NALA Substantive Law & Legal Procedures 2 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure, how many days does a defendant generally have to serve an answer after being served with a summons and complaint?
- 14 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct answer: 21 days
FRCP Rule 12(a)(1)(A)(i) gives a defendant 21 days after being served to file and serve an answer.
Question 2: Which doctrine holds that a person who comes to equity must come with clean hands?
- Laches
- Unclean hands (Correct answer)
- Estoppel
- Waiver
Correct answer: Unclean hands
The 'unclean hands' (or 'clean hands') doctrine bars equitable relief to a party who has acted inequitably in the matter at issue.
Question 3: In criminal law, what is the legal term for a false statement of fact made knowingly, with intent to deceive, that causes financial harm?
- Forgery
- Perjury
- Fraud (Correct answer)
- Embezzlement
Correct answer: Fraud
Fraud requires a knowing misrepresentation of a material fact, intent to induce reliance, actual reliance, and resulting damages.
Question 4: Which type of jurisdiction allows a court to hear a case first, before any other court?
- Appellate jurisdiction
- Original jurisdiction (Correct answer)
- Concurrent jurisdiction
- Exclusive jurisdiction
Correct answer: Original jurisdiction
Original jurisdiction is the authority to hear a case at its inception, as opposed to appellate jurisdiction which reviews decisions of lower courts.
Question 5: A testator who lacks the mental capacity to understand the nature of a will, the extent of their property, and the natural objects of their bounty is said to lack:
- Testamentary intent
- Testamentary capacity (Correct answer)
- Testamentary formality
- Testamentary standing
Correct answer: Testamentary capacity
Testamentary capacity requires the testator to understand the nature of making a will, the nature and extent of their property, and who their natural heirs are.
Question 6: Under contract law, which element distinguishes a bilateral contract from a unilateral contract?
- The presence of consideration
- Whether both parties exchange promises or only one party makes a promise in exchange for an act (Correct answer)
- Whether the contract is written or oral
- The number of parties involved
Correct answer: Whether both parties exchange promises or only one party makes a promise in exchange for an act
A bilateral contract involves mutual promises (promise for a promise), while a unilateral contract involves a promise in exchange for performance of an act.
Question 7: Which constitutional amendment protects against unreasonable searches and seizures by the government?
- Fourth Amendment (Correct answer)
- Fifth Amendment
- Sixth Amendment
- Eighth Amendment
Correct answer: Fourth Amendment
The Fourth Amendment protects individuals from unreasonable searches and seizures and requires probable cause for warrants.
NALA Substantive Law & Legal Procedures 2
Under the Federal Rules of Civil Procedure, how many days does a defendant generally have to serve an answer after being served with a summons and complaint?