Substantive Law & Legal Procedures Flashcards
7 cards from real NALA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Substantive Law & Legal Procedures flashcards as text
Under the Federal Rules of Civil Procedure, how many days does a defendant generally have to serve an answer after being served with a summons and complaint?
Answer: 21 days
FRCP Rule 12(a)(1)(A)(i) gives a defendant 21 days after being served to file and serve an answer.
Which doctrine holds that a person who comes to equity must come with clean hands?
Answer: Unclean hands
The 'unclean hands' (or 'clean hands') doctrine bars equitable relief to a party who has acted inequitably in the matter at issue.
In criminal law, what is the legal term for a false statement of fact made knowingly, with intent to deceive, that causes financial harm?
Answer: Fraud
Fraud requires a knowing misrepresentation of a material fact, intent to induce reliance, actual reliance, and resulting damages.
Which type of jurisdiction allows a court to hear a case first, before any other court?
Answer: Original jurisdiction
Original jurisdiction is the authority to hear a case at its inception, as opposed to appellate jurisdiction which reviews decisions of lower courts.
A testator who lacks the mental capacity to understand the nature of a will, the extent of their property, and the natural objects of their bounty is said to lack:
Answer: Testamentary capacity
Testamentary capacity requires the testator to understand the nature of making a will, the nature and extent of their property, and who their natural heirs are.
Under contract law, which element distinguishes a bilateral contract from a unilateral contract?
Answer: Whether both parties exchange promises or only one party makes a promise in exchange for an act
A bilateral contract involves mutual promises (promise for a promise), while a unilateral contract involves a promise in exchange for performance of an act.
Which constitutional amendment protects against unreasonable searches and seizures by the government?
Answer: Fourth Amendment
The Fourth Amendment protects individuals from unreasonable searches and seizures and requires probable cause for warrants.