Construction law unit 1

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Construction law unit 1
2012-09-06 21:07:46
Construction law unit

Construction law unit 1
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  1. a body of rules of action or conduct prescribed by controlling authority, and having binding legal force.
  2. a formula for making a decision
  3. What  are the sources of law in the USA?
    legislative & common
  4. a
    body of rules of action or conduct prescribed by controlling authority, and
    having binding legal force.
    legislative law
  5. the constitutions creates:
    presidency, congress, supreme court
  6. The written instrument agreed upon by the people
    of the Union or of a particular state, as the absolute rule of action and
    decision for all departments (i.e. branches) and officers of the government in
    respect to all the points covered by it, which must control until it shall be
    changed by the authority which established it (i.e., by amendment), and in
    opposition to which any act or ordinance of any such department or officer is
    null and void.
    US Constitution
  7. What are the 3 branches of the US Govt?
    executive, legislative, judicial
  8. a legislative act passed by a legislative body
  9. stautes may govern:
    states, cities, or a country
  10. statutes are sometimes referred to as:
    legislation or black letter law
  11. the two different kinds of statutes are:
    civil & criminal
  12. How do statutes in Texas work?
    Texas has General Statutes which then direct you to specific laws or codes (i.e. Probate Code which deals administering the deceases estate)
  13. Common Law is also referred to as:
    Court Made law
  14. Where did commonl law originate?
    England; later adopted by US; based on precedent
  15. Who follows Common Law?
    All States except for Louisiana
  16. What forms the basis for common law?
  17. Who makes Common Law?
    Judges by applying and interpreting previous decisions
  18. to stand by things decided:
    Stare Decisis
  19. Is precedent always followed?
  20. What does Stare Decisis require and what is the binding authority?
    must follow established precident within the same jurisdiction of equal or higher court with same material facts
  21. How is persuasive authority different from binding authority?
    Persuasive auhtority from another juridiction may be used when there is no established precedent. Binding authority trumps persuasive authority (texas court may look at the handling of similar case if no binding authority exists)
  22. what is the  Legislature's role?
    make laws
  23. The evolving relationship between U.S. and state goverments?
  24. The authority of a court to hear  and decide a dispute in the first instance?
    origninal jurisdiction
  25. What is appellate jurisdiction?
    the court of appeals
  26. A court whose jurisdiction is limited by one or more factors?
    limited jurisdiction
  27. How do federal judges get their positions
  28. Federal courts may hear what type of cases?
    civil and criminal
  29. What powers does the constitution give congress over the federal courts? 
    can abolish federal courts but not supreme court
  30. What created the US Supreme Court?
    US Constitution; Judiciary Act of 1789
  31. How does a  case get to the Supreme Court?
    pettition for a Writ of Certiorari
  32. What authority binds the appellate court?
    Supreme Court; limited and appellate jurisdiction
  33. How many appellate courts are there currently?
  34. What do appellate courts use to decide cases?
    original records/evidence
  35. How many district courts are there?
  36. grand juries may________the accused
  37. Judges may appoint_________to help them with their caseload
    magistrate judges
  38. How many federal district courts are in Texas?
  39. What creates state courts?
    state constitution
  40. How do state judges get their jobs?
    general election
  41. Texas supreme court decisions are______ unless it is a criminal matter
  42. What is the Texas Supreme Court's jurisdiction?
    limited to appeals from the court of appeals
  43. How many state courts of appeals are there?
  44. the 3 limited jurisdiction courts in Texas are:
    constitiutional county courts, statutory probate courts, county courts at law
  45. How many county courts are there in Texas?
  46. What are Municipal Courts?
    Local trial courts; criminal misdemeanors <$500
  47. What type of cases may Justice of the Peace Courts hear?