Civil Law Flashcards
What do Paralegals do?
They do Civil Law
Who is my teacher in the Paralegal class?
Jac Brennan
Give examples of frivolous lawsuit
The McDonald’s Lawsuit
What does a Paralegal do?
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
How old was the McDonald lawsuit lady?
79 years old
Where did this case took place?
Albuquerque, New Mexico
When did this case took place?
1992 but she filed suit in 1993.
Was Mrs. Liebek driving?
No, her grandson was. The car was not moving.
How hot was the coffee?
Estimated to be between 180-190 degrees
What type of burns did she have?
Third degree burns
What was Mrs. Liebeck wearing?
Sweatpants
For how long was she in the hospital?
8 day
What were the final reults of the injury?
Permanently desfigured and disable for 2 years.
How much did she initialy asked McDonalds for?
11 thousand to cover her medical expenses.
How much was requested to McDonals before filing suit?
90 thousand, McDonalds offered 800
At what temperature does McDonals serves its coffee?
185 degrees.
What is the reason why McDonalds keeps their coffe at that temperature?
To optimize taste
What does COUNCIL mean?
Assembly of people brought together for a discusion or deliberation.
Noun.
What does COUNSEL mean?
A lawyer or group of lawyers giving legal advice and conducting cases in court.
Means ADVISE.
Verb
What states do have two courts of last resort?
Texas and Oklahoma.
Who can bridge you the right of speach?
Only the goverment.
Who is the Lieutenant Governor of Texas?
David Dewhart
Who is the police chief of Houston?
Charles McClelland
What does STARE DECISIS means?
To stand by the decision, to ignore the presidence.
What does checks and balances mean?
Each branch of the government does its thing but they share power.
Who represents the executive branch?
The President.
What does the executive branch do?
It enforces the federal Law, can veto law and can implement law.
What does the legislative branch do?
Makes federal law.
What does the judicial branch do?
Interpretes law, decides cases.
Who can declare war?
The congress.
What is the highest goverment power in Texas?
The TX Supre Court and The Texas Court of Criminal Appeals.
The Congress consist of?
The House of Representatives and the Senate.
Who is the Chief Justice for the Texas Supre Court?
Wallace Jefferson
Who is the President Judge for the Texas Court of Criminal Appeal?
Sharon Keller.
What cases are resolved in the Texas Suprime Court?
Civil cases
What cases are resolved in the Texas Court of Criminal Appeal?
Criminal matters.
Which is the first of the ten Amendments?
Freedom of speach Feedom of religion Freedom of press Freedom of petition. Assembly
What does JX stand for?
Jurisdiction
What does jurisdiction means?
The power or authority to act.
What is Personal Jurisdiction?
The courts power to act over a particular person
What is in Rem Jurisdiction?
The courts power over a particular thing located within the geographical area over which the court has authority
Mention the different subject matter jurisdiction.
Limited General Exclusive Concurrent Original Appelate
What is a subject matter jurisdiction?
The power of a court to resolve a particular category of despute.
What is limited jurisdiction?
The power of a court to hear only certain type of cases.
It is also called “special jurisdiction”
What is general jurisdiction?
The power of a court to hear civil and criminal cases, with some exceptions.
What is exclusive jurisdiction?
The power of a court to hear a particular kind of cases, to the exclusion of other courts.
What is concurrent jurisdiction?
The power of a court to hear a particular kind of case, along with other courts that could also hear that kind of case.
What does the PI symbol stands for?
Plaintiff
What does a triangle stands for?
Defendant
What is original jurisdiction
The power of a court to hear a particular kind of case initialy
List of the Supreme Court Justices
Chief Justice John G. Roberts Sonia Sotomayor Stephen G. Breyer Samuel A. Alito Elena Kagan Clarence Thomas Antonin Scalia Anthony Kennedy Ruth Bader Ginsburg
What are trial courts?
Courts of original jurisdiction
What is appellet jurisdiction?
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
What is the Federal Court levels?
U.S. Supreme Court
Circuit Courts of Appeal
Name the Texas Courts
Texas Supreme Court
Texas Court of Criminal Appeal
What cases see the Texas Suprem Court
Civil cases
What cases does the Texas Court of Criminal Appeals hear?
Crimminal appeals
How many justices does the Texas Supreme Court have?
9
How many judges are in the Texas Court of Criminal Appeal?
9
Do the Texas Supreme Court and the Texas Court of Criminal Appeal have different functions?
No, they have similar functions
How many Courts of Appeal are in the USA.
There are 14
13 circuit courts and the Court of Appeal for the Army Force
How many justices in each intermidiate appeal court?
Between 3 and 13
How many judges are authorized to the Courts of Appeal?
80
How many judges hear the appeal in the courts Appeal?
3
In Court of Appeals, when is a banc hearing needed?
When it is ordered by a particular case.
Which are the trial courts for general jurisdiction in Texas?
The district courts.
What is AMOUNT IN CONTROVERSY.
Is the ammount in dispute.
Are Courts especialized in Harris County?
Yes.
They are specialized in civil, criminal, juvenial or family law matters.
How many Courts of Appeal are there in Houston?
2
The numbers are 1 and 14
When is jurisdiction concurrent?
When 2 levels of court have authority to try the same kind of case
How are County Level Courts called?
Constitutional County Courts
Who is Harris County judge?
Ed Emmette
What is the civil jurisdiction of most county courts at law?
Between $500 and $200,000
Does the Constitution limits each county to one County Court?
Yes.
To help them exist the County courts at Law.
How many civil county court al law are there in Harris County?
There are 4
How many probate courts are in Harris County?
4
What court of appeal is Texas?
Fifth
Who grants the Legislature the authority to determine which Texas Court has jurisdiction over probate matters?
The Texas Constitution
What are Statutory Probate Courts?
Are courts in large metropolitan areas in Texas.
They have jurisdiction over probate matters, guardianship cases and mental health items.
Who creates the municipal courts?
The Texas Legislature.
They operate in cities and towns.
The larges cities have multiple courts as needed.
Who function as small claims courts?
The JP courts (Justice of Peace)
Are Texas Judges elected or appointed?
Elected
Are Federal Judges elected or appointed?
They are appointes
What are the Texas Administrative Agencies?
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
Whay does the Free Exercise Clause do?
It prihibits the government from infringing your right to practice free religion
How does the executive branch check the legislative branch?
The President can veto a bill
How does the legislative branch check the juditial branch?
Confirms the judges
Give two examples of “trial by order” in terms of the history of juries.
Hot water, cold water, fire
TRE stands for?
Texas Rules of Evidence
How did the jury decided how much to award in punitive damages to the plaintiff in the McDonalds coffee case?
2 days of coffee sales
What is TRCP?
Texas Rules of Civil Procedure
TRAP is?
Texas Rules of Appellate Procedure
In Texas, other than federal judges serving in Texas, what kind of judges are not elected?
The municipal judges
The power of a court to hear and decide a case is called?
Jurisdiction
The power of a court to hear a case about a particular thing within a geographical area coverd by the court is called?
In Rem jurisdiction
The fundamental law of the country is the?
U.S. Constitution
Who is the chief justice of the Supreme Court?
John G. Roberts
The highest criminal court In Texas is called?
Texas Court of Criminal Appeal
How many intermidiate appellet courts are there in Texas?
14
How many intermidiate appellet courts are there in Houston and the number of them are?
There are 2
1 and 14
Federal Courts of appeal are divided into regions known as?
Circuits
To what circuit court does Texas belongs to?
The fifth circuit
Federal trial courts are called?
United States District Courts
Guardinship cases in Harris County are handled in what courts?
In the provate courts
Who presides the small claim courts in Texas?
Justice of peace
In the justice of peace courts the amount in controversy can not exceed what amount?
10.000
A “court of recors” means
That the proceedings were recorded by a court recorder
When does a “trial de novo” take place?
When the lower court was not a court of record.
