Legal Principles and Foundations Flashcards

Which legal remedy requires a party to perform a specific act rather than pay monetary damages?

Answer: Specific performance

Specific performance is an equitable remedy that compels a party to fulfill their contractual obligations, typically used when monetary damages are inadequate (e.g., unique property).

What is the legal doctrine of 'res ipsa loquitur' used to establish in negligence cases?

Answer: Negligence may be inferred from the nature of the accident when it would not normally occur without negligence

Res ipsa loquitur ('the thing speaks for itself') allows negligence to be inferred when the type of accident that occurred would not ordinarily happen absent negligence.

Under federal civil procedure, what document formally notifies the defendant that a lawsuit has been filed against them?

Answer: Summons

A summons is the official court document notifying a defendant that a civil lawsuit has been filed and requiring them to respond within a specified time.

Which principle holds that a later statute supersedes an earlier one when the two conflict?

Answer: Lex posterior

Lex posterior derogat priori ('later law repeals earlier law') is a canon of statutory construction used when two laws conflict.

In the context of alternative dispute resolution, what distinguishes mediation from arbitration?

Answer: Mediation facilitates settlement through a neutral but does not impose a decision; arbitration results in a binding award

In mediation, a neutral facilitates negotiation between parties who retain decision-making power; in arbitration, the arbitrator renders a binding decision.

What does 'due process' under the Fourteenth Amendment require before the government deprives a person of life, liberty, or property?

Answer: Notice and an opportunity to be heard

Procedural due process requires the government to provide notice and a meaningful opportunity to be heard before depriving an individual of a protected interest.

Which equitable doctrine bars a plaintiff from seeking relief when they have unreasonably delayed asserting their rights to the prejudice of the defendant?

Answer: Laches

Laches is an equitable defense that defeats a claim when the plaintiff's unreasonable delay in asserting rights has prejudiced the defendant.