CP Fundamentals & Core Concepts 2

Question 1

What is the difference between substantive law and procedural law?

Accepted Answer

Substantive defines rights and obligations while procedural establishes rules for enforcing those rights

Answer

Substantive law creates and regulates rights and duties; procedural law prescribes methods for enforcing them.

Question 2

What is stare decisis and why is it important?

Accepted Answer

The doctrine that courts should follow precedent from prior judicial decisions

Answer

Stare decisis requires courts to follow legal principles established by higher courts in the same jurisdiction.

Question 3

What are the three branches of the U.S. government and their functions?

Accepted Answer

Legislative (makes laws), executive (enforces laws), and judicial (interprets laws)

Answer

The three branches are: legislative (Congress) makes laws, executive (President) enforces laws, judicial (courts) interprets laws.

Question 4

What is the hierarchy of law in the United States?

Accepted Answer

U.S. Constitution, federal statutes and treaties, federal regulations, state constitutions, state statutes, local ordinances

Answer

The U.S. Constitution is supreme, followed by federal statutes/treaties, federal regulations, state constitutions, state statutes, and local ordinances.

Question 5

What is jurisdiction and what are the main types?

Accepted Answer

The authority of a court to hear a case; main types include subject matter and personal jurisdiction

Answer

Jurisdiction is the power of a court to hear and decide a case, requiring both subject matter and personal jurisdiction.

(CP) NALA Certified Paralegal Practice Test

(CP) NALA Certified Paralegal Practice Test

CP Fundamentals & Core Concepts 2