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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.

Read the first 7 U.S. Legal System Principles flashcards as text

  1. What is the primary function of an 'amicus curiae' brief in appellate litigation?

    Answer: To provide the court with information or arguments from a non-party with an interest in the case

    An amicus curiae ('friend of the court') brief is filed by a third party not directly involved in the case to provide the court with relevant information or legal arguments.

  2. Under the Uniform Commercial Code (UCC), which article governs the sale of goods?

    Answer: Article 2

    UCC Article 2 governs contracts for the sale of goods, distinguishing goods (movable personal property) from real property and services.

  3. Which legal doctrine holds that a person cannot benefit from their own wrongdoing?

    Answer: Unclean hands

    The 'unclean hands' doctrine is an equitable defense that bars a plaintiff from obtaining equitable relief if they have acted unethically in relation to the matter at issue.

  4. What constitutional provision requires that each state give 'Full Faith and Credit' to the public acts, records, and judicial proceedings of other states?

    Answer: Article IV, Section 1

    Article IV, Section 1 of the U.S. Constitution's Full Faith and Credit Clause requires states to recognize and respect the laws and court judgments of other states.

  5. In criminal law, what distinguishes 'specific intent' crimes from 'general intent' crimes?

    Answer: Specific intent crimes require proof that the defendant intended a particular consequence beyond the act itself

    Specific intent crimes require the prosecution to prove the defendant had a subjective desire to achieve a specific result (e.g., theft requires intent to permanently deprive), while general intent only requires intent to perform the act.

  6. What is a 'writ of mandamus' used for in legal practice?

    Answer: To compel a lower court or public official to perform a non-discretionary legal duty

    A writ of mandamus is an order from a higher court commanding a lower court, government official, or agency to perform a duty required by law.

  7. Which type of agency relationship is created when a principal's words or conduct reasonably lead a third party to believe an agent has authority?

    Answer: Apparent authority

    Apparent authority (also called ostensible authority) arises from the principal's representations to third parties that make it reasonable for them to believe the agent is authorized to act.