NALA Substantive Law & Legal Procedures 3 — Questions and Answers
Question 1: In tort law, which element must a plaintiff prove in a negligence per se claim?
- That the defendant acted intentionally
- That the defendant violated a statute designed to protect the plaintiff's class from the type of harm suffered (Correct answer)
- That the defendant had a fiduciary duty to the plaintiff
- That the plaintiff suffered punitive damages
Correct answer: That the defendant violated a statute designed to protect the plaintiff's class from the type of harm suffered
Negligence per se applies when a defendant violates a statute designed to protect the class of persons the plaintiff belongs to from the specific type of harm that occurred.
Question 2: What is the term for property that passes outside of probate directly to a named beneficiary upon the owner's death?
- Intestate property
- Non-probate property (Correct answer)
- Residuary property
- Specific bequest
Correct answer: Non-probate property
Non-probate property, such as life insurance proceeds and jointly held property with right of survivorship, transfers directly to beneficiaries without going through probate.
Question 3: Under the UCC, the 'battle of the forms' provision applies to contracts between merchants and addresses situations where:
- Two merchants disagree on price
- Acceptance contains different or additional terms from the offer (Correct answer)
- A merchant refuses to honor a written contract
- The goods are non-conforming upon delivery
Correct answer: Acceptance contains different or additional terms from the offer
UCC § 2-207 addresses the 'battle of the forms' where acceptance or confirmation adds or changes terms from the original offer in merchant-to-merchant transactions.
Question 4: Which type of easement arises by implication when a property is divided and a portion becomes landlocked?
- Easement by prescription
- Easement by necessity (Correct answer)
- Easement by estoppel
- Express easement
Correct answer: Easement by necessity
An easement by necessity arises when land is conveyed in a way that leaves a parcel with no access to a public road, implying a right of way over the grantor's retained land.
Question 5: In criminal procedure, a 'Batson challenge' is used to object to:
- Hearsay evidence offered at trial
- The use of peremptory strikes to exclude jurors based on race (Correct answer)
- An illegally obtained confession
- Prosecutorial misconduct during closing argument
Correct answer: The use of peremptory strikes to exclude jurors based on race
A Batson challenge (from Batson v. Kentucky) allows a party to object when the opposing party uses peremptory challenges to exclude jurors on the basis of race.
Question 6: What is the legal term for the court order that transfers a judgment debtor's wages directly to a creditor?
- Attachment
- Garnishment (Correct answer)
- Lien
- Levy
Correct answer: Garnishment
Wage garnishment is a court-ordered process where a creditor collects a debt by directing the debtor's employer to withhold a portion of the debtor's wages.
Question 7: Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to how many weeks of unpaid leave per year?
- 6 weeks
- 8 weeks
- 12 weeks (Correct answer)
- 16 weeks
Correct answer: 12 weeks
The FMLA entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons.
NALA Substantive Law & Legal Procedures 3
In tort law, which element must a plaintiff prove in a negligence per se claim?