Week 2 - Thursday (Nov. 5) Test #3 Flashcards
Law developed by judges through opinions issued when deciding cases is called
statutes
Written laws enacted by state or federal legislative branches are called
case law
The fundamental law of the United States is the
U.S. Constitution
A compact between two or more nations that is ratified by the Senate is a
treaty
If a treaty is not ratified by the Senate, it is called a(n)
executive agreement
Stare decisis is Latin for
let the decision stand
It means the reluctance of the court to ignore _____
precednece
The first ten amendments of 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 - federal law trumps
The highest civil court in Texas is called the
Texas Supreme Court
The highest criminal court in Texas is called the
Texas Court of Criminal Appeals
How many intermediate appellate courts are in Texas?
14
How many intermediate appellate courts are in Houston?
2
Which intermediate appellate courts are in Houston?
Nos. 1 & 14
Federal courts of appeal are divided into regions, known as
circuits
Which region of the federal courts of appeal is Texas in?
Fifth Circuit Court of Appeals
Federal trial courts are called
U.S. District Courts
Name the four kinds of opinions the U.S. Supreme Court can issue.
- Majority opinion
- Plurality opinion
- Tie opinion
- Unanimous opinion
A petition asking the U.S. Supreme Court to hear a case is called a(n)
write FOR certiorari
The official notice from the U.S.Supreme Court stating they will review a case is called a(n)
writ OF certiorari
To bring a lawsuit, the plaintiff must show?
standing
The fundamental law of a City is its
charter
There are __ civil county courts at law in Harris County
4
Guardianship cases in Harris County are handled in its ____
probate courts
Small claims courts in Texas are presided over by
JusticeS of the Peace
In Justice Courts, the amount-in-controversy may not exceed ?
$10,000
The power or authority for a court to act.
Jurisdiction
The court’s power over a person is called
in personam jurisdiction
The court’s power over a thing located in a geographic area over which it has control is called
in rem jurisdiction
The statutes of a city are called
ordinances
The tree rules sections of O’Connor’s are called (words, not abbreviations)
(RuleS is the only thing plural)
Texas Rules of Civil Procedure (TRCP)
Texas Rules of Appellate Procedure (TRAP)
Texas Rules of Evidence (TRE)
Trial by ordeal involved on of three ordeals:
- trial by hot water
- trial by cold water
- trial by fire
Which federal courts have the power to probate a will?
None, no federal courts. It is only a state court thing.
The 3 elements of standing are:
- injury-in-fact
- causation
- capable of relief
Other than federal judges serving in Texas, what kinds of judges in Texas are not elected?
municipal court judges
What 3 words start every session of the U.S. Surpeme Court?
Oyez!
Oyez!
Oyez!
Name two U.S. Courts with specialized jurisdiction (jx):
- U.S. Bankruptcy Court
2. U.S. Tax Court
If the President vetoes a bill from Congress, what can Congress do about it?
Override the veto
The first half of O’Connor’s is called the
commentaries
Explain “diversity of citizenship” relative to federal court jurisdiction.
- a conflict between 2 citizens of 2 different states or a state and another country
- AMOUNT-IN-CONTROVERSY must exceed $75,000
