LNAT Knowledge 3 — Questions and Answers
Question 1: Which principle requires that individuals be given notice and an opportunity to be heard before adverse government action?
- Habeas corpus
- Due process (Correct answer)
- Equal protection
- Sovereign immunity
Correct answer: Due process
Due process, guaranteed by the Fifth and Fourteenth Amendments, requires fair procedures before the government deprives someone of life, liberty, or property.
Question 2: In contract law, what is 'consideration'?
- The written terms of an agreement
- Something of value exchanged by each party (Correct answer)
- The signatures on a contract
- The legal capacity of the parties
Correct answer: Something of value exchanged by each party
Consideration is the mutual exchange of something of value (money, services, a promise) that makes a contract legally binding.
Question 3: What does the term 'habeas corpus' literally mean?
- You shall have the body (Correct answer)
- The right to remain silent
- Innocent until proven guilty
- Let the decision stand
Correct answer: You shall have the body
Habeas corpus (Latin: 'you shall have the body') is a writ requiring a person under arrest to be brought before a judge to determine if detention is lawful.
Question 4: Under the Human Rights Act 1998, which document's rights are incorporated into UK law?
- The UN Declaration of Human Rights
- The European Convention on Human Rights (Correct answer)
- The EU Charter of Fundamental Rights
- The Geneva Conventions
Correct answer: The European Convention on Human Rights
The Human Rights Act 1998 incorporates rights from the European Convention on Human Rights into domestic UK law, allowing individuals to enforce those rights in UK courts.
Question 5: Which Latin maxim means 'the thing speaks for itself' and is used in negligence cases?
- Caveat emptor
- Res ipsa loquitur (Correct answer)
- Volenti non fit injuria
- Ex turpi causa
Correct answer: Res ipsa loquitur
Res ipsa loquitur allows a claimant to infer negligence from the nature of an accident without proving specific acts, as the circumstances speak for themselves.
Question 6: What is the primary distinction between civil law and criminal law?
- Civil law involves written statutes; criminal law relies on case law
- Civil law resolves disputes between private parties; criminal law punishes offences against the state (Correct answer)
- Civil law is handled by federal courts; criminal law by state courts
- Civil law has higher burden of proof than criminal law
Correct answer: Civil law resolves disputes between private parties; criminal law punishes offences against the state
Civil law governs disputes between private individuals or entities and seeks remedies like damages, while criminal law involves the state prosecuting individuals for offences against society.
Question 7: In international law, what is 'jus cogens'?
- The right of states to make war
- Peremptory norms from which no derogation is permitted (Correct answer)
- Treaty obligations between allied states
- The principle of state sovereignty
Correct answer: Peremptory norms from which no derogation is permitted
Jus cogens (Latin: 'compelling law') refers to fundamental, non-derogable principles of international law, such as the prohibitions on genocide and slavery, that override all other treaties.
LNAT Knowledge 3
Which principle requires that individuals be given notice and an opportunity to be heard before adverse government action?