JD Juris Doctor Questions and Questions 3 — Questions and Answers
Question 1: Which standard of review do federal appellate courts apply to a trial court's findings of fact?
- De novo
- Clearly erroneous (Correct answer)
- Abuse of discretion
- Preponderance of the evidence
Correct answer: Clearly erroneous
Under FRCP Rule 52(a)(6) and case law, appellate courts review factual findings only for clear error.
Question 2: The Supremacy Clause of the U.S. Constitution is found in:
- Article I, Section 8
- Article II, Section 2
- Article VI, Clause 2 (Correct answer)
- The Tenth Amendment
Correct answer: Article VI, Clause 2
Article VI, Clause 2 declares that the Constitution and federal laws made pursuant to it are the supreme law of the land.
Question 3: In criminal law, which mens rea standard requires that a person be aware of a risk and consciously disregard it?
- Purposely
- Knowingly
- Recklessly (Correct answer)
- Negligently
Correct answer: Recklessly
The Model Penal Code defines recklessness as conscious disregard of a substantial and unjustifiable risk.
Question 4: The doctrine of promissory estoppel allows enforcement of a promise even without consideration when the promisor should have expected the promisee to:
- Pay nominal consideration
- Reasonably rely on the promise to their detriment (Correct answer)
- Sign a written agreement
- Obtain a third-party guarantee
Correct answer: Reasonably rely on the promise to their detriment
Promissory estoppel under Restatement (Second) of Contracts § 90 requires a promise inducing reasonable and detrimental reliance.
Question 5: Under the Fourth Amendment, the 'exclusionary rule' was made applicable to the states through which Supreme Court decision?
- Weeks v. United States
- Mapp v. Ohio (Correct answer)
- Terry v. Ohio
- Katz v. United States
Correct answer: Mapp v. Ohio
Mapp v. Ohio (1961) incorporated the exclusionary rule against the states via the Fourteenth Amendment.
Question 6: A 'quasi in rem' action seeks to:
- Assert personal jurisdiction over a nonresident defendant based on property in the forum state (Correct answer)
- Establish title to property against the entire world
- Dismiss a case for improper venue
- Challenge subject matter jurisdiction in federal court
Correct answer: Assert personal jurisdiction over a nonresident defendant based on property in the forum state
Quasi in rem jurisdiction allows a court to adjudicate a dispute using property located in the state as a basis for jurisdiction over a nonresident.
Question 7: Which equitable remedy requires a party to perform a specific act, most commonly used when monetary damages are inadequate?
- Injunction
- Restitution
- Specific performance (Correct answer)
- Rescission
Correct answer: Specific performance
Specific performance is an equitable remedy compelling a party to fulfill contractual obligations, typically used in contracts involving unique property.
JD Juris Doctor Questions and Questions 3
Which standard of review do federal appellate courts apply to a trial court's findings of fact?