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
What is the primary difference between 'assault' and 'battery' in U.S. tort law?
Answer: Battery requires physical contact; assault requires only reasonable apprehension of imminent harmful contact
In tort law, assault is the intentional act causing reasonable apprehension of imminent harmful contact, while battery is the actual intentional harmful or offensive contact with another person.
Under the Supremacy Clause of the U.S. Constitution, what happens when a valid federal law conflicts with a state law?
Answer: The federal law preempts the state law
The Supremacy Clause (Article VI, Clause 2) establishes that the Constitution and federal laws are the 'supreme Law of the Land,' preempting any conflicting state law.
What is 'subrogation' in the context of insurance and civil law?
Answer: The right of an insurer who has paid a claim to step into the shoes of the insured and recover from the responsible party
Subrogation allows an insurer that has compensated its insured for a loss to assert the insured's rights against the third party who caused the loss.
Which of the following best describes 'habeas corpus' in U.S. law?
Answer: A writ requiring a person in custody to be brought before a court to determine whether detention is lawful
A writ of habeas corpus ('you shall have the body') requires a court to examine the legality of a person's detention or imprisonment and is a fundamental protection against unlawful custody.
In legal ethics governing paralegals, what does 'unauthorized practice of law' (UPL) generally prohibit a paralegal from doing?
Answer: Giving legal advice, representing clients in court, or setting legal fees independently
UPL prohibits paralegals from performing tasks reserved for licensed attorneys — primarily giving legal advice, representing clients in court, and setting fees — without attorney supervision.
What is the 'business judgment rule' in corporate law?
Answer: A presumption that corporate directors acted in good faith and in the best interests of the corporation when making business decisions
The business judgment rule protects corporate directors from personal liability for decisions made in good faith, with due care, and in the honest belief that the action was in the corporation's best interest.
Under U.S. constitutional law, what is the 'void for vagueness' doctrine?
Answer: A principle that a law is unconstitutional if it fails to give fair notice of what conduct is prohibited
The void for vagueness doctrine holds that a criminal law violates due process if it is so unclear that an ordinary person cannot understand what conduct is prohibited or it invites arbitrary enforcement.