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
Under the Federal Rules of Civil Procedure, what is the standard time limit for a defendant to respond to a complaint after being served?
Answer: 21 days
FRCP Rule 12(a)(1)(A) generally requires a defendant to serve an answer within 21 days after being served with the summons and complaint.
What is the legal concept of 'stare decisis' and why is it important in the U.S. legal system?
Answer: It obligates courts to follow precedent from prior decisions to ensure consistency and predictability
Stare decisis ('to stand by things decided') requires courts to follow precedent from earlier decisions, promoting stability, predictability, and equal treatment under the law.
Which remedy is typically available in equity but NOT at common law?
Answer: Specific performance
Specific performance, which orders a party to fulfill their contractual obligations, is an equitable remedy awarded when monetary damages are inadequate, such as in real estate contracts.
What is 'voir dire' in the context of a jury trial?
Answer: The process of questioning prospective jurors to determine their suitability to serve
Voir dire is the process by which attorneys and the judge question prospective jurors to identify bias or prejudice that would disqualify them from serving on the jury.
Under the Fourth Amendment, which exception allows law enforcement to search a vehicle without a warrant based on probable cause alone?
Answer: Automobile exception
The automobile exception, established in Carroll v. United States, allows warrantless searches of vehicles when officers have probable cause to believe the vehicle contains evidence of a crime.
What does the term 'tortfeasor' mean in civil litigation?
Answer: A person who commits a tort (civil wrong)
A tortfeasor is a person or entity that commits a tort — a civil wrong that causes harm or injury to another — and may be held liable for damages.
What is the significance of the 'parol evidence rule' in contract law?
Answer: It generally bars evidence of prior oral agreements that contradict or vary the terms of a fully integrated written contract
The parol evidence rule prevents parties from introducing prior or contemporaneous oral or written statements to contradict, vary, or add to the terms of a complete, final written contract.