JD Juris Doctor Questions and Questions 5

Question 1

The 'Erie doctrine' requires federal courts sitting in diversity to apply:

Accepted Answer

State substantive law and federal procedural law

Answer

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?

Accepted Answer

Easement by reservation

Answer

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?

Accepted Answer

Fifth Amendment

Answer

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:

Accepted Answer

Deals in goods of the kind or holds themselves out as having special knowledge about the goods

Answer

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?

Accepted Answer

Strict scrutiny

Answer

Strict scrutiny applies to laws that classify based on suspect classifications like race, requiring a compelling governmental interest and narrow tailoring.

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 5