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Paralegal > Week 7 Test #12 (Monday, Dec. 14) > Flashcards

Week 7 Test #12 (Monday, Dec. 14) Flashcards

1
Q

Name 3 elements of a gift.

A
  • Donative Intent
  • Acceptance
  • Delivery
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2
Q

The seller or donor is called the ___ .

The buyer or recipient is called the ___.

A

grantor

grantee

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3
Q

What is the name of the law that covers security deposits for apartments?

A

Texas Security Deposit Law

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4
Q

What is a waiver of service in the steps of divorce?

A

you do NOT need official service of process about petition for divorce

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5
Q

How many times can a TRO be extended?

A

1

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6
Q

FTC

A

Federal Trade Commission

-unfair and deceptive practices

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7
Q

NLRB

A

National Labor Relations Board

  • union formation and elections
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8
Q

FCC

A

Federal Communications Commission

  • radio and TV
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9
Q

ALJs issue what?

A

orders

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10
Q

SEC

A

Security Exchange Commission

  • issuance, sale, purchase of securities
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11
Q

Divorce

A

end valid marriage

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12
Q

In a civil case of conduct involving moral turpitude, ___ may be offered by the accused to rebut.

A

character

evidence

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13
Q

Mention the methods of proving character

A
  • reputation (most common)
  • opinion
  • specific instances of conduct
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14
Q

Evidence of the habit of a person or of the routine practice of an organization is relevant to prove the conduct.

A

habit or

routine practice

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15
Q

What is spousal maintenance?

A

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
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16
Q

What is conservatorship?

A

custody

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17
Q

hearsay

A

an out of court statement, offered in court to prove the truth of the matter asserted

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18
Q

What is possession and access?

A

visitation

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19
Q

When can a child decide to live with a different parent?

A
  • 18

- but not before 12

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20
Q

Child Support for 1 child?

A 
20% of net
25% = 2
30% = 3
35% = 4
40% = 5
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21
Q

The Stacey and Drew Peterson did what?

A

could not find an exception for hearsay - so one was added and made retroactive

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22
Q

EPA

A

Environmental Protection Agency

  • Clean Water Act
  • Clean AirAct
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23
Q

Evidence

A

parties prove their case to the jury or judge by introducing evidence

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24
Q

2 broad categories of evidence

A
  • testimony under oath

- documentary evidence

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25
Q

___ are documents and other tangible things.

A

documentary evidence

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26
Q

Testimony under oath and ___ are 2 broad categories of evidence.

A

documentary evidence

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27
Q

A ___ has developed to protect property rights.

A

comprehensive body of law

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28
Q

How many drugs did the FDA test last year?

A

0

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29
Q

EEOC

A

Equal Employment Opportunity Commission

- enforce federal employment discrimination

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30
Q

Residency Requirements for divorce

A
  • live in Texas for 6 months

- live in county, 90 days

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31
Q

FOIA

A

Freedom of Information Act

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32
Q

The bundle of legal rights that the owner has to possess, use, or enjoy the property.

A

Estate
in
Land

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33
Q

CPSC

A

Consumer Product Safety Commission

  • test consumer products
  • seizes hazardous products
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34
Q

Who interprets / enforces CPSA?

A

Consumer Product Safety Act

- consumer product safety commission governs

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35
Q

to prove that the witness is lying

A

impeach the witness

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36
Q

hearsay is not admissible, except as provided in the ___

A

TRE - Texas Rules of Evidence

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37
Q

Real property can become personal property if it is removed from the land.

A

A tree that is part of a forest is real property.

but it is cut down it becomes personal property

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38
Q

steps for divorce

A
  • petition
  • pay filing fee
  • service of process
  • waiver of service
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39
Q

TORA

A

Texas Open Records Act

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40
Q

What is personal property?

A

everything that is not real property

  • goods
  • chattels
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41
Q

doctrine of evidence applied by a court that allows the court to recognize and accept the existence of a particular fact.

A

judicial notice

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42
Q

What powers does Administrative Agency have?

A
  • legislative power
  • executive powers
  • licensing powers
  • judicial powers
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43
Q

fixtures

A
  • personal property that is affixed to land or buildings
  • categorized as real property
  • kitchen cabinets
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44
Q

legal marriage age

A

must be at least 18

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45
Q

Annulment

A

to dissolve a marriage / never existed

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46
Q

Rule violations

A
  • testimony of the witness who violated may be excluded and the witness held in contempt
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47
Q

Provides that leased premises must be fit, safe, and suitable for ordinary residential use.

A

Implied
Warranty of
Habitability

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48
Q

Judicial Notice

A

a judge may take judicial notice of certain kinds of facts

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49
Q

What name did the new pope choose?

A

Francis

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50
Q

A form of co-ownership that includes a ____.

A

right
of
survivorship

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51
Q

___ passes to the deceased tenant’s estate and not to the co-tenants.

A

Tenancy

in Common

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52
Q

Demonstrative Evidence

A
  • not the actual evidence

- pictures, documents

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53
Q

To get a PO, what must you prove.

A
  • family violence or threat

- likely to occur in the future

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54
Q

Declarant

A

a person who makes a statement

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55
Q

When is the divorce final?

A

when final decree of divorce is issued

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56
Q

Is the court ordered alimony in Texas?

A

No

Court will never order but it can be agreed to in mediation

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57
Q

What is temporary spousal support?

A
  • support ordered during pendency of divorce
  • court finds necessary and equitable
  • no cap on temporary support
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58
Q

FDA

A

Food and Drug Administration

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59
Q

Regulation of cosmetics

A

attractiveness of a person

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60
Q

What are 2 broad categories of property

A

Real and Personal Property

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61
Q

At beginning of trial, either side can ask the judge to ___

A

Invoke the Rule

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62
Q

What is net income?

A

take home pay (after taxes)

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63
Q

Title to personal property is often acquired by will or ___

A

inheritance

64
Q

2 ways to get agency records

A
  • FOIA

- TORA

65
Q

Government in the Sunshine Act

A

open certain federal agency images to the public

66
Q

Security Deposit Law for Commercial tenants?

A

TEXAS COMMERCIAL SECURITY DEPOSIT LAW

- landlord must return deposit no later than the 60th day

67
Q

What is Parentage Lawsuit?

A

determines legal biological parent

68
Q

___ may be admissible when offered for another purpose such as proving ownership.

A

Subsequent Remedial Measurement

69
Q

When is a man a presumed father?

A
  • 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
70
Q

EAJA

A

Equal Access to Justice Act

- protects from harassment by federal administrative agency

71
Q

Do Not Call Registry

A
  • Federal Communication Commission

- Federal Trade Commission

72
Q

What is an acknowledged father?

A
  • mother and father signs acknowledgement of paternity and files it with the Bureau of Vital Statitics
73
Q

Adjudicated father

A

found to be the father of a child by a court

74
Q

4 things not hearsay (admissible)

A
  • 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
75
Q

The person making a gift is the ____.

The person receiving the gift is the ___.

A

donor

donee

76
Q

Who is required to evict you?

A

eviction can only be done by a constable or sheriff pursuant to a court order

77
Q

What does a TRO require?

A

an affadvait

78
Q

Regulation of Medical Devices

A

RMD

- medicinal devices

79
Q

Administrative regulations

A

Code of Federal Regulations (CFR)

80
Q

Subsequent Remedial Measures

A

if fixing sidewalk after accident, measure is not admissible to prove negligence

81
Q

TRO

A

Temporary Restraining Order

82
Q

in a divorce what are the participants called

A

petitioner - files suit or petition

respondent - answers petition

83
Q

___ 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

A

Evidence
of
furnishing
Offer to Compromise

84
Q

nolo contendere

A

no contest

85
Q

plea discussions

A
  • 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
86
Q

The most common way in which a witness is impeached is by using a ____

A

prior inconsistent statement

87
Q

Offer exhibit to opposing counsel at the same time you say ___

A

“I tender to opposing counsel”

88
Q

What court is the protective order court

A

280th

89
Q

___ are witness who under oath relate facts within their knowledge.

A

Testimony under oath

90
Q

sources of evidentiary rules

A

TRE - state court

FRE - federal court

91
Q

___ means that all witnesses are excluded from the courtroom so they cannot hear testimony given by other witness.

A

Invoking the Rule

92
Q

Property ownership forms

A

the foundation of our economic system

93
Q

An interest in real property that lasts for the life of a specified person.

A

Life Estate
The specified person is called the
Life Tenant

94
Q

Department of Homeland Security

A
  • 2002
  • 22 existing federal agencies
  • 2nd largest (behind Defense)
95
Q

privilege pairs

A
  • husband / wife
  • attorney / client
  • clergy / petinent
  • physician / patient
96
Q

Before testifying every witness is required to declare to testify truthfully.

A

oath or affimation

97
Q

Who is the Harris County District Clerk?

A

Chris Daniel

98
Q

Ex Parte

A

from one party

99
Q

Who is the new pope?

A

Jorge Mario Bergoglio

from Argentino

100
Q

How did the condave let the masses know a new pope had been decided?

A

white smoke from the chimney

101
Q

Emergency filings

A
  • TR0 (Ex Parte Affidavit & 14 days)

- PO (family violence and 280th DC)

102
Q

Can you get a divorce if you are pregnant?

A

No, born within 301 days of divorce

103
Q

What is contractual alimony?

A
  • agreement between 2 people
  • it’s a contract
  • judge will never give to you
104
Q

Who taught family law?

A

Catherine Herrington Hale

105
Q

What is the IV-D Court

A

child support cases

106
Q

Cannot be used to enhance the witness believability.

A

religious beliefs or opinions

107
Q

Scope of diagnosis is limited by ___.

A

pleadings

108
Q

When evidence is not relevant under the pleadings, it should ___.

A

not be admitted

109
Q

The scope that includes any matter relevant to any issues in the case, including credibility

A

Cross Examination

110
Q

What is mediation?

A

confidential settlement process

111
Q

informal marriage

A
  • hold yourself out
  • cohabitation
  • agree that you are married
112
Q

6 ways to acquiring personal property

A
  1. purchase
  2. production
  3. gift
  4. inheritance
  5. mislaid property
  6. lost proeprty
113
Q

Grounds for an annulment

A
  • forced to marry by fraud
  • underage or under the influence
  • mentally incompetent
  • impotenent
114
Q

pro se

A

one who represent him/herself

115
Q

Where is the Family Law handbook published?

A

Houston Bar Association

hba.org

116
Q

You may be evicted only after:

A
  • landlord starts legal proceeding
  • opportunity to appear in court
  • judge orders you to leave
  • you do not leave on your own
117
Q

a gift

A
  • voluntary transfer of property without consideration

- lack of consideration is what distinguishes a gift from a purchase

118
Q

What is enforcement?

A

lawsuit against person who violates court order

119
Q

Right to possess property in the future, rather than present.

A

Future Interests
2 forms
REVERSION & REMAINDER

120
Q

Ownership in which each spouse owns an equal one-half share income and assets

A

Community property

121
Q

If I’m late with my rent, can my landlord throw me out?

A

No, a landlord cannot personally evict a tenant

122
Q

Famous nolo contendere case

A

U.S. v. Agnew

  • bribes
  • fraud
123
Q

liability insurance

A

evidence that person was or was not insured against liability is NOT admissible on whether person acted negligently

124
Q

How many courts are used for family law?

A

9 Family law courts
1 protective order court
4 IV-D Courts

125
Q

ALJ

A

Administrative
Law
Judges

126
Q

How long does it take to get a divorce?

A
  • at least 60 days

- can’t marry for 30 days

127
Q

What must all family law cases do before final trial?

A

mediation used to settle the case

128
Q

What is considered community property?

A
  • 1 to 9 states
  • not 50/50 split
  • JUST & RIGHT DIVISION
  • we are a no fault state
129
Q

Is there contractual alimony in Texas? What are they?

A

Yes

  • Contractual
  • temporary spousal support
  • maintenace
130
Q

In Texas, you cannot marry your ..

A
  • siblings
  • aunt, uncle, niece, nephew
  • cousin
  • ancestor & descendant
  • stepkids or stepparents
131
Q

__ are what can’t be brought as evidence into court.

A

privileges

132
Q

what is modification?

A

changing terms of divorce decree regarding children

133
Q

Competency of Witnesses

A
  • insane person

- children who appear not to possess intellect

134
Q

You address the court by saying ____

A

“May I approach the witness?”

135
Q

The highest form of ownership of real property

A

Fee
Simple
Absolute

136
Q

The law protects the right of property owners to ___.

A
  • use
  • sell
  • dispose of
  • control and
  • prevent others from trespassing on their property rights.
137
Q

SAPCR

A 
suit
affecting
parent
child
relationship
138
Q

CCJ

A

Court of
Continuing
Jurisdiction

139
Q

When 2 or more persons own a piece of real property it’s called ___

A

Concurrent

Ownership

140
Q

Instruction of the Rule

A
  • not to converse about case with each other

- not to read any reports

141
Q

What is real property?

A
  • land and property that is permanently affixed to it
  • minerals
  • crops
  • timber
142
Q

Are there juries in Administrative hearings?

A

NO

143
Q

When can the judge take judicial notices during a trial?

A

At any point

144
Q

Under Texas law, there is a right of ___ cross examination.

A

FULL AND COMPLETE

145
Q

Privileges

A

can’t be forced to testify in court

146
Q

Real property that can be used by married couples only, but not in Texas.

A

Tenancy by the

Entirety

147
Q

Kinds of Judicial Notice

A

fact not subject to reasonable dispute:

  • rush hour traffic
  • national weather report
148
Q

Evidence having any tendency to make the existence of any fact is of consequence.

A

Relevant Evidence

said in class she will give us the definition and we need to know Relevant Evidence

149
Q

Leading questions

A
  • the answer is in the question

can’t say: Was the light red?
can say: What color was the light?

150
Q

Redirect Recross

A

redirect - answer given on cross

recross - answer given on redirect

151
Q

Hostile witness

A

a person who has a position that is leaned over to the other side

152
Q

A form of joint ownership that includes a right of survivorship called

A

Joint

Tenancy

153
Q

Answers to ___ cannot be used as evidence by the party who answered them.

A

Interrogatories

154
Q

What is the first thing to do before filing a divorce?

A

check for jurisdiction

155
Q

Real Property is

A

Minerals - crops, timber, bldgs attachedd to land

Paralegal (28 decks)

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