JD Juris Doctor Questions and Questions 5 — Questions and Answers
Question 1: The 'Erie doctrine' requires federal courts sitting in diversity to apply:
- Federal common law to all substantive issues
- State substantive law and federal procedural law (Correct answer)
- Federal law exclusively
- The law of the defendant's home state only
Correct answer: State substantive law and federal procedural law
Erie Railroad Co. v. Tompkins (1938) held that federal courts in diversity cases must apply state substantive law but follow federal procedural rules.
Question 2: Which type of easement is created when land is sold and the grantor intends to retain a right to use the portion conveyed?
- Easement by prescription
- Easement by necessity
- Easement by implication
- Easement by reservation (Correct answer)
Correct answer: Easement by reservation
An easement by reservation is expressly created in a deed when the grantor retains a right to use the land being conveyed.
Question 3: In criminal procedure, Miranda warnings are required before custodial interrogation under which constitutional amendment?
- Fourth Amendment
- Fifth Amendment (Correct answer)
- Sixth Amendment
- Fourteenth Amendment
Correct answer: Fifth Amendment
Miranda v. Arizona (1966) grounded custodial interrogation warnings in the Fifth Amendment's privilege against self-incrimination.
Question 4: Under the UCC, a 'merchant' is defined as a person who:
- Holds a business license
- Deals in goods of the kind or holds themselves out as having special knowledge about the goods (Correct answer)
- Is incorporated under state law
- Engages in transactions exceeding $500
Correct answer: Deals in goods of the kind or holds themselves out as having special knowledge about the goods
UCC § 2-104 defines a merchant as one who deals in goods of the kind involved or professes expertise in those goods or practices.
Question 5: Which constitutional test applies when a law discriminates based on race or national origin, requiring the government to show a compelling interest achieved by narrowly tailored means?
- Rational basis review
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Undue burden test
Correct answer: Strict scrutiny
Strict scrutiny applies to laws that classify based on suspect classifications like race, requiring a compelling governmental interest and narrow tailoring.
Question 6: The attorney-client privilege is generally waived when the client discloses the privileged communication to:
- Another attorney in the same firm
- An expert witness retained for litigation
- An unnecessary third party outside the privilege (Correct answer)
- A court-appointed mediator
Correct answer: An unnecessary third party outside the privilege
Disclosure of privileged communications to unnecessary third parties not within the scope of the privilege destroys confidentiality and waives the privilege.
Question 7: Which doctrine allows a court to 'pierce the corporate veil' and hold shareholders personally liable?
- Respondeat superior
- Alter ego theory (Correct answer)
- Res ipsa loquitur
- Collateral estoppel
Correct answer: Alter ego theory
Under the alter ego theory, courts pierce the corporate veil when the corporation is so controlled and dominated by shareholders that it is merely their instrumentality, causing injustice.
JD Juris Doctor Questions and Questions 5
The 'Erie doctrine' requires federal courts sitting in diversity to apply: