CP Fundamentals & Core Concepts 2 — Questions and Answers
Question 1: What is the difference between substantive law and procedural law?
- Substantive applies to criminal, procedural to civil
- Substantive defines rights and obligations while procedural establishes rules for enforcing those rights (Correct answer)
- No meaningful difference
- Substantive is federal while procedural is state
Correct answer: Substantive defines rights and obligations while procedural establishes rules for enforcing those rights
Substantive law creates and regulates rights and duties; procedural law prescribes methods for enforcing them.
Substantive law defines rights and obligations (contract law, tort law, criminal law). Procedural law establishes enforcement rules (rules of civil procedure, evidence, criminal procedure). Understanding this distinction is fundamental for legal research and document preparation.
Question 2: What is stare decisis and why is it important?
- A requirement that all cases go to trial
- The doctrine that courts should follow precedent from prior judicial decisions (Correct answer)
- A rule that statutes override case law
- The principle that federal law preempts state law
Correct answer: The doctrine that courts should follow precedent from prior judicial decisions
Stare decisis requires courts to follow legal principles established by higher courts in the same jurisdiction.
Stare decisis promotes consistency, predictability, and fairness. Vertical stare decisis means lower courts follow higher courts; horizontal means a court follows its own precedent. Courts can overrule precedent but do so rarely, usually when a decision is clearly erroneous or conditions have significantly changed.
Question 3: What are the three branches of the U.S. government and their functions?
- Federal, state, and local
- Legislative (makes laws), executive (enforces laws), and judicial (interprets laws) (Correct answer)
- Criminal, civil, and administrative
- Congress, President, and military
Correct answer: Legislative (makes laws), executive (enforces laws), and judicial (interprets laws)
The three branches are: legislative (Congress) makes laws, executive (President) enforces laws, judicial (courts) interprets laws.
Article I establishes Congress (Senate and House) to create laws. Article II establishes the President to enforce laws, command the military, and appoint judges. Article III establishes the courts to interpret laws and exercise judicial review. Each branch has checks on the others.
Question 4: What is the hierarchy of law in the United States?
- State constitutions, federal statutes, local ordinances, case law
- U.S. Constitution, federal statutes and treaties, federal regulations, state constitutions, state statutes, local ordinances (Correct answer)
- Common law, statutory, constitutional, administrative
- Supreme Court decisions, federal statutes, state statutes, regulations
Correct answer: U.S. Constitution, federal statutes and treaties, federal regulations, state constitutions, state statutes, local ordinances
The U.S. Constitution is supreme, followed by federal statutes/treaties, federal regulations, state constitutions, state statutes, and local ordinances.
The Supremacy Clause (Article VI) establishes this hierarchy. When laws at different levels conflict, the higher-level law prevails. Federal regulations carry force of law when properly promulgated. State constitutions are supreme within the state unless conflicting with federal law.
Question 5: What is jurisdiction and what are the main types?
- Where a law firm operates; corporate and nonprofit types
- The authority of a court to hear a case; main types include subject matter and personal jurisdiction (Correct answer)
- Attorney's power to represent; licensed and pro hac vice
- Police department's area; municipal and county
Correct answer: The authority of a court to hear a case; main types include subject matter and personal jurisdiction
Jurisdiction is the power of a court to hear and decide a case, requiring both subject matter and personal jurisdiction.
Types include: subject matter jurisdiction (authority over the case type), personal jurisdiction (authority over parties, based on domicile, consent, or minimum contacts from International Shoe), in rem jurisdiction (authority over property), original jurisdiction (hearing first), and appellate jurisdiction (reviewing lower court decisions).
Question 6: What is the role of a paralegal in the legal system?
- Independently practices law under limited license
- Performs substantive legal work under attorney supervision including research, drafting, investigation, and client communication (Correct answer)
- Serves as mediator between attorneys and clients
- Limited to clerical and administrative tasks
Correct answer: Performs substantive legal work under attorney supervision including research, drafting, investigation, and client communication
Paralegals perform substantive legal work under attorney supervision, distinguished from clerical staff by their analytical capabilities.
Per NALA, a paralegal performs substantive legal work under attorney supervision: legal research and writing, document drafting, investigating facts, interviewing clients and witnesses, maintaining case files, assisting at depositions and trials, and conducting legal analysis.
CP Fundamentals & Core Concepts 2
What is the difference between substantive law and procedural law?