Legal Principles and Foundations Flashcards

Which doctrine holds that courts should follow prior decisions when deciding similar cases?

Answer: Stare decisis

Stare decisis is the doctrine requiring courts to follow precedent established in earlier decisions.

In contract law, what term describes the exchange of value that makes a contract legally binding?

Answer: Consideration

Consideration is the bargained-for exchange of value — each party must give something of legal value for a contract to be enforceable.

Which type of jurisdiction refers to a court's authority to hear a case for the first time?

Answer: Original jurisdiction

Original jurisdiction is the power of a court to hear and decide a case at the trial level, before any appeal.

Under the U.S. Constitution, the Supremacy Clause establishes that:

Answer: Federal law preempts conflicting state law

The Supremacy Clause (Article VI) makes the U.S. Constitution and federal laws the supreme law of the land, preempting conflicting state laws.

What is the legal term for the party who files a lawsuit in a civil court?

Answer: Plaintiff

The plaintiff is the party who initiates a civil lawsuit by filing a complaint against the defendant.

Which principle prevents a party from asserting a legal position that is inconsistent with a position previously taken when another party relied on it to their detriment?

Answer: Equitable estoppel

Equitable estoppel bars a party from taking an inconsistent legal position when another has reasonably relied on the earlier position.

In U.S. law, what standard of proof is required in most civil litigation?

Answer: Preponderance of the evidence

Preponderance of the evidence — meaning more likely than not (greater than 50%) — is the standard burden of proof in most civil cases.