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Paralegal > Week 2 - Monday (Nov. 2) > Flashcards

Week 2 - Monday (Nov. 2) Flashcards

1
Q

What kind of trust is created if there is a minor child who cannot inherit money until the age of 18?

A

contingent trust

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2
Q

If the President vetoes a bill from Congress, what can Congress do about it?

A

rewrite it and send it back to the President with a two-thirds vote

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3
Q

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

A

statutes

CASE LAW (missed last time)

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4
Q

**The fundamental law of the United States is the

A

Constitution

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5
Q

**A compact between two nations, ratified by the Senate is a _______, and if it is not ratified by the Senate, it is called an ___________

A

treaty

executive agreement

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6
Q

**Latin for “to stand by the decision” is ________. It means the reluctance of the court to ignore __________.

A

stare decisis

precedence

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7
Q

**The three elements of standing are:

A
  1. Injury-in-fact
  2. Causation
  3. Capable of relief
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8
Q

What is standing?

A

the legal right of a person to bring a lawsuit.

Not just anyone can bring a lawsuit. The person or the entity must have standing.

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9
Q

**Under what circumstances does federal law trump state law?

A

when there is a conflict between the two

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10
Q

**The mayor of the city government for Houston is

A

Annise Parker

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11
Q

**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?

A

No

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12
Q

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

A

27

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13
Q

**WHAT DOES THE ESTABLISHMENT CLAUSE DO?

A

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

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14
Q

**WHAT DOES THE FREE EXERCISE CLAUSE DO?

A

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

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15
Q

**What five guarantees does the First Amendment provide?

A
  1. Freedom of Press
  2. Freedom of Religion
  3. Freedom of Speech
  4. Right to Assemble
  5. Right to Petition the Government
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16
Q

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

A

John Roberts

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17
Q

**The highest civil court in Texas is called the

A

Texas Supreme Court

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18
Q

**The highest criminal court in Texas is called the

A

Texas Court of Criminal Appeals

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19
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
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20
Q

**How many intermediate appellate courts are in Texas?

A

14

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21
Q

How many intermediate appellate courts are in Houston? And what are the nos.?

A

2

1 & 14

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22
Q

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

A

circuits

5th

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23
Q

Federal trial courts are called (4 words)

A

U.S. District Courts

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24
Q

One kind of decision SCOTUS can issue is a tie. Name the other three:

A
  1. majority
  2. plurality
  3. tie
  4. unanimous
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25
Q

A petition asking SCOTUS to hear a case is called a _______, and the official notice that it will file is called a _________.

A

petition FOR certiorari

writ OF certiorari

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26
Q

On the SCOTUS, there is one Chief Justice and _____ associate justices.

A

8

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27
Q

Name the head of the county government of Harris County:

A

Ed Emmett

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28
Q

To bring a lawsuit, the plaintiff must have___________

A

standing

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29
Q

The fundamental law of a City is the ____________

A

charter

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30
Q

The body of law that is not based in statute is called ____________

A

common law

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31
Q

The First Amendment actually contains two separate clauses regarding religion:

A
  1. Establishment Clause

2. Free Exercise Clause

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32
Q

case law

A

the law as established by the outcome of former cases.

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33
Q

Article I of the U.S. Constitution

A

Legislative Powers

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34
Q

Article II of the U.S. Constitution

A

Executive Powers

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35
Q

Article III of the U.S. Constitution

A

Outlines the relationship between each state and the others, as well as between the several States and the federal government.

36
Q

Article III of the U.S. Constitution

A

Judicial Powers

37
Q

Amendment VI

A

Rights of Accused in Criminal Presentation

right to a jury trial in a criminal case

38
Q

Amendment X

A

Powers not delegated to U.S. by Const. are reserved to the States or to the People

39
Q

Amendment XXVII

A

Congressional Pay Limits

40
Q

Amendment XXII

A

Presidential Tenur (limits the presidents term)

41
Q

Amendment XIV

A

Rights Guaranteed:
Privileges &; Immunities
Due Process, and
Equal Protection

42
Q

Article V of the U.S. Constitution

A

Describes how the U.S. Constitution can be ratified

43
Q

Amendment XVIII

A

Prohibition of Intoxicating Liquors

44
Q

Amendment IX

A

Unenumerated Rights

45
Q

Amendment XVI

A

Income Tax

46
Q

Amendment XX

A

Terms of President, VP, Members of Congress:

Presidential Vacancy

47
Q

What is the term for Senate members?

48
Q

How many presidents have been killed in office?

A 
4
Abraham Lincoln, 
James Garfield, 
William McKinley, and 
John F. Kennedy
49
Q

Amendment IV

A

Search and Seizure

50
Q

Amendment XIII

A

Slavery and Involuntary Servitude (outlawed slavery)

51
Q

What is the term for “house” members?

52
Q

Amendment XXIV

A

Abolition of the Poll Tax Qualification in Federal Elections

53
Q

Amendment I

A

Freedom of Expression and Religion

54
Q

Amendment XI

A

Suits Against States

55
Q

Amendment XV

A

Rights of Citizens to Vote

56
Q

Rights of Citizens to Vote

A

Repeal of 18th Amendment - (Slavery and Involuntary Servitude)

57
Q

Amendment XXV

A

Presidential Vacancy, Disability, and Inability

58
Q

What word do we use to mean “the right to vote?”

59
Q

Amendment XXIII

A

Presidential Election for the District of Columbia

60
Q

What year did it become legal for women to vote?

61
Q

Article VI of the U.S. Constitution

A

Establishes the laws and treaties of the U.S.

62
Q

Amendment VII

A

Civil Trials

63
Q

Amendment XXVI

A

Reduction of Voting Age (sets the voting age at 18)

64
Q

Amendment VIII

A

Further Guarantees in Criminal Cases

65
Q

Amendment II

A

Right to Bear Arms

66
Q

Article VII of the U.S. Constitution

A

Sets the number of state ratifications necessary in order

67
Q

The U.S. Attorney General is

A

Loretta Lynch

68
Q

There are _____ (#) of strictly Family Courts in Harris County.

69
Q

What are the three requirements for an Informal Marriage in Texas?

A

cohabitate
hold each other out as named
agree that you are married

70
Q

Texas has two kinds of marriage:

A

informal and ceremonial

71
Q

A person who is named in a will as a person who will get a sum of money or tangible property is called a

A

beneficiary

72
Q

Police Chief of Houston

A

Charles McClelland

73
Q

Who is the Secretary of State?

A

John Kerry

74
Q

Who is the Secretary of Defense?

A

Ashton Carter

75
Q

Who is the Speaker of the House?

76
Q

National Anthem

A

Star Spangled Banner

77
Q

Who wrote our National Anthem?

A

Francis Scott Key

78
Q

Amendment III

A

Quartering soldiers

79
Q

Amendment V

A

offers protection against self-incrimination

80
Q

How many clauses in the Constitution relate to religious freedom?

81
Q

Guest Speaker was

A

Lu Ann Trevino

82
Q

When does a will go into effect?

A

When you die, not when you sign it.

83
Q

Who is the testator on a will?

A

person making the will

84
Q

What is a will that is all in own handwriting?

A

Holographic Will

85
Q

What is it if you die intestate?

A

Die without a will

Paralegal (28 decks)

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