February 28 Exam Flashcards
Latin “to stand by the decision” is _______________. It means the reluctance of the court to ignore ____________________.
stare decisis
precedent
The first ten amendments to the Constitution are called
The Bill of Rights
Under what circumstances does federal law trump state law?
when there is a conflict
If I tell my 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
Which amendment has the freedom of speech in it?
1st
What does the Establishment Clause do?
the government may not establish a state religion, or favor one religion over another
What does the Free Exercise Clause do?
Prohibits the government from interfering with the free exercise of religion
Give an example of how the executive branch checks the legislative branch.
veto a bill
give 2 examples of “trial by ordeal” in terms of the history of juries:
trial by fire, trial by cold water, trial by hot water
How hot was the coffee that was served to the plaintiff in the McDonald’s coffee case?
185-195 degrees
Give an example of how the legislative branch checks the judicial branch.
write a law that overturns a judicial decision
How long was the plaintiff in the hospital with the injuries from the coffee in the McDonald’s case?
8 days
How did the jury decide how much to award in punitive damages to the plaintiff in the McDonald’s coffee case?
2 days worth of coffee sales
The first half of the O’Connor’s is called the
commentaries
TRE stands for
Texas Rules of Evidence
TRAP stands for
Texas Rules of Appellate Procedure
TRCP stands for
Texas Rules of Civil Procedure
In Texas, other than federal judges serving in Texas, what kinds of judges are not elected?
municipal court judges
The power of a court to hear and decide a case is
jurisdiction
The power of a court to hear a case about a particular thing within the geographical area covered by the court is called
in rem jurisdiction
The fundamental law of the country is the
Constitution of the United States
What five “rights” does the First Amendment provide?
Speech Religion Press Assembly Petition the Government to Right Grievances
Who is the Chief Justice of the U.S. Supreme Court?
John Roberts Jr
The highest civil court in Texas is called the _______________ and the highest criminal court in Texas is called the _______________________________.
Texas Supreme Court
Texas Court of Criminal Appeals
How many intermediate appellate courts are in Texas?
14
How many appellate courts are in Houston?
2
Which appellate courts are in Houston?
1&14
Federal courts of appeal are divided into regions, known as _________________________; Texas is in the ____region.
circuits
5th
Federal trial courts are called (4 words):
United States District Courts
Guardianship cases in Harris County are handled in __________ courts.
probate
Small claims courts in Texas are presided over by _______________________ and the amount of controversy may not exceed ______________________________.
$10,000
A “court of record” means the proceedings were
recorded by a court reporter.
When does a “trial de novo” take place?
When a trial is not heard in a court of record
Law developed by judges through opinions issued when deciding cases is called ___________________, as opposed to written laws enacted by state or federal legislative branches, which are called ___________________.
Case Law
Statutes
A compact between two or more nations that is ratified by the Senate is a __________, and if it is not ratified by the Senate, it is called an ______________________.
Treaty
Executive Agreement
The name of the person who is head of the city government for Houston is
Anise Parker
How many amendments are in the U.S. Constitution?
27
