Test 1 Flashcards
- Latin for “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 circumstance does federal law trump state law?
When there is a conflict between the two
- 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
- Which amendment has the freedom of speech in it?
First Amendment
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 form interfering with the Free Exercise of Religion
Give an example of how the legislative branch checks the judicial branch.
Write laws that overturns a judicial decision
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 water
How hot was the coffee that was served to the plintiff in the McDonald’s coffee case
185 - 195 degrees
How long was the plaintiff in the hospital
8 days
How did the jury decide how much to award in punitive damages to the plaintiff in the McDonald’s case?
2 days worth of McDonald’s coffee sales
The first half of O’Connor’s is called the _____
Commentaries
TRE stands for _____________________
Texas Rules of Evidence
