NALA U.S. Legal System Principles Questions and Answers 1 — Questions and Answers
Question 1: Which of the following BEST describes the principle of stare decisis?
- The court's authority over the parties involved in a lawsuit.
- The process of selecting a jury for a trial.
- The doctrine that requires courts to follow historical cases and precedents when making a ruling on a similar current case. (Correct answer)
- A motion to dismiss a case due to lack of evidence.
Correct answer: The doctrine that requires courts to follow historical cases and precedents when making a ruling on a similar current case.
Stare decisis is a Latin term meaning 'to stand by things decided.' It is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar case. This principle ensures that the law is predictable, consistent, and stable.
Question 2: A plaintiff from California files a lawsuit in federal court against a defendant from Arizona for $80,000, alleging a breach of contract. On what basis can the federal court most likely exercise subject-matter jurisdiction?
- Federal question jurisdiction
- Diversity jurisdiction (Correct answer)
- Pendent jurisdiction
- Personal jurisdiction
Correct answer: Diversity jurisdiction
Diversity jurisdiction allows federal courts to hear civil cases where the parties are citizens of different states and the amount in controversy exceeds $75,000. This case meets both criteria, as the plaintiff and defendant are from different states and the amount exceeds the statutory minimum.
Question 3: In the U.S. federal court system, which court is the primary trial court with the authority to hear both civil and criminal cases?
- The Supreme Court
- The Court of Appeals
- The District Court (Correct answer)
- The Bankruptcy Court
Correct answer: The District Court
The United States District Courts are the general trial courts of the federal court system. They have jurisdiction to hear nearly all categories of federal cases, both civil and criminal. The Courts of Appeals hear appeals from the district courts, and the Supreme Court is the final level of appeal.
Question 4: Which of the following is NOT considered a primary source of law in the United States?
- The U.S. Constitution
- Statutes enacted by Congress
- Legal encyclopedias and treatises (Correct answer)
- Case law from judicial decisions
Correct answer: Legal encyclopedias and treatises
Primary sources of law establish the law itself. These include constitutions, statutes, administrative regulations, and case law. Legal encyclopedias, treatises, and law review articles are considered secondary sources; they explain and analyze the law but are not the law itself.
Question 5: A company is sued for negligence after a customer slips and falls on a wet floor in their store. To win the case, what is the standard of proof the plaintiff's attorney must typically meet in this civil action?
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (Correct answer)
- Probable cause
Correct answer: Preponderance of the evidence
In most civil cases, such as a negligence lawsuit, the plaintiff has the burden of proving their case by a 'preponderance of the evidence.' This standard means showing that it is more likely than not (greater than 50% chance) that the defendant's actions caused the plaintiff's harm. The 'beyond a reasonable doubt' standard is used in criminal cases.
Question 6: A court's power over a specific type of case (e.g., bankruptcy, family law) is referred to as:
- Personal jurisdiction
- In rem jurisdiction
- Venue
- Subject-matter jurisdiction (Correct answer)
Correct answer: Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or those relating to a specific subject. For example, bankruptcy courts have subject-matter jurisdiction exclusively over bankruptcy cases. Personal jurisdiction, in contrast, is the court's power over the parties in the case.
NALA U.S. Legal System Principles Questions and Answers 1
Which of the following BEST describes the principle of stare decisis?