JD Juris Doctor Questions and Questions 2 — Questions and Answers
Question 1: Which doctrine holds that a later statute on the same subject supersedes an earlier one to the extent they conflict?
- Stare decisis
- Lex posterior derogat priori (Correct answer)
- Expressio unius
- Ejusdem generis
Correct answer: Lex posterior derogat priori
Lex posterior derogat priori means a later law repeals an earlier conflicting law.
Question 2: Under the Federal Rules of Civil Procedure, a party must serve a responsive pleading to a complaint within how many days after being served (absent a court order)?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 21 days
FRCP Rule 12(a)(1)(A)(i) requires a defendant to serve an answer within 21 days after service of the summons and complaint.
Question 3: The 'but-for' test in tort law is used primarily to establish which element of a negligence claim?
- Duty
- Breach
- Causation (Correct answer)
- Damages
Correct answer: Causation
The 'but-for' test determines actual cause: the harm would not have occurred but for the defendant's conduct.
Question 4: Which constitutional provision is the primary basis for Congress's power to regulate interstate commerce?
- Necessary and Proper Clause
- Supremacy Clause
- Commerce Clause (Correct answer)
- Spending Clause
Correct answer: Commerce Clause
Article I, Section 8, Clause 3 (the Commerce Clause) grants Congress the power to regulate commerce among the states.
Question 5: In contract law, an offer is generally terminated by lapse of time. If no time is specified, the offer lapses after a:
- Fixed period of 30 days by default
- Reasonable time based on the circumstances (Correct answer)
- Period set by the UCC (90 days)
- Period set by state statute
Correct answer: Reasonable time based on the circumstances
An unspecified offer remains open for a reasonable time determined by the nature of the transaction and surrounding circumstances.
Question 6: Which rule of professional conduct prohibits a lawyer from making a false statement of material fact to a tribunal?
- Rule 3.3 – Candor Toward the Tribunal (Correct answer)
- Rule 1.6 – Confidentiality
- Rule 8.4 – Misconduct
- Rule 4.1 – Truthfulness to Third Parties
Correct answer: Rule 3.3 – Candor Toward the Tribunal
Rule 3.3 of the Model Rules specifically addresses a lawyer's duty of candor toward the tribunal, including prohibiting false statements of fact or law.
Question 7: Under Article 2 of the UCC, the 'battle of the forms' provision governs the situation where:
- Two parties exchange purchase orders with differing terms (Correct answer)
- A seller revokes an offer before acceptance
- A buyer rejects goods after inspection
- Parties orally modify a written contract
Correct answer: Two parties exchange purchase orders with differing terms
UCC § 2-207 addresses the 'battle of the forms' when merchants exchange forms containing additional or different terms.
JD Juris Doctor Questions and Questions 2
Which doctrine holds that a later statute on the same subject supersedes an earlier one to the extent they conflict?