MidTerm #1 Flashcards
Under what circumstances does federal law trump state law?
if there is a conflict
Under what circumstances may leading questions be asked on direct?
if witness is declared a hostile witness
The court’s power over a person is called ____
in personam jurisdiction
The court’s power over a thing located in a geographic area over which it has control is called
in rem jurisdiction
The powers of a court to hear a case about a particular thing within the geographical area covered by the court is called
in rem jurisdiction
What is the correct name for a No-Contest Clause?
in terrorem clause
In Texas what adjective precedes the word Executor in a will?
independent
Give the legal name for the two kinds of marriage in Texas:
informal and ceremonial
The statutorily correct name for a common law marriage in Texas is
informal marriage
If a person’s extreme and outrageous conduct intentionally causes severe emotional distress to someone else that might be ___
Intentional Infliction of Emotional Distress
IIED stands for
Intentional Infliction of Emotional Distress
IOLTA stands for
Interest on Lawyer’s Trust Account
Written questions submitted to a party during discovery are called
interrogatories
If other persons have a pecuniary interest in a lawsuit they may step in and become parties in a process called
intervention
If a person dies without a will that person is said to have died
intestate
If I can prove that the creditor breached the peace I might be able to ___ the repossession.
invalidate
To exclude witnesses from the courtroom one side must
invoke the rule
How long does a litigation hold last if litigation has already commenced?
it last until the time for all appeals has been exhausted
What does stare decisis mean?
it means the reluctance of the court to ignore
What does the Establishment Clause do?
It prohibits the government from establishing a national government or favoring one.
Who is the U.S. Secretary of State?
John Kerry
Provide the first and last name of one of the guest speakers from last week:
John Nechman
The Chief Justice of the United States is
John Roberts
A form of joint ownership that includes a right of survivorship is called
joint tenancy
JNOV stands for the Latin phrase
Judgment non obstante verdicto
If a judge accepts a document from the IRS regarding the interpretation of a part of the tax code s/he is taking
judicial notice
___ is the power or authority for a court to act.
jurisdiction
The power of a court to hear and decide a case is called
jurisdiction
Another name for jury instructions is
jury charge
How does a judge divide community property in a divorce?
just and right
Small claims courts in Texas are presided over by
Justices of the Peace
The lawyer abbreviation for contract is
K
Name of the child whose birthday party was on Sept 20?
Kelsey
Why aren’t gratuitous promises enforceable?
lack of consideration
What is the Plaintiff’s first and last name?
Lakshmi Arachi
What are the first and last names of the parties in the mock trial?
Lakshmi Arachi
Chris Lonvick
A contract is a
legally enforceable agreement
USCCAN is the easiest source for federal
legislative history
Stare decisis is Latin for ___
let the decision stand
What can I do to get a debt collector to stop calling me at work?
let them know that your boss does not allow personal calls and they need to stop immediately
If a defamatory statement is written it is called
libel
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
What is the name of the jury expert who is mentioned?
Linda Nguyen
What’s the difference between a litigation hold and a preservation letter?
litigation hold - to opposing party to ask for them to hold documents
preservation letter - an internal letter sent to your clients
Where did the plaintiff work before she was hired at this firm?
Lone Star Legal
Who is the Attorney General of the U.S.?
Loretta Lynch
To impeach a witness means to prove that the witness is
lying
What is the name of the Defendant’s babysitter on September 20?
Marisa Crystal
A ___ gives another person the power to make healthcare decisions for you if you can’t.
medical power of attorney
MPOA stands for
medical power of attorney
If someone attempts to use my name or personality commercially without my permission that may be the tort of ___
misappropriation of the right to publicity
If someone uses my photo to sell their champagne and they don’t have any permission to do so that may constitute the civil tort of
misappropriation of the right to publicity
The tort that violates the exclusive right to control and profit from the commercial use your name and personality is called
misappropriation of the right to publicity
Who is the U.S. Senate Majority Leader?
Mitch McConnell
After a divorce parts of the decree related to children can be changed through a process called
modification
Explain preponderance of the evidence.
more likely than not that the defendant is liable
Email address of the defendant’s neighbor:
moremerlot@wino.com
On what street does the plaintiff live?
Morse
Name two dispositive pretrial motions:
Motion to Dismiss
Motion for Summary Judgment
In Texas other than federal judges serving in Texas what kinds of judges are not elected?
municipal court judges
What is required if the contract is covered by the statute of frauds?
must be in writing
What should be in the signature box of the paralegal?
Name and title
What federal agency regulates trade unions?
National Labor Relations Board
An unintentional tort is called a
negligence tort
Can a debt collector garnish my paychecks for consumer debt?
No
Does a creditor have to give notice before a repossession?
No
If I am injured by a defective product and then they change the design of the product so it isn’t defective can I introduce that fact at trial to show that the product was defective?
No
If I negligently injure my neighbor’s child and offer to pay medical expenses can she use that offer at trial to show that the injury was my fault?
No
If I tell 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
Is cross examination in Texas limited to what was discussed on direct?
No
Is it all right for a paralegal to conduct settlement negotiations with opposing counsel or his/her paralegal?
No
Is it all right for an attorney to give a paralegal a bonus based on the settlement of a big case?
No
Is there a limit on how much a landlord can charge for a pet deposit?
No
Is there a limit on how much my landlord can raise my rent when it’s time to renew my lease?
No
May a paralegal sign a certificate of service?
No
May a paralegal sign a pleading by permission?
No
Why aren’t gratuitous promises enforceable?
no consideration
What is an in terrorem clause?
no-contest clause
How many days do you have to cancel a contract to buy a car after you sign?
None
Which federal courts have the power to probate a will?
None
Which federal courts have the power to probate a will?
my notes: no federal courts it’s a state thing
none
Things like bank accounts and life insurance policies that pass outside the will are called
non-probate assets
Every witness must take an
oath or affirmation
What are the two parties to a contract called?
offeror and offeree
Pro se means
one stands on its own
The words that an attorney says to the seated jury at the start of the trial are called ____.
opening statement
The statutes of a city are called
ordinances
Invitees and licensees are owed a duty of
ordinary care
Landowners owe a duty of ___ to invitees.
ordinary care
Landowners owe a duty of ___ to people who are invited to come on their land.
ordinary care
If the President vetoes a bill from Congress what can Congress do about it?
override the veto
What word starts every session of the U.S. Supreme Court?
Oyez!
What 3 words start every session of the U.S. Supreme Court?
Ozey! Ozey! Ozey!
Who is the Speaker of the U.S. House?
Paul Ryan
Under which category are clothing?
personal
Under which category are pets?
personal
PIP stands for
Personal Injury Protection
The power of a court to hear and decide a case involving a person within the geographical area covered by the court is called
personal jurisdiction
The initial pleading in state court is called a ____.
petition
A petition asking SCOTUS to hear a case is called a
petition FOR certiorari
The party who files for divorce is called the ___.
petitioner
Name one thing that Texas Courts have considered to be a breach of the peace:
picking a lock
Papers filed with the court to initiate or respond to a lawsuit:
pleadings
The scope of direct examination is limited by
pleadings
Visitation is called ___
Possession and Access
To give someone the power to make financial decisions for you you execute
power of attorney
Are appellate court cases primary authority finding tool or secondary authority?
primary authority
Are city charters primary authority finding tool or secondary authority?
primary authority
Are regulations primary authority finding tool or secondary authority?
primary authority
The most common way in which a witness is impeached is by using a
prior inconsistent statement
Guardianship cases in Harris County are handled in its ___ courts
probate
What does probate mean?
prove up
From what two restaurants did the plaintiff and defendant order meals on Sept. 20:
Provisions and Fuzzy’s Pizza
Punitive damages are designed to __
punish the defendant
The purpose of punitive damages is
punish the defendant
___ damages are sometimes called exemplary damages.
Punitive
Name 3 ways in which personal property may be acquired?
purchased
inherited
gift
Under which category are crops?
real
Under which category are fixtures?
real
Under which category are minerals?
real
Two broad categories of property are personal property and ___
real property
Two broad categories of property are:
real
personal
Negligence is a failure to exercise
reasonable care
How any objective careful and conscientious person would have acted in the same circumstance is called the
reasonable person standard
A litigation hold is sent when litigation is (two words)
reasonably anticipated
What two things may take place in trial immediately after both sides rest?
rebuttal
rejoinder
A court of record means that the proceedings were
recorded by a court reporter
If I manage to get my car back after the repossession what is the word for that?
redemption
If the executor lives out of state what must be appointed?
registered agent for service of process
___ are created by administrative agencies who are given the authority by enabling ____.
Regulations
statutes
Any evidence that has a tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence is
relevant evidence
What does stare decisis mean?
reluctance of the court to ignore precedence
Judge reduces the amount of damages awarded by a jury:
remittitur
___ is Latin for the thing speaks for itself.
Res Ipsa Loquitor
The other party to a divorce is called the ___
respondent
On mail RRR stands for
return receipt requested
What are the two forms of future interests in real property?
reversion
remainder
What are the names of the defendant’s two sons:
Sean and Colin
What agency regulates the sale and purchase of stocks and bonds?
Securities Exchange Commission (SEC)
What is the last page that’s attached to a will called?
self-proving affidavit
In the mock trial on what date did the plaintiff say that the damage to the car took place?
September 21 2014
What color is the Plaintiff’s car?
silver
What is the relationship between that babysitter and the Defendant?
sister-in-law
If a defamatory statement is oral it’s called
slander
The first printed version of a judge’s decision is a
slip opinion
Explain the Discovery Rule.
SOL starts when you discover the injury
The Texas Lemon Law is an example for a ___ warranty
Special Statutory Warranty
___ damages are sometimes called future damages
Speculative Damages
Name 3 kinds of damages:
Speculative
Statutory
Compensatory
A ___ prevents a person from assigning his interest in an inheritance to a third party.
spendthrift provision
A provision in a will that indicates that a beneficiary cannot grant his interest in a future inheritance to a creditor is called a
spendthrift provision
The intentional or negligent withholding hiding altering or destroying relevant evidence is called
spoliation
A person who does that (previous answers) is called a
spoliator
Preponderance of the evidence means
standard of proof that is more likely than not
To bring a lawsuit the plaintiff must have
standing
Latin for to stand by the decision is ____.
stare decisis
Latin for to stand by the decision is ____. It means the reluctance of the court to ignore ____.
stare decisis
precedence
In Texas who gets the interest on IOLTA accounts?
State Bar
The ___ is the law that establishes the period during which a plaintiff must bring a lawsuit against a defendant.
Statute of Limitations
Law developed by judges through opinions when deciding cases is called
statutes
___ damages are set by law.
statutory
What was the plaintiff’s name in the McDonald’s case?
Stella Liebeck
All parties in the chain of distribution are ___ for injuries caused by a defective product.
strictly liable
If a defective product causes harm to the user all parties in the chains of distribution are ___ for the injuries caused.
strictly liable
If that test fails then what test do courts apply?
substantial factor
If the but-for test fails courts will use the
substantial factor
A __ is a court order directing the defendant to appear in court and answer.
summons
The party who appeals may be required to post an appeal bond called a _____ in Texas.
supersedeas
Support paid by one spouse to another during the pendency of a divorce action is called ___
temporary spousal support
The person for whom a will is made who will be signing the will is called the
testator
What happens if a witness violates the invoking of the rule?
testimony excluded
witness may be held in contempt
Two broad categories of evidence:
Testimony under oath
Documentary Evidence
The highest criminal court in Texas is called the
Texas Court of Criminal Appeals
What Texas law limits the way in which a creditor can contact me?
Texas Debt Collection Act
The ethical rules for attorneys and paralegals in Texas are called
Texas Disciplinary Rules of Professional Conduct
TRAP stands for
Texas Rules of Appellate Procedure
TRCP stands for
Texas Rules of Civil Procedure
TRE stands for
Texas Rules of Evidence
The highest civil court in Texas is called the
Texas Supreme Court
The first ten amendments to the Constitution are called
the Bill of Rights
What does dispositive mean in that context?
the court can dispose all or part of the case
Explain JNOV.
The judge enters judgment to the successful party based on the verdict. The entry of judgment is the official decision of the court
Small claims courts in Texas are presided over by
the Justices of the Peace
Res Ipsa Loquitor means
the thing speaks for itself
Why or why not would I be violating the lawyers of my firm if I tell them they cannot ever utter the word destroy in my presence or they will be fired?
the violation is not being given to them by the government
Give an example of how the legislative branch checks the judicial branch:
They can impeach a judge
A chronology is a
timeline
What does dispositive mean in that context?
to dispose of all or part of the case
Someone who commits a tort is called a
tortfeasor
If I intend to hit one person but accidentally hit another instead the Doctrine of ___ may apply.
transferred intent
A compact between two nations that is ratified by the Senate is a
treaty
When the President makes an agreement with the head of another country and it is confirmed by the Senate it’s called a
treaty
What kind of case is the mock trial case the attorney is working on in terms of its subject matter?
trespass to personal property
When a person injuries or interferes with the enjoyment of another person’s property that could be the tort of
trespass to personal property
Trial by ordeal involved one of three ordeals: trial by hot water trial by cold water and ___
trial by fire
___ is complete defense to defamation.
truth
The fundamental law of the United States is the
U.S. Constitution
Federal trial courts are called (4 words)
U.S. District Courts
UPL stands for
Unauthorized Practice of Law
UCC stands for
Uniform Commercial Code
UM stands for
Uninsured / Underinsured Motorist
USCA stands for
United States Code Annotated
USCCAN stands for
United States Code Congressional and Administrative News
USCS stands for
United States Code Service
Federal trial courts are called (4 words)
United States District Courts
How long does a litigation hold last if litigation has not commenced?
until the SOL expires
Name one unlawful collection practice:
using profanity
What is the name of the case that the mock trial parties were working on just before the damages to the car took place?
Vara v. CBS
What is the name of the underlying case on which they were working?
Vara v. CBS
When lawyers speak to and with the jury panel prior to the selection of the jury this is called _____.
voir dire
___ guarantees that if the seller knows that the buyer intends to use the goods in some specific way the good must be fit for that purpose.
Warranty of fitness for a particular purpose
___ guarantees that services are rendered in a competent effective way so that the consumer gets the service for which s/he bargained.
Warranty of good and workman-like service
___ guarantees that the thing is fit for the ordinary purpose for which goods of that kind are used.
Warranty of merchantability
___ is a guarantee that the buyer has the right to take the good free of claim from anyone else.
Warranty Title
Full name of the law firm where they worked
Waterwall Edwards Widget O’Connor Ramirez & Kwan
In the mock trial what is the acronym of the law firm where both parties were working at the time of the incident?
WEWORK
Explain ex parte.
when one party communicates with the judge without the other party being present
The official notice from SCOTUS that it will is called a
writ OF certiorari
What can the court issue that will allow the constable to seize and sell the defendant’s property?
writ of execution
can my landlord come into my apartment take my TV and sell it if I don’t pay my rent?
Yes
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
In my will can I name someone as the guardian I want for my minor child even if the other biological parent is still alive?
yes
Is an attorney stamp the same as signing by permission?
yes
Is there any way I have to keep paying for the car after it’s been repossessed?
Yes if there is a balance owed
The most cited e-discovery case is
Zubulake v. UBS Warburg
__ is interference with an owner’s right to exclusive possession of land.
Trespass to land
A ___ appoints another person to handle your funeral and what happens to your body.
Appointment of Agent to Control Disposition of Remains
Answers to interrogatories cannot be used as evidence by
THE PARTY WHO ANSWERED THEM.
Clouds are
REMOTE STORE SYSTEMS HOSTED ON THE INTERNET THAT ARE USED TO STORE, MANAGE, AND PROCESS DATA
En Banc means
All the justices on a particular court will hear the case
it has greater weight
If there a ___ maggots in 3 ounces of mushrooms, that’s safe, and if there are ___ rodent hairs per pound for popcorn.
20 maggots (mushrooms) 2 rodent hairs (popcorn)
35 fly eggs (raisins)
20 insects (peanuts)
10 fly eggs (tomato juice)
The body of law that is not based in statute is called
COMMON LAW
What is the name of the law that covers security deposits for apartments?
Texas Security Deposit Law
What is the name of the law that covers security deposits for commercial tenants?
Texas COMMERCIAL Security Deposit Law
What law established the procedures federal administrative agencies must follow?
Administrative
Procedures
Act
What two agencies created the Do-Not-Call Registry?
Federal Communications Commission (FCC)
and
Federal Trade Commission
When does a “trial de novo” take place?
if from municipal court of record w/no court reporter, appeal takes the form of a trial de novo
(a completely new trial)
