Week 2 - Thursday (Nov. 5) Test #3 Flashcards

1
Q

Law developed by judges through opinions issued when deciding cases is called

A

statutes

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2
Q

Written laws enacted by state or federal legislative branches are called

A

case law

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3
Q

The fundamental law of the United States is the

A

U.S. Constitution

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4
Q

A compact between two or more nations that is ratified by the Senate is a

A

treaty

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5
Q

If a treaty is not ratified by the Senate, it is called a(n)

A

executive agreement

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6
Q

Stare decisis is Latin for

A

let the decision stand

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7
Q

It means the reluctance of the court to ignore _____

A

precednece

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8
Q

The first ten amendments of the Constitution are called

A

the Bill of Rights

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9
Q

Under what circumstance does federal law trump state law?

A

when there is a conflict between the two - federal law trumps

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10
Q

The highest civil court in Texas is called the

A

Texas Supreme Court

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11
Q

The highest criminal court in Texas is called the

A

Texas Court of Criminal Appeals

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12
Q

How many intermediate appellate courts are in Texas?

A

14

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13
Q

How many intermediate appellate courts are in Houston?

A

2

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14
Q

Which intermediate appellate courts are in Houston?

A

Nos. 1 & 14

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15
Q

Federal courts of appeal are divided into regions, known as

A

circuits

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16
Q

Which region of the federal courts of appeal is Texas in?

A

Fifth Circuit Court of Appeals

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17
Q

Federal trial courts are called

A

U.S. District Courts

18
Q

Name the four kinds of opinions the U.S. Supreme Court can issue.

A
  1. Majority opinion
  2. Plurality opinion
  3. Tie opinion
  4. Unanimous opinion
19
Q

A petition asking the U.S. Supreme Court to hear a case is called a(n)

A

write FOR certiorari

20
Q

The official notice from the U.S.Supreme Court stating they will review a case is called a(n)

A

writ OF certiorari

21
Q

To bring a lawsuit, the plaintiff must show?

A

standing

22
Q

The fundamental law of a City is its

A

charter

23
Q

There are __ civil county courts at law in Harris County

A

4

24
Q

Guardianship cases in Harris County are handled in its ____

A

probate courts

25
Q

Small claims courts in Texas are presided over by

A

JusticeS of the Peace

26
Q

In Justice Courts, the amount-in-controversy may not exceed ?

A

$10,000

27
Q

The power or authority for a court to act.

A

Jurisdiction

28
Q

The court’s power over a person is called

A

in personam jurisdiction

29
Q

The court’s power over a thing located in a geographic area over which it has control is called

A

in rem jurisdiction

30
Q

The statutes of a city are called

A

ordinances

31
Q

The tree rules sections of O’Connor’s are called (words, not abbreviations)

A

(RuleS is the only thing plural)
Texas Rules of Civil Procedure (TRCP)
Texas Rules of Appellate Procedure (TRAP)
Texas Rules of Evidence (TRE)

32
Q

Trial by ordeal involved on of three ordeals:

A
  1. trial by hot water
  2. trial by cold water
  3. trial by fire
33
Q

Which federal courts have the power to probate a will?

A

None, no federal courts. It is only a state court thing.

34
Q

The 3 elements of standing are:

A
  1. injury-in-fact
  2. causation
  3. capable of relief
35
Q

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

A

municipal court judges

36
Q

What 3 words start every session of the U.S. Surpeme Court?

A

Oyez!
Oyez!
Oyez!

37
Q

Name two U.S. Courts with specialized jurisdiction (jx):

A
  1. U.S. Bankruptcy Court

2. U.S. Tax Court

38
Q

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

A

Override the veto

39
Q

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

A

commentaries

40
Q

Explain “diversity of citizenship” relative to federal court jurisdiction.

A
  • a conflict between 2 citizens of 2 different states or a state and another country
  • AMOUNT-IN-CONTROVERSY must exceed $75,000