LGLA 1301 Final
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Jan 9, 2024
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LGLA 1301 - FINAL EXAM
1. Please define the following:
a. Citation Format – courts generally require that cites in legal memoranda or briefs comply with
the format set out in The Bluebook or other approved style manual
b. Southwest Reporter - a collection of lawbooks that contain all the published appellate
decisions from Arkansas, Kentucky, Missouri, Tennessee, and Texas
c. Vernon’s Civil Statutes - main sources to find these entries in print form; these entries contain
brief historical notes, constitutional provisions, notes of decisions, cross references to other
Vernon's and references to West Digest System, Corpus Juris Secundum, and encyclopedias.
d. Code of Federal Regulations - a codification (arrangement of) the general and permanent
rules published in the Federal Register by the executive departments and agencies of the
Federal Government.
e. 500 Rules of Texas Rules of Civil Procedure - The proper objective of rules of civil procedure is
to obtain a just, fair, equitable and impartial adjudication of the rights of litigants under
established principles of substantive law.
f. SR22 Insurance -
a vehicle liability insurance document required by most state departments of
motor vehicles offices for "high-risk" insurance policies.
g. Expunction - a legal process to remove a criminal conviction or a criminal charge from a
person's record and to seal or destroy the state's records of the arrest, charge, and/or
conviction
.
h. Petition for Non-Disclosure - a court order prohibiting public entities such as courts and police
departments from disclosing certain criminal records
.
i. 11.07 Writ -
the statute that addresses the filing of a writ of habeas corpus for non-death
penalty cases
.
j. Texas Business Records Affidavit -
an affidavit signed by the custodian of records where they
verify the authenticity and accuracy of the records
.
k. Federal Motion to Suppress -
an attempt to keep certain statements or evidence from being
introduced as evidence.
l. Common law -
law that is derived from judicial decisions instead of from statutes.
2. How many United States Codes are there?
It contains
53 titles
3. How Many Texas Codes are there?
There are 27 matter codes according to Vernon’s Texas
Codes.
4.
Name three possible sources to search caselaw.
Lexus, West Law, or Justina.
5. Define “Shephardize.” When using a legal citator, what does a red flag symbolize?
Shephardize means to check the validity of a citation in one of the
Shepard’s
citations.
A red flag
indicates that
the statute has been amended, repealed, superseded, or held unconstitutional in
whole or in part
.
6. Please provide the proper blue book citations for the following:
a. Eighth Amendment to the U.S. Constitution –
U.S. CONST.
amend. VIII § 1
b. Bullcoming v. New Mexico - Bullcoming v. New Mexico: 564 U.S. 647 (2011)
c. United States ex rel. Gerald Mayo v. Satan and His Staff -
United States ex rel. Mayo v. Satan
and his Staf
, 54 F.R.D. 282 (W.D. Pa. 1971)
d. Melendez-Diaz v. Massachusetts - Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009)
e. Strickland v. Washington - Strickland v. Washington, 466 U.S. 668 (1984)
f. Code of Federal Regulations, Title 7 – Agriculture, Part 318 - STATE OF HAWAII AND
TERRITORIES QUARANTINE NOTICE; Section 318.13-22 - Bananas from Hawaii.; Subtitle B -
Regulations of the Department of Agriculture (Continued); Chapter III - ANIMAL AND PLANT
HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE –
7 CFR
§ 318.13-22
g. Federal Rule of Evidence 411 -
Fed. R
. Evid.
411
h. United States Code, Title 18, Part 1, Chapter 33, Sec. 700 –
18 U.S. Code § 700
i. U.S. v. Joseph (1901 case) – U.S. v. Joseph, 940 F.2d 655 (5th Cir. 1901)
j. Federal Rule Appellate Procedure 34(a) – Fed. R. App. P. 34
7. Please provide the proper green book citations for the following:
a. Article 1, Section 19 of the Texas Constitution - T
EX
. C
ONST
.
art. 1, § 19
b. Texas Rule of Evidence 902 -
Tex. R. Evid. 902
c. Texas Family Code 263.307 -
Tex. Fam. Code § 263.307
d. Texas Rule Civil Procedure 193.6 - Tex. R. Civ. P. 193.6
e. In re J.L. (Texas 2005 case) -
In re J.L
, 163 S.W.3d 79 (Tex. 2005)
f. In re Interest of B.C. (Texas 2019 case) -
In re Interest of B.C.
592 S.W.3d 133
(Tex. 2019)
g. Williams v. State (Texas 2022 case) -
Williams v. State
, 668 S.W.3d 59 (Tex. App. 2022)
h. Signal Peak Enterprises of Texas, Inc. v. Bettina Investments, Inc. -
Signal Peak Enter. v. Bettina
Inv.
, 138 S.W.3d 915 (Tex. App. 2004)
i. Texas Civil Practice and Remedies Code 41.003 -
Tex. Civ. Prac. and Rem. Code § 41.003
j. Bay Area Healthcare Grp., Ltd. v. McShane -
Bay Area Healthcare Gr. v. McShane
, 239 S.W.3d
231 (Tex. 2007)
8. Please describe why someone would file an 11.07 writ. Please include three different websites
you would need access before filing one.
A Writ of Habeas Corpus usually addresses
claims of
ineffective assistance of counsel, prosecutorial misconduct, newly discovered evidence, jury
misconduct, and claims of actual innocence
. Three different websites you would need access
before filing one would be the TDCJ website to look up the applicant’s particular unit
information and other facts, county records, and other sites such as Lexus, West Law, or Justina
for similar cases as applicant.
9. Name the fourteen sections of a Texas Appellate brief. The fourteen sections of a Texas
Appellate brief are Title Page, Cover Page, Table of Contents, Identity of Parties and Counsel,
Index of Authorities (include cases you found), Statement of the Case, Oral Argument, Issues
Presented, Statement of Facts, Summary of the Argument, Argument, Prayer, Certificate of
Service, and Certificate of Compliance.
10. In Texas, which court is the highest appellate court for criminal cases? Texas Court of
Criminal Appeals
11. In Texas, which court is the highest appellate court for civil cases? The Supreme Court of
Texas
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