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
TRAP stands for __________________
Texas Rules of Appellate Procedure
TRCP stands for _________________
Texas Rules for Civil Procedure
In Texas, other than federal judges serving in Texas, what kinds of judges are not elected
Municipal Court judges
The power of a court to hear and decide a case is
Jurisdiction
The power of a court to hear and decide a case is
Jurisdiction
The fundamental law of the country is the _____________
Constitution of the United States
What five “rights” does the First Amendment provide?
Speech, Religion, Press, Assembly, Petition for Grievances
Who is the Chief Justice of the U.S. Supreme Court?
John Roberts
The highest civil court in Texas is called the ___________and the highest Criminal Court is called the _________________?
Texas Supreme Court and The Texas Court of Criminal Appeals
How many intermediate appellate courts are in Texas
14
How many appellate courts are in Houston?
2
Which two appellate courts are in Houston
1 and 14
Federal courts of appeal are divided in regions know as _________and Texas is in the _______region
Circuits 5th
Federal Trial Courts are called (4 words)___________?
United States District Courts
Guardianship cases in Harris County are handled in ______________courts?
Probate
Small claims courts in Texas are presided over by _________________ and the amount in controversy may not exceed_________?
Justice of the Peace $10,000
A “court record” means the proceedings were _____________?
Recorded by a court reporter
When does a “trial de novo” take place?
When a trial is not heard in a court of record
