Lawyer Terms & Vocab. 2

Question 1

What does 'res judicata' mean in legal practice?

Accepted Answer

A matter already judged that cannot be relitigated

Answer

Res judicata bars relitigation of a claim that has already been finally adjudicated on the merits.

Question 2

In contract law, what is 'consideration'?

Accepted Answer

Something of value exchanged between parties to make a contract binding

Answer

Consideration is a bargained-for exchange of value (money, services, or a promise) that is essential to an enforceable contract.

Question 3

What is a 'writ of mandamus'?

Accepted Answer

A court order compelling a lower court or government official to perform a ministerial duty

Answer

A writ of mandamus is an extraordinary remedy directing a public official or lower court to perform a duty required by law.

Question 4

Which term describes the legal principle that a higher court's decision is binding on lower courts?

Accepted Answer

Stare decisis

Answer

Stare decisis requires courts to follow precedent established by higher courts within the same jurisdiction.

Question 5

What does 'tortfeasor' mean?

Accepted Answer

A party who commits a tort

Answer

A tortfeasor is a person or entity whose wrongful act or omission causes harm, making them liable in a civil action.

Lawyer Practice Test