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Paralegal > Week 1 - Monday > Flashcards

Week 1 - Monday Flashcards

1
Q

Let “to stand by the decision” is ________. It means the reluctance of the court to ignore ____________.

A

stare decisis

precedent

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2
Q

The first ten amendments to the Constitution are called

A

The Bill of Rights

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3
Q

Under what circumstances does federal law trump state law?

A

when there is a conflict

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4
Q

If I tell my 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?

A

no

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5
Q

Which amendment has the freedom of speech in it?

A

1st Amendment

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6
Q

What does the Establishment Clause do?

A

It prohibits the government from establishing a national government or favoring one religion over another.

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7
Q

Give an example of how the executive branch checks the legislative branch

A

veto a bill

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8
Q

give 2 examples of “trial by ordeal” in terms of the history of juries:

A

trial by fire
trial by cold water
trial by hot water

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9
Q

How hot was the coffee that was served to the plaintiff in the McDonald’s coffee case?

A

190 degrees

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10
Q

Give an example of how the legislative branch checks the judicial branch.

A

write a law that overturns a judicial decision

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11
Q

How long was the plaintiff in the hospital with the injuries from the coffee in the McDonald’s case?

A

8 days

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12
Q

How did the jury decide how much to award in punitive damages to the plaintiff in the McDonald’s coffee case?

A

2 days’ worth of McDonald’s coffee sales

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13
Q

The first half of the O’Connor’s is called the

A

commentaries

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14
Q

TRE stands for

A

Texas Rules of Evidence

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15
Q

TRAP stands for

A

Texas Rules of Appellate Procedure

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16
Q

TRCP stands for

A

Texas Rules of Civil Procedure

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17
Q

In Texas, other than federal judges serving in Texas, what kinds of judges are not elected?

A

municipal court judges

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18
Q

The power of a court to hear and decide a case is

A

jurisdiction

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19
Q

The power of a court to hear a case about a particular thing within the geographical area covered by the court is called

A

in rem jurisdiction

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20
Q

The fundamental law of the country is the

A

U.S. Constitution

21
Q

What five “rights” does the First Amendment provide?

A
  1. Freedom of Speech
  2. Freedom of Religion
  3. Freedom of Press
  4. Right to Peacefully Assemble
  5. Right to Petition the Government
22
Q

Who is the Chief Justice of the U.S. Supreme Court?

A

John Roberts

23
Q

The highest civil court in Texas is called the ___________ and the highest criminal court in Texas is called the __________.

A

Texas Supreme Court

Texas Court of Criminal Appeals

24
Q

How many intermediate appellate courts are in Texas?

A

14

25
Q

How many appellate courts are in Houston?

A

2

26
Q

Which appellate courts are in Houston?

A

1 and 14

27
Q

Federal courts of appeal are divided into regions, known as ________; Texas is in the ________ region.

A

circuit courts

5th

28
Q

Federal trial courts are called (4 words):

A

United States District Courts

29
Q

Guardianship cases in Harris County are handled in _______ courts.

A

probate

30
Q

Small claims courts in Texas are presided over by ___________ and the amount of controversy may not exceed ______________.

A

Justice of the Peace

$10,000

31
Q

A “court of record means the proceedings were

A

recorded by a court reporter

32
Q

When does a “trial de novo” take place?

A

When the lower court was not the court of record

33
Q

Law developed by judges through opinions issued when deciding cases is called ___________, as opposed to written laws enacted by state or federal legislative branches, which are called ______________.

A

statutes

case law

34
Q

A compact between two or more nations that is ratified by the Senate is a __________, and if it is not ratified by the Senate, it is called an ______________.

A

Treaty

Executive Agreement

35
Q

The name of the person who is head of the city government or Houston is

A

Annise Parker

36
Q

How many amendments are in the U.S. Constitution?

A

27

37
Q

Explain diversity of citizenship relative to federal court jurisdiction:

A
  1. when citizens of 2 different states or state and another country are involved
  2. when the amount in controversy exceeds $75,000
38
Q

Why or why not can I tell the lawyers in my firm that they cannot ever utter the word “destroy” in my present or they will be fired?

A

Only the government can violate someone’s free speech.

39
Q

What does the Free Exercise Clause do?

A

It prohibits the government from violating your right to practice your religion.

40
Q

What was the plaintiff’s name in the McDonald’s case?

A

Stella Leibeck

41
Q

The power of a court to hear and decide a case involving a person within the geographical area covered by the court is called

A

personal jurisdiction

42
Q

One kind of decision the SCOTUS can reach is a plurality decision. Name the other three:

A
  1. majority
  2. plurality
  3. tied
  4. unanimous
43
Q

En Banc means

A

it’s all the justices on that particular court hear the case

44
Q

In which amendment is the right to bear arms?

A

2nd Amendment

45
Q

Which amendment is about quartering solders?

A

3rd Amendment

46
Q

Which amendment offers protection against self-incrimination?

A

5th Amendment

47
Q

How many clauses in the Constitution relate to religious freedom?

A

2 clauses

48
Q

Name one of the former students who spoke to your class on the first day:

A

Crystal Rogers

Paralegal (28 decks)

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