FREE CLA/CP Trivia Questions and Answers
When it comes to rules, the Federal Government takes precedence over the State is known as ______________.
Explanation:
Federal preemption. This occurs when the federal government enacts a law or regulation that supersedes or overrides conflicting state laws or regulations in certain areas, such as interstate commerce, immigration, and national security. Federal preemption is based on the Supremacy Clause of the U.S. Constitution, which establishes the authority of federal law over state law in cases of conflict.
What is called a secondary source that offers background data and explanations on legal subjects along with citations to legal precedent and other authorities?
Explanation:
A legal encyclopedia is a comprehensive reference work that provides a broad overview of legal topics, concepts, and principles. It typically covers a wide range of legal subjects, including substantive law, procedural law, and legal history. Legal encyclopedias are written by legal scholars, experts, and practitioners and are intended to provide a useful starting point for researching legal issues.
Legal encyclopedias typically provide background information on legal concepts and principles, as well as citations to relevant statutes, cases, and other legal authorities. They may also include cross-references to related topics, as well as commentary and analysis from legal experts. Legal encyclopedias are often used as a secondary source of legal information, providing an overview of a topic that can be used to guide further research.
What do Federal Rules Decisions entail?
Explanation:
Federal Rules Decisions (FRD) are a series of case reporters published by West Publishing Company that compile and annotate federal court decisions related to the interpretation and application of the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure, and other federal rules of practice and procedure.
What is the goal of the due process of law? To
Explanation:
The purpose of the due process of law is to ensure that individuals are treated fairly and that their rights are protected when they are subjected to government action. Due process is a legal principle that requires that the government must follow fair procedures before depriving a person of life, liberty, or property.
What is the term for a court's ability to hear a case before any other court?
Explanation:
A court's power to hear a case before any other court is referred to as original jurisdiction. This means that the court has the authority to hear and decide a case as the first court to consider it, rather than hearing an appeal or review of a decision made by another court.
What is the title of a case wherein the court is presented with legal difficulties that the jurisdiction hasn't yet addressed?
Explanation:
A case that presents the court with issues of law that have not been decided upon in that jurisdiction is called a case of first impression. This type of case requires the court to interpret and apply laws, regulations, or legal principles that have not been previously addressed in that particular jurisdiction. It may involve novel or complex legal questions, or it may arise from unique factual circumstances that have not been previously considered by the courts. Cases of first impression are important because they can establish new legal precedent, shaping the way that future cases are decided in that jurisdiction.
What term describes the systematic evolution of a body of statutory laws in a particular jurisdiction?
Explanation:
The development of a systematic compilation of statutory laws in a given jurisdiction is referred to as codification.
Codification involves organizing and compiling the laws of a jurisdiction into a comprehensive and coherent body of law, usually arranged by subject matter or topic. This process typically involves reviewing existing statutes and regulations, determining which laws are still in effect, and arranging them in a logical and consistent order.