Week 1 - Monday Flashcards
Let “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 circumstances does federal law trump state law?
when there is a conflict
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?
no
Which amendment has the freedom of speech in it?
1st Amendment
What does the Establishment Clause do?
It prohibits the government from establishing a national government or favoring one religion over another.
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 cold water
trial by hot water
How hot was the coffee that was served to the plaintiff in the McDonald’s coffee case?
190 degrees
Give an example of how the legislative branch checks the judicial branch.
write a law that overturns a judicial decision
How long was the plaintiff in the hospital with the injuries from the coffee in the McDonald’s case?
8 days
How did the jury decide how much to award in punitive damages to the plaintiff in the McDonald’s coffee case?
2 days’ worth of McDonald’s coffee sales
The first half of the 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 of 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 a case about a particular thing within the geographical area covered by the court is called
in rem jurisdiction
The fundamental law of the country is the
U.S. Constitution
What five “rights” does the First Amendment provide?
- Freedom of Speech
- Freedom of Religion
- Freedom of Press
- Right to Peacefully Assemble
- Right to Petition the Government
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 in Texas is called the __________.
Texas Supreme Court
Texas Court of Criminal Appeals
How many intermediate appellate courts are in Texas?
14
How many appellate courts are in Houston?
2
Which appellate courts are in Houston?
1 and 14
Federal courts of appeal are divided into regions, known as ________; Texas is in the ________ region.
circuit courts
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 of controversy may not exceed ______________.
Justice of the Peace
$10,000
A “court of record means the proceedings were
recorded by a court reporter
When does a “trial de novo” take place?
When the lower court was not the court of record
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 ______________.
statutes
case law
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 ______________.
Treaty
Executive Agreement
The name of the person who is head of the city government or Houston is
Annise Parker
How many amendments are in the U.S. Constitution?
27
Explain diversity of citizenship relative to federal court jurisdiction:
- when citizens of 2 different states or state and another country are involved
- when the amount in controversy exceeds $75,000
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?
Only the government can violate someone’s free speech.
What does the Free Exercise Clause do?
It prohibits the government from violating your right to practice your religion.
What was the plaintiff’s name in the McDonald’s case?
Stella Leibeck
The power of a court to hear and decide a case involving a person within the geographical area covered by the court is called
personal jurisdiction
One kind of decision the SCOTUS can reach is a plurality decision. Name the other three:
- majority
- plurality
- tied
- unanimous
En Banc means
it’s all the justices on that particular court hear the case
In which amendment is the right to bear arms?
2nd Amendment
Which amendment is about quartering solders?
3rd Amendment
Which amendment offers protection against self-incrimination?
5th Amendment
How many clauses in the Constitution relate to religious freedom?
2 clauses
Name one of the former students who spoke to your class on the first day:
Crystal Rogers
