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Intro To Law > Final Review > Flashcards

Final Review Flashcards

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1
Q

Order of a Trial (Criminal Trial)

A
  1. Arrest
  2. Indictment
  3. Arraignment
  4. Trial
  5. Sentencing
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2
Q

Parties involved in Trials

A

Witnesses, etc.

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3
Q

Justiciable controversy

A

Limits federal judicial power and include rules that the Supreme Court has crafted to determine:

1) Whether there is a sufficient ‘case or controversy’ that the court may decide on under Article III of the Constitution, or
2) Whether there are prudential limits which bar courts from exercising judicial review.

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4
Q

Diversity Jurisdiction in Federal courts

A
  1. Parties who are in different states.

2. $75,000 minimum amount

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5
Q

Difference between General and limited Jurisdiction

A

General- Can hear most cases

Limited- Ex. Bankruptcy court or dollar amount

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6
Q

Collin County is in the ?

A

Eastern District

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7
Q

Highest court in the U.S.

A

U.S. Supreme Court (9 Justices)

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8
Q

Texas Highest Court

A
  1. Texas Supreme Court

2. Texas Court of Criminal Appeals

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9
Q

How does a case get to the Supreme Court

A
  1. Writ of certiorari (an order issued by the Supreme Court to a lower court requiring the lower court to send it the record of the case for review. The Court will issue a writ only if at least 4 of the 9 justices vote to do so).
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10
Q

Original Jurisdiction

A

First time a case has appeared before a court in trial

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11
Q

Appellate Jurisdiction

A

Has to go through the hierarchy of courts before it appears before the Supreme Courts

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12
Q

Common Law

A

Based on case law from England

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13
Q

Civil Law

A

Coming from the French and is statutory

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14
Q

United States Constitution is:

A

The highest law of the land

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15
Q

Bill of Rights

A

First 10 amendments to the constitution.
1. Freedom of Speech
2. Right to Bear Arms
3.
4. Unreasonable Search and Seizure
5. Due Process, Double Jeopardy, Right to not incriminate yourself
6.
7.
8. Cruel and unusual punishment, excessive bail, fines
9.
10.

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16
Q

Precedent

A

Has to be binding authority from a higher court

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17
Q

Case on all fours

A

A case in which all 4 elements (the parties, the circumstances, the legal issues involved, and the remedies sought by the plaintiff) are as similar as possible to those in your case.

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18
Q

Judicial Opinion

A

Judges comments regarding the court’s holding on a court.
Affirms
Remands, etc.

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19
Q

What does UPL mean?

A

Unauthorized Practice of Law

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20
Q

Paralegal’s ethical obligation to identify oneself as a paralegal

A

A Paralegal must not misrepresent herself as a lawyer and must be forthcoming as to status.

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21
Q

Double billing, what is it and examples

A

Billing more than one client for the same billable time period.

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22
Q

Conflict of Interest

A

Ethical walls and a waiver deal with conflict but do not prevent conflict. Conflict check can prevent conflict of Interest

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23
Q

Paralegal meetings with clients

A

Make client’s comfortable
Active listening
Clarifying questions

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24
Q

Goal of Client or witness interviews

A

Gather information or facts

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25
Q

Know different types of billing

A

Fixed Fee
Hourly Fee
Contingency Fee
Alternative Fee Arrangement

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26
Q

Alternative Dispute Resolution

A
  1. Mediation
  2. Negotiation
  3. Arbitration
  4. Collaborative Law
  5. Court-Referred ADR
27
Q

Different punishments for different crimes

A
  1. Misdemeanors
  2. Felonies
  3. Capital offenses
28
Q

Felony

A

Punishable in prison for more than 1 year

29
Q

2 questions on:

Reporter system- What regional reporter publishes Texas decisions. Doesn’t publish all decisions

A

Southwestern Reporter

30
Q

Hornbooks and how they got their name?

A

Written by law professors. One topic.
Not written by a professor named Horn.
Yes- Bound in horn-like material.

31
Q

Different law firm roles

A

Lawyers v. Paralegal, managing partner, associate partner, etc.

32
Q

State sovereignty

A

A rule that states can govern how they see fit as long as it’s not in conflict with federal law

33
Q

Statutes

A

A written law enacted by a legislature under its constitutional lawmaking authority.

34
Q

Fruit of the poisonous tree

A

If something happens that is illegal or should otherwise be excluded, everything stemming from that should not be used in a case.
Ex. Illegal search and seizure cannot use illegally obtained evidence

35
Q

The difference between venue and jurisdiction

A

Venue- The geographic location that the trial will be held

Jurisdiction- What authority the court has to hear the case

36
Q

Types of jurisdiction

A
  1. Jurisdiction over Persons- ex. Long arm statute
  2. Jurisdiction over Property
  3. Jurisdiction over Subject Matter- ex. probate, bankruptcy, etc.
  4. Original and Appellate Jurisdiction
37
Q

Order of venue

A

Occurrence
Defendant’s residence
Office
R(plaintiffs)

38
Q

Exclusive Jurisdiction

A

One court that has jurisdiction

39
Q

Concurrent Jurisdiction

A

More than one court may have jurisdiction

40
Q

Attorney sanctions

A
  1. Reprimand- A rebuke
  2. Suspension- Prohibited from practicing in the state for a period of time
  3. Disbarment- Most serious. License is revoked in the state.
41
Q

General business organization

A

Partnership, etc.

42
Q

Civil v. Criminal trial - Who brings

A

Civil- Plaintiff

Criminal- Prosecuting attorney

43
Q

Burden of Proof

A

Civil-Preponderance of the evidence

Criminal - Beyond a reasonable doubt

44
Q

Rights of a criminal defendant

A
  1. Right to speedy and public trial
  2. Right to confront witnesses
  3. Right to an attorney in certain cases
  4. No automatic right to appeal
45
Q

Know what citations look like

A

Case Name–Volume Number–Name of Book–Page Number–Year

46
Q

Know the difference between case citation v. statute citation

A

State citation cites the state case.

Statute citation cites the statute (law)

47
Q

Legal Writing

A

Do not use passive voice in legal writing

48
Q

How to prepare for interviews, questions to ask and avoid

A
  1. Know the goal of the interview.
  2. Have topics to discuss
  3. Prepare a checklist or outline
  4. Be flexible
  5. Ask follow-up questions
  6. Use interpersonal skills
  7. Don’t use legalese
  8. Put the person at ease
  9. Mask emotions
  10. Active listening
49
Q

5th Circuit made up of:

A

Texas, Louisiana and Mississippi

50
Q

3 branches of government and what they do

A
  1. Executive
  2. Judicial
  3. Legislative
51
Q

Fixed Fee

A

A fee paid to the attorney by his or her client for having provided a specified legal service, such as the creation of a simple will.

51
Q

Hourly Fee

A

A charge by the hour for work done.

52
Q

Contingency Fee

A

A legal fee that consists of a specified percentage of the amount that the plaintiff recovers in a civil lawsuit. The fee is paid only if the plaintiff wins the lawsuit (recovers damages).

53
Q

Alternative Fee Arrangement

A

An alternative fee arrangement such as “task-based billing”. It is similar to a fixed-fee arrangement: fixed fees are charged for specific types of tasks that are involved in a legal matter.

54
Q

Major legal Encyclopedias

A

Cover hundreds of topics in more than 140 volumes. Topics are presented alphabetically, and each topic is divided into subtopics. Supplemented with pocket parts.

55
Q

Pocket part

A

A pamphlet containing recent cases or changes in the law that is used to update legal encyclopedias and other legal authorities. It is called a ‘pocket part’ because it slips into a pocket, or sleeve, in the front or back binder of the volume.

56
Q

Reporter

A

A book in which court cases are published, or reported.

57
Q

Case Digest

A

A compilation in which brief summaries of court cases are arranged by subject and subdivided by jurisdiction and court.

58
Q

Treatises

A

In legal research, a work that provides a systematic, detailed, and scholarly review of a particular legal subject

59
Q

Hornbook

A

A single-volume scholarly discussion, or treatise, on a particular legal subject.

60
Q

Restatement of the Law

A

Judges often rely on as a persuasive authority when making decisions. They contain a statement of the principles of law that are generally accepted by the courts or embodied in statutes, followed by a discussion of those principles.

61
Q

Legal periodicals

A

Law reviews and law journals that are important secondary sources of law.

62
Q

Statutory Law

A

The body of written laws enacted by the legislature.

63
Q

Federal system

A

The system of government established by the Constitution, in which the national government and the state governments share sovereign power.

Intro To Law (4 decks)

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