water, fire

88
Q

TRE stands for?

A

Texas Rules of Evidence

89
Q

How did the jury decided how much to award in punitive damages to the plaintiff in the McDonalds coffee case?

A

2 days of coffee sales

90
Q

What is TRCP?

A

Texas Rules of Civil Procedure

91
Q

TRAP is?

A

Texas Rules of Appellate Procedure

92
Q

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

A

The municipal judges

93
Q

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

A

Jurisdiction

94
Q

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

A

In Rem jurisdiction

95
Q

The fundamental law of the country is the?

A

U.S. Constitution

96
Q

Who is the chief justice of the Supreme Court?

A

John G. Roberts

97
Q

The highest criminal court In Texas is called?

A

Texas Court of Criminal Appeal

98
Q

How many intermidiate appellet courts are there in Texas?

A

14

99
Q

How many intermidiate appellet courts are there in Houston and the number of them are?

A

There are 2

1 and 14

100
Q

Federal Courts of appeal are divided into regions known as?

A

Circuits

101
Q

To what circuit court does Texas belongs to?

A

The fifth circuit

102
Q

Federal trial courts are called?

A

United States District Courts

103
Q

Guardinship cases in Harris County are handled in what courts?

A

In the provate courts

104
Q

Who presides the small claim courts in Texas?

A

Justice of peace

105
Q

In the justice of peace courts the amount in controversy can not exceed what amount?

A

10.000

106
Q

A “court of recors” means

A

That the proceedings were recorded by a court recorder

107
Q

When does a “trial de novo” take place?

A

When the lower court was not a court of record.

Paralegal (25 decks)

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