ALA Legal Principles and Foundations 2

Question 1

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

Accepted Answer

Stare decisis

Answer

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?

Accepted Answer

Consideration

Answer

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?

Accepted Answer

Original jurisdiction

Answer

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:

Accepted Answer

Federal law preempts conflicting state law

Answer

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?

Accepted Answer

Plaintiff

Answer

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

(ALA) Association of Legal Administrators CLM Practice Test