Week 7 Test #12 (Monday, Dec. 14) Flashcards
Name 3 elements of a gift.
- Donative Intent
- Acceptance
- Delivery
The seller or donor is called the ___ .
The buyer or recipient is called the ___.
grantor
grantee
What is the name of the law that covers security deposits for apartments?
Texas Security Deposit Law
What is a waiver of service in the steps of divorce?
you do NOT need official service of process about petition for divorce
How many times can a TRO be extended?
1
FTC
Federal Trade Commission
-unfair and deceptive practices
NLRB
National Labor Relations Board
- union formation and elections
FCC
Federal Communications Commission
- radio and TV
ALJs issue what?
orders
SEC
Security Exchange Commission
- issuance, sale, purchase of securities
Divorce
end valid marriage
In a civil case of conduct involving moral turpitude, ___ may be offered by the accused to rebut.
character
evidence
Mention the methods of proving character
- reputation (most common)
- opinion
- specific instances of conduct
Evidence of the habit of a person or of the routine practice of an organization is relevant to prove the conduct.
habit or
routine practice
What is spousal maintenance?
granted in 2 circumstances
- lesser of $5k or 20% of gross income
- Period not to exceed 5, 7, or 10 years depending on length of marriage
What is conservatorship?
custody
hearsay
an out of court statement, offered in court to prove the truth of the matter asserted
What is possession and access?
visitation
When can a child decide to live with a different parent?
- 18
- but not before 12
Child Support for 1 child?
20% of net 25% = 2 30% = 3 35% = 4 40% = 5
The Stacey and Drew Peterson did what?
could not find an exception for hearsay - so one was added and made retroactive
EPA
Environmental Protection Agency
- Clean Water Act
- Clean AirAct
Evidence
parties prove their case to the jury or judge by introducing evidence
2 broad categories of evidence
- testimony under oath
- documentary evidence
___ are documents and other tangible things.
documentary evidence
Testimony under oath and ___ are 2 broad categories of evidence.
documentary evidence
A ___ has developed to protect property rights.
comprehensive body of law
How many drugs did the FDA test last year?
0
EEOC
Equal Employment Opportunity Commission
- enforce federal employment discrimination
Residency Requirements for divorce
- live in Texas for 6 months
- live in county, 90 days
FOIA
Freedom of Information Act
The bundle of legal rights that the owner has to possess, use, or enjoy the property.
Estate
in
Land
CPSC
Consumer Product Safety Commission
- test consumer products
- seizes hazardous products
Who interprets / enforces CPSA?
Consumer Product Safety Act
- consumer product safety commission governs
to prove that the witness is lying
impeach the witness
hearsay is not admissible, except as provided in the ___
TRE - Texas Rules of Evidence
Real property can become personal property if it is removed from the land.
A tree that is part of a forest is real property.
but it is cut down it becomes personal property
steps for divorce
- petition
- pay filing fee
- service of process
- waiver of service
TORA
Texas Open Records Act
What is personal property?
everything that is not real property
- goods
- chattels
doctrine of evidence applied by a court that allows the court to recognize and accept the existence of a particular fact.
judicial notice
What powers does Administrative Agency have?
- legislative power
- executive powers
- licensing powers
- judicial powers
fixtures
- personal property that is affixed to land or buildings
- categorized as real property
- kitchen cabinets
legal marriage age
must be at least 18
Annulment
to dissolve a marriage / never existed
Rule violations
- testimony of the witness who violated may be excluded and the witness held in contempt
Provides that leased premises must be fit, safe, and suitable for ordinary residential use.
Implied
Warranty of
Habitability
Judicial Notice
a judge may take judicial notice of certain kinds of facts
What name did the new pope choose?
Francis
A form of co-ownership that includes a ____.
right
of
survivorship
___ passes to the deceased tenant’s estate and not to the co-tenants.
Tenancy
in Common
Demonstrative Evidence
- not the actual evidence
- pictures, documents
To get a PO, what must you prove.
- family violence or threat
- likely to occur in the future
Declarant
a person who makes a statement
When is the divorce final?
when final decree of divorce is issued
Is the court ordered alimony in Texas?
No
Court will never order but it can be agreed to in mediation
What is temporary spousal support?
- support ordered during pendency of divorce
- court finds necessary and equitable
- no cap on temporary support
FDA
Food and Drug Administration
Regulation of cosmetics
attractiveness of a person
What are 2 broad categories of property
Real and Personal Property
At beginning of trial, either side can ask the judge to ___
Invoke the Rule
What is net income?
take home pay (after taxes)
Title to personal property is often acquired by will or ___
inheritance
2 ways to get agency records
- FOIA
- TORA
Government in the Sunshine Act
open certain federal agency images to the public
Security Deposit Law for Commercial tenants?
TEXAS COMMERCIAL SECURITY DEPOSIT LAW
- landlord must return deposit no later than the 60th day
What is Parentage Lawsuit?
determines legal biological parent
___ may be admissible when offered for another purpose such as proving ownership.
Subsequent Remedial Measurement
When is a man a presumed father?
- married to mother at birth or within 301 days of child’s birth
- files assertion of paternity with Bureau Vital Statistics
- voluntarily named on birth cetificate
EAJA
Equal Access to Justice Act
- protects from harassment by federal administrative agency
Do Not Call Registry
- Federal Communication Commission
- Federal Trade Commission
What is an acknowledged father?
- mother and father signs acknowledgement of paternity and files it with the Bureau of Vital Statitics
Adjudicated father
found to be the father of a child by a court
4 things not hearsay (admissible)
- prior statement by witness
- statement made about the identification of a person after perceiving the person
- admission by a party opponent
- statements made in depositions
The person making a gift is the ____.
The person receiving the gift is the ___.
donor
donee
Who is required to evict you?
eviction can only be done by a constable or sheriff pursuant to a court order
What does a TRO require?
an affadvait
Regulation of Medical Devices
RMD
- medicinal devices
Administrative regulations
Code of Federal Regulations (CFR)
Subsequent Remedial Measures
if fixing sidewalk after accident, measure is not admissible to prove negligence
TRO
Temporary Restraining Order
in a divorce what are the participants called
petitioner - files suit or petition
respondent - answers petition
___ offering to furnish, accept, or offering to accept, or offering to accept, a valuable condition to settle a disputed claim is not admissible to prove liability
Evidence
of
furnishing
Offer to Compromise
nolo contendere
no contest
plea discussions
- plea of guilty later withdrawn
- plea of nolo contendere later withdrawn
- statements made in course of plea discussions with an attorney for the prosecuting authority
The most common way in which a witness is impeached is by using a ____
prior inconsistent statement
Offer exhibit to opposing counsel at the same time you say ___
“I tender to opposing counsel”
What court is the protective order court
280th
___ are witness who under oath relate facts within their knowledge.
Testimony under oath
sources of evidentiary rules
TRE - state court
FRE - federal court
___ means that all witnesses are excluded from the courtroom so they cannot hear testimony given by other witness.
Invoking the Rule
Property ownership forms
the foundation of our economic system
An interest in real property that lasts for the life of a specified person.
Life Estate
The specified person is called the
Life Tenant
Department of Homeland Security
- 2002
- 22 existing federal agencies
- 2nd largest (behind Defense)
privilege pairs
- husband / wife
- attorney / client
- clergy / petinent
- physician / patient
Before testifying every witness is required to declare to testify truthfully.
oath or affimation
Who is the Harris County District Clerk?
Chris Daniel
Ex Parte
from one party
Who is the new pope?
Jorge Mario Bergoglio
from Argentino
How did the condave let the masses know a new pope had been decided?
white smoke from the chimney
Emergency filings
- TR0 (Ex Parte Affidavit & 14 days)
- PO (family violence and 280th DC)
Can you get a divorce if you are pregnant?
No, born within 301 days of divorce
What is contractual alimony?
- agreement between 2 people
- it’s a contract
- judge will never give to you
Who taught family law?
Catherine Herrington Hale
What is the IV-D Court
child support cases
Cannot be used to enhance the witness believability.
religious beliefs or opinions
Scope of diagnosis is limited by ___.
pleadings
When evidence is not relevant under the pleadings, it should ___.
not be admitted
The scope that includes any matter relevant to any issues in the case, including credibility
Cross Examination
What is mediation?
confidential settlement process
informal marriage
- hold yourself out
- cohabitation
- agree that you are married
6 ways to acquiring personal property
- purchase
- production
- gift
- inheritance
- mislaid property
- lost proeprty
Grounds for an annulment
- forced to marry by fraud
- underage or under the influence
- mentally incompetent
- impotenent
pro se
one who represent him/herself
Where is the Family Law handbook published?
Houston Bar Association
hba.org
You may be evicted only after:
- landlord starts legal proceeding
- opportunity to appear in court
- judge orders you to leave
- you do not leave on your own
a gift
- voluntary transfer of property without consideration
- lack of consideration is what distinguishes a gift from a purchase
What is enforcement?
lawsuit against person who violates court order
Right to possess property in the future, rather than present.
Future Interests
2 forms
REVERSION & REMAINDER
Ownership in which each spouse owns an equal one-half share income and assets
Community property
If I’m late with my rent, can my landlord throw me out?
No, a landlord cannot personally evict a tenant
Famous nolo contendere case
U.S. v. Agnew
- bribes
- fraud
liability insurance
evidence that person was or was not insured against liability is NOT admissible on whether person acted negligently
How many courts are used for family law?
9 Family law courts
1 protective order court
4 IV-D Courts
ALJ
Administrative
Law
Judges
How long does it take to get a divorce?
- at least 60 days
- can’t marry for 30 days
What must all family law cases do before final trial?
mediation used to settle the case
What is considered community property?
- 1 to 9 states
- not 50/50 split
- JUST & RIGHT DIVISION
- we are a no fault state
Is there contractual alimony in Texas? What are they?
Yes
- Contractual
- temporary spousal support
- maintenace
In Texas, you cannot marry your ..
- siblings
- aunt, uncle, niece, nephew
- cousin
- ancestor & descendant
- stepkids or stepparents
__ are what can’t be brought as evidence into court.
privileges
what is modification?
changing terms of divorce decree regarding children
Competency of Witnesses
- insane person
- children who appear not to possess intellect
You address the court by saying ____
“May I approach the witness?”
The highest form of ownership of real property
Fee
Simple
Absolute
The law protects the right of property owners to ___.
- use
- sell
- dispose of
- control and
- prevent others from trespassing on their property rights.
SAPCR
suit affecting parent child relationship
CCJ
Court of
Continuing
Jurisdiction
When 2 or more persons own a piece of real property it’s called ___
Concurrent
Ownership
Instruction of the Rule
- not to converse about case with each other
- not to read any reports
What is real property?
- land and property that is permanently affixed to it
- minerals
- crops
- timber
Are there juries in Administrative hearings?
NO
When can the judge take judicial notices during a trial?
At any point
Under Texas law, there is a right of ___ cross examination.
FULL AND COMPLETE
Privileges
can’t be forced to testify in court
Real property that can be used by married couples only, but not in Texas.
Tenancy by the
Entirety
Kinds of Judicial Notice
fact not subject to reasonable dispute:
- rush hour traffic
- national weather report
Evidence having any tendency to make the existence of any fact is of consequence.
Relevant Evidence
said in class she will give us the definition and we need to know Relevant Evidence
Leading questions
- the answer is in the question
can’t say: Was the light red?
can say: What color was the light?
Redirect Recross
redirect - answer given on cross
recross - answer given on redirect
Hostile witness
a person who has a position that is leaned over to the other side
A form of joint ownership that includes a right of survivorship called
Joint
Tenancy
Answers to ___ cannot be used as evidence by the party who answered them.
Interrogatories
What is the first thing to do before filing a divorce?
check for jurisdiction
Real Property is
Minerals - crops, timber, bldgs attachedd to land
