Section 2: Indiana Real Estate Law Flashcards
Constitutional law
Regulates government action
Supreme source of constitutional law?
US Constitution
True or False
State constitutions can supersede the US Constitution
False
True or False
The US Constitution is the basis for all state constitutions
True
Statutory law
Regulates private/individual action
True or False
Statutory law is superior to constitutional law
False
Examples of Federal statutes
Mortgage lending, environmental laws, civil rights
Who enacts Federal statutes?
Congress
Administrative laws and ordinances
Govern the creation and operation of public regulatory agencies (boards, commissions, departments)
Examples of ordinances
Zoning and building codes
Who enacts ordinances?
Local governments, but cannot conflict with state or federal law
Case law
establishes legal precedent as a result of the court’s interpretation of other sources of law
True or False
Case law CANNOT be used to modify or overturn other sources of law
FALSE. case law CAN be used to modify or overturn other sources of law
What is the US Supreme Court’s primary purpose?
To review decisions made by the lower courts
What are the Circuit Courts?
13 court of appeals organized by geographic regions of the US. Each circuit is comprised of several states. Each circuit has its own court, primarily reviewing the decisions of the courts below them. Courts 1-11 are Geo based, Court 12 is D.C., and Court 13 is a Federal court which hears appeals for patents, trademarks, veteran’s affairs, and international trade.
What are District Courts?
Courts that are lower than the Circuit courts. Districts are inside of the circuits. Each state has at least 1 district. Each district has a court for that district, and reviews decisions made by lower courts.
Circuit courts can hear appeals from districts outside of their jurisdiction.
FALSE. Circuit courts can only hear appeals from courts within their districts.
What is unique about the 13th Circuit Court?
It is a Federal court and does not hear cases based on geography, but based on subject matter. It takes cases for: patents, trademarks, veteran’s affairs, int’l trade, and anything else that is of federal significance
What is the hierarchy of the US Court system?
Lowest to highest: Trial courts (districts) > appellate courts (Circuits) > US Supreme court
What cases does the US Bankruptcy Court take?
Bankruptcy. There is one bankruptcy court per district.
What cases does the US Court of International Trade take?
Cases involving international trade disputes
What cases does the US Court of Federal Claims take?
Cases involving monetary claims against the US government, such as tax refund suits or government contract disputes
What is the highest court in Indiana?
Indiana Supreme Court
How many justices serve on the Indiana Supreme Court?
5, but the General Assembly can add up to 8
What cases does the Indiana Supreme Court take?
Appeals involving death penalty or life incarceration without parole, state or federal statutes declared unconstitutional, parental consent waivers for abortions, and lower court orders involving funds.
What additional duties does the Indiana Supreme Court have?
- Admits attorneys to law practice
- Disciplines and disbars attorneys
- Disciplines, removes, and oversees retirement of judges
- Handles the unauthorized practice of law
What is the structure of Indiana’s Court of Appeals?
5 appellate court districts, each with a panel of 3 judges who rotate through the districts (15 judges total).
What is the structure of Indiana’s trial courts?
Trial courts include circuit and superior courts. There are 315 judges in these courts. Indiana’s 92 counties are grouped into 26 districts.
What are Indiana’s other courts?
Tax court - 1 judge hears cases pertaining to state tax laws
Small claims court - only Marion county has a dedicated Small claims court, which hears cases where damages do not exceed $8k
City courts - oversee jury trials for torts, contract cases, small claims, misdemeanors, and traffic cases
Town courts - hear misdemeanor jury trials and traffic cases
What court hears this case?
Inheritance tax appeal
Tax court
What court hears this case?
Domestic violence case
Trial court
What court hears this case?
Contract dispute over a $2k landscaping contract
City court
What court hears this case?
Civil lawsuit for $2k in damages from a car accident
Small claims court
Indiana’s superior and circuit courts are collectively known as…
trial courts
