JD Juris Doctor Questions and Questions 3

Question 1

Which standard of review do federal appellate courts apply to a trial court's findings of fact?

Accepted Answer

Clearly erroneous

Answer

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:

Accepted Answer

Article VI, Clause 2

Answer

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?

Accepted Answer

Recklessly

Answer

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:

Accepted Answer

Reasonably rely on the promise to their detriment

Answer

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?

Accepted Answer

Mapp v. Ohio

Answer

Mapp v. Ohio (1961) incorporated the exclusionary rule against the states via the Fourteenth Amendment.

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD Juris Doctor Questions and Questions 3