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
