ALA Legal Principles and Foundations 2 — Questions and Answers
Question 1: Which doctrine holds that courts should follow prior decisions when deciding similar cases?
- Res judicata
- Stare decisis (Correct answer)
- Collateral estoppel
- Laches
Correct answer: Stare decisis
Stare decisis is the doctrine requiring courts to follow precedent established in earlier decisions.
Question 2: In contract law, what term describes the exchange of value that makes a contract legally binding?
- Offer
- Acceptance
- Consideration (Correct answer)
- Capacity
Correct answer: Consideration
Consideration is the bargained-for exchange of value — each party must give something of legal value for a contract to be enforceable.
Question 3: Which type of jurisdiction refers to a court's authority to hear a case for the first time?
- Appellate jurisdiction
- Original jurisdiction (Correct answer)
- Concurrent jurisdiction
- Subject matter jurisdiction
Correct answer: Original jurisdiction
Original jurisdiction is the power of a court to hear and decide a case at the trial level, before any appeal.
Question 4: Under the U.S. Constitution, the Supremacy Clause establishes that:
- Federal law preempts conflicting state law (Correct answer)
- State law can override federal regulations
- Courts have the final say on all legislation
- Congress must ratify all executive orders
Correct 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.
Question 5: What is the legal term for the party who files a lawsuit in a civil court?
- Defendant
- Respondent
- Plaintiff (Correct answer)
- Appellant
Correct answer: Plaintiff
The plaintiff is the party who initiates a civil lawsuit by filing a complaint against the defendant.
Question 6: 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?
- Promissory estoppel
- Equitable estoppel (Correct answer)
- Waiver
- Ratification
Correct answer: Equitable estoppel
Equitable estoppel bars a party from taking an inconsistent legal position when another has reasonably relied on the earlier position.
Question 7: In U.S. law, what standard of proof is required in most civil litigation?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (Correct answer)
- Probable cause
Correct 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.
ALA Legal Principles and Foundations 2
Which doctrine holds that courts should follow prior decisions when deciding similar cases?