LLM Master of Laws: Law and Justice 4

Question 1

Which Supreme Court case established the exclusionary rule as applicable to state courts through the Fourteenth Amendment?

Accepted Answer

Mapp v. Ohio

Answer

Mapp v. Ohio (1961) incorporated the exclusionary rule against the states, requiring suppression of evidence obtained through unconstitutional searches.

Question 2

In contract law, the 'mirror image rule' requires that:

Accepted Answer

An acceptance must match the offer exactly without any modification

Answer

Under the mirror image rule, a purported acceptance that changes any term of the offer operates as a rejection and counteroffer.

Question 3

Which theory of adjudication holds that judges discover rather than create law, finding pre-existing legal answers in the system?

Accepted Answer

Legal formalism

Answer

Legal formalism treats law as a complete, logical system from which judges mechanically deduce correct answers.

Question 4

Under the Vienna Convention on the Law of Treaties, a state may invoke error as a ground for invalidating consent only if:

Accepted Answer

The error relates to a fact or situation assumed to exist at the time

Answer

Article 48 allows error as an invalidating ground only when it concerns a fact or situation the state assumed to exist at the time of conclusion.

Question 5

Which element distinguishes murder in the first degree from murder in the second degree under most US state statutes?

Accepted Answer

Premeditation and deliberation

Answer

First-degree murder typically requires proof that the killing was both premeditated and deliberate, showing advance planning.

LLM - Master of Laws Practice Test

LLM - Master of Laws Practice Test

LLM Master of Laws: Law and Justice 4