Practice Test Geeks(NALA) National Association of Legal Assistants Certification Practice Test
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U.S. Legal System Principles 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.

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  1. Which constitutional principle grants federal courts jurisdiction over disputes between citizens of different states?

    Answer: Diversity jurisdiction

    Diversity jurisdiction under Article III and 28 U.S.C. § 1332 allows federal courts to hear cases between citizens of different states when the amount in controversy exceeds $75,000.

  2. In U.S. civil procedure, what is the purpose of a 'demurrer' or its modern equivalent, the Rule 12(b)(6) motion?

    Answer: To dismiss a complaint that fails to state a legally sufficient claim

    A Rule 12(b)(6) motion to dismiss argues that even if all facts in the complaint are true, the plaintiff has not stated a claim upon which relief can be granted.

  3. What is the doctrine of 'res ipsa loquitur' primarily used to establish in tort law?

    Answer: That negligence can be inferred from the circumstances of an accident

    Res ipsa loquitur ('the thing speaks for itself') allows an inference of negligence when the accident is of a type that does not normally occur without negligence and was under the defendant's control.

  4. Under the U.S. Constitution, which branch of government has the exclusive authority to declare war?

    Answer: Congress

    Article I, Section 8 of the Constitution grants Congress the power to declare war, though the President serves as Commander-in-Chief of the armed forces.

  5. What legal concept describes the right of a higher court to review and correct decisions made by lower courts?

    Answer: Appellate jurisdiction

    Appellate jurisdiction is the power of a higher court to review the decisions of a lower court and affirm, reverse, or remand the case.

  6. Which amendment to the U.S. Constitution prohibits the government from compelling a person to be a witness against themselves in a criminal case?

    Answer: Fifth Amendment

    The Fifth Amendment's Self-Incrimination Clause protects individuals from being compelled in any criminal case to be a witness against themselves.

  7. In contract law, what is 'promissory estoppel' designed to prevent?

    Answer: Injustice when one party relies to their detriment on another's promise

    Promissory estoppel prevents injustice by enforcing a promise when the promisee reasonably relied on it to their detriment, even without formal consideration.