Examen Flashcards
What is Stares Decisis
To stand by the decision
In Stares Decisis the court ignores…
The precedents
Under what circumstance does federal law trumps state law?
When they are in conflict
The first ten amendments of the Constitution are called?
The Bill of rights
Which amendment has the freedom of speach in it?
The First amendment
What does the establisment clause do?
Prohibits the goverment on establishing a religion or favoring one over the other
What does the free exercise do?
Prohibits the government from infringing your right to practice free religion
Give an example of how the executive branch checks the legislative branch
The president can veto a bill
Enforcing the law
Give an example of how the legislative branch checks the judicial branch
It confirms the judges
Give two examples of trial by ordeal in terms of history of juries
Hot water
Cold water
Fire
How long was the plaintiff in the hospital in the McDonalds case?
8 days
TRE stands for
Texas Rules of Evidence
How hot was the coffee in the McDonalds case?
185 F
How did the jury decide how much to award the plaintiff in the McDonalds case?
two days of coffee sales
TRCP stands for?
Texas Rules of Civil Procedure
TRAP stands for?
Texas Rules of Appellate Procedure
The power of a court to hear and decide in a case is called?
Jurisdiction
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 a case about a particular thing within the geographical area covered by that court is called?
In REM jurisdiction
The fundamental law of the country is the?
Constitution
How many intermediate courts are there in Houston?
2
number 1 and 14
The highest civil courts in Texas are called?
Texas Supreme Court
Texas Court of Criminal Appeal
In Justice of Peace the amount in controversy may not exceed?
10,000
A court of record means the proceedings were?
Recorded by a court recorder
Small claims courts in Texas are provided over by?
Justice of the peace
When does a “trial de novo” takes place?
When the lower court was not a court of record
DEFINITELY
Correct way to spell
Name the associate justices of the Supreme Court
Sonia Sotomayor Elena Kagan Ruth Bader Ginsburg Samuel A. Alito Stephan G. Breyer Anthony Kennedy Antonin Scalia Clarence Thomas
Law developed by judges through opinions issued when deciding a case is called?
Case law
Written laws enacted by the States or federal legislative branches is called
Statutes
If a treaty is not ratified by the Senate it is called?
An executive agreement
A compact between 2 or more nations, ratified by the Senate is a?
Treaty
What is the latin word for “stand by the decisión”?
Stare decisis
Stare decisis is the reluctance of the court to?
To ignore precedence
What does stare decisis mean?
To stand by the decision
How many amendments are there in the Constitution?
27
The head of the city government of Houston is?
Mayor Annise Parker
Who is Annise Parker
The head of the government of Houston
What does the Establishment clause do?
The government can impose or favor one religion over another
What does the free exercise clause do?
Infringes the government to practice your right of free religion
Who is the Chief justice of the Supreme Court?
John G. Roberts
What five rights does the first amendment of the constitution provides?
Freedom of religion, speech, press, petition and assembly
Who is John G. Roberts?
The Chief justice of the US Supreme Court
How many intermediate courts are there in Texas?
14
The highest civil court in Texas is called?
The Texas Supreme Court
What is the highest criminal court in Texas?
The Texas Court of Criminal Appeal
To what circuit court does Texas make part of?
The fifth circuit
Federal courts of appeal are divided into regions called?
Circuits
FEDERAL TRIAL COURTS ARE ALSO CALLED? 4 words
US District Courts
The notice that the Supreme Court will hear a case is called?
Writ of certiorari
One kind of a decision the Supreme Court can issue is a TIE decision, name the other 3
Majority
Plurality
Unanimous
A petition asking the US Supreme court to hear a case is called?
Petition for certiorary
How many associate justices are there in the Supreme Court?
8
To bring a law suit a plaintiff must have?
Standing
Who is the head for HARRIS County government?
Ed Emmette
Who is Ed Emmette?
The head of the government for Harris County
Guardianship cases in Harris county are handled by?
The provate court
The fundamental law of a city is called?
Charter
Small claims court in Texas are presided over by?
Justice of the peace if the amount in controversy does not exceed 10000
The body of law that is not based on Statues is called?
Common law
A court of record means that the precedence was?
Recorded by a court recorder
The courts power over a person is called?
In personam jurisdiction
Jurisdiction is the……….
power of a court to act.
The courts power over things located in geographical areas over which it has control is called?
In REM jurisdiction
The statutes of a city are called?
Ordinance
Give an example of how the legislative branch checks the judicial branch
Confirms judicial appointments
Name two US courts specialized in jx
The US Tax Court
The US Bunckruptcy Court
Other than federal judges, which other judges in Texas are not elected?
Municipal judges
Give an example of how the executive branch crecks the legislative branch
The right to veto
The first half of the O’connors is called?
The comentaries
When does trial de novo take place?
When a trial was not recorded by a court recorder
Explain diversity jurisdiction in relation to federal court jurisdiction
A court with diversity citizenship jx has the power to hear cases in which one or both parties are not citizens of that state and the amount in controversy is 75000 or greater
What does en banc mean?
That all the judges of that court are asked to hear the case
Who is the governor of Texas?
Rick Perry
Who is Rick Perry?
The governor of Texas
Who is the Lt. Governor of Texas?
David Dewhart
Who is David Dewhart?
The Lt. Governor of Texas
Who is the police chief of Houston?
Charles McClelland
Who is Charles McClelland?
The chief police of Houston
Who is the US Secretary of State?
John Kerry
Who is John Kerry?
The US Secretary of State
Who is the US Secretary of Defence?
Chac Hagal
Who is Chac Hagal
Is the US Secretary of Defence
How many US Senators are there?
- 2 for each state
Who is the Attorney General of the US?
Eric H. Holder Jr.
How is the national anthem called?
The Star-Spangled Banner
Who is the US. Senate Majority leader?
Harry Ried
Who is Eric H. Holder Jr.?
He is the Attorney General of the US
Who is Harry Ried?
He is the US Senate Majority Leader
Who is the speaker of the US House?
John Boehnor
Who is John Boehnor?
The Speaker of the US House
How many US House of representatives are there?
435
Who wrote the national Anthem?
Francis Scott Key
Who is Francis Scott Key?
The author of the national anthem
For how many years are the Senators elected for?
6 years
the person for who a will is made, who will be signing the will, is called the……………..
testator
If I have 3 children and I don’t want one child to get any of my estate, can I leave that one child out of the will?
yes
If I tell a lawyers in my firm that they cannot ever utter the word “destroy” in my presence or they will be fired, is their right to free speech violated?
no
For how many years are the US House of Rep. Elected for?
2 years
How old do you have to be to become president of the US?
35 years old
a……………………occurs when a spouse who owns a home as separate property dies, leaving behind another spouse who wants to continue to live in the house
Life Estate
In Texas, what adjective precedes the word “Executor” in a will
Independent
What does “independent executor” mean
that s/he can operate without a court approval
What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?
Contingent trust
In my will, can I name someone as the guardian I want for mi monor child even if the other biological parent is still alive?
yes but, the biological parent is first
What is the correct name for a No-Contes Clause?
in Terorem Clause
What religion does Barack Obama profeses?
Cristian
A………………………..prevents a person from assigning his interest in an inheritance to a third party
the Spendthrift Provision Clause
How many president of the US have been assassinated?
4
Kennedy, Lincoln, Garfield and McKinley
When did women get the right to vote in the US?
In 1920 with the passage of the XIX Amendment
Who us the US president in 1958?
D. D. Eisenhower
What are the two most common competency questions?
what year is it and what is the actual presidents name
Federal courts of appeal are divided into regions known as…………….. Texas is the……………..
circuits
fifth circuit
a………………………..gives other person the power to handle your financial affairs
durable power of attorney
What three words start every sesión of the U.S. Supreme Court?
oyez, oyez, oyez
a………………………………gives another person the power to make health care decisions for you if you can’t
Medical power of attorney
What is the last page that is attached to a will called?
the self-proving affidavit
What is the most unique feature of the appointing of agent document?
that it has to be signed by the agent
Things like bank accounts and life insurance policies that pass outside the will are called?
non-probate assets
Why do we have a self-proving affidavit
dont have to come to probate
What is the statutorily correct name for the other kind of marriage that is not informal?
ceremonial marriage
what is the mínimum age for a witness in a will
14 years of age
Laws developed by judges through opinions issued when deciding cases is called…………………..as opposite to written laws enacted by state or federal legislative branches, which are called………….
case law
statutes
What is a will signing called?
Execution
What is the statute of limitations for probating a will
4 years
What does probate mean?
to prove up
A petition asking the US Supreme Court to hear a case is called a………………………..and the oficial notice that the Supreme Court will review a case is called a —————–
petition for certiorari
writ of certiorari
If the executor of a will lives outside of Texas, what must be appointed?
a registered agent to do service of process
The correct name for a “living Will” is
Directive to physician
a………………………………………appoints another person to handle your funeral and what happens to your body
appointment of agent to control disposición of remainins
Small claims courts in Texas are presided over by……………
justice of the peace
what is the statutorily correct name for a “common law” marriage in Texas?
informal marriage
A person who is named in a will as a person who will get a sum of money or tangible property is called a ……………………………………
beneficiary
The fundamenta law of the US is called
the Constitution
Federal trial courts are called?
District courts
The court power over a thing located in a geographic area over which it has control is called?
in Rem jurisdiction
Name the kinds of opinions a Supreme Court can give
unanimous
majority
plurality
tie
To bring a law suit the plaintiff must have
standing
The fundamental law of a City is
charter
Which Federal Court have the power to probate a will?
no federal court
