NALA U.S. Legal System Principles Questions and Answers 1

Question 1

Which of the following BEST describes the principle of stare decisis?

Accepted Answer

The doctrine that requires courts to follow historical cases and precedents when making a ruling on a similar current case.

Answer

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?

Accepted Answer

Diversity jurisdiction

Answer

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?

Accepted Answer

The District Court

Answer

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?

Accepted Answer

Legal encyclopedias and treatises

Answer

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?

Accepted Answer

Preponderance of the evidence

Answer

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.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA U.S. Legal System Principles Questions and Answers 1