LLM Master of Laws: Law and Justice 3

Question 1

In international law, the principle of jus cogens refers to:

Accepted Answer

Peremptory norms from which no derogation is permitted

Answer

Jus cogens norms—such as the prohibition on genocide—are fundamental and cannot be overridden by treaty or custom.

Question 2

Under the Model Penal Code, what mental state is required when the statute is silent on mens rea?

Accepted Answer

Recklessness

Answer

MPC § 2.02(3) provides that recklessness is the default mental state when the statute does not specify one.

Question 3

Which equitable remedy requires a party to perform a specific act rather than pay monetary damages?

Accepted Answer

Specific performance

Answer

Specific performance compels a party to fulfill contractual obligations and is most common in contracts for unique property.

Question 4

The Alien Tort Statute (28 U.S.C. § 1350) grants federal jurisdiction over tort claims by aliens for violations of:

Accepted Answer

The law of nations or a US treaty

Answer

The ATS gives federal courts jurisdiction over civil actions by aliens for torts committed in violation of customary international law or US treaties.

Question 5

Which of the following best defines 'substantive due process' as used in US constitutional law?

Accepted Answer

Judicial protection of fundamental rights from government infringement regardless of procedures followed

Answer

Substantive due process protects certain fundamental rights from government interference even when proper procedures are used.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Master of Laws: Law and Justice 3