Legal Principles and Foundations Flashcards

Which legal doctrine holds that a later statute on the same subject supersedes an earlier one?

Answer: Lex posterior derogat priori

The doctrine 'lex posterior derogat priori' means a later law repeals or overrides an earlier conflicting law on the same subject.

A contract clause that survives termination of the agreement is best described as:

Answer: A survival clause

A survival clause explicitly specifies which contractual obligations remain in force after the contract ends.

Under U.S. constitutional law, which level of scrutiny applies to laws that classify based on race?

Answer: Strict scrutiny

Strict scrutiny is applied to race-based classifications, requiring the government to show a compelling interest and narrowly tailored means.

What is the primary purpose of a statute of frauds?

Answer: To require certain contracts to be in writing to be enforceable

The statute of frauds requires specific categories of contracts—such as real estate sales and agreements lasting over one year—to be evidenced by a signed writing.

Which principle prevents a party from asserting a right that contradicts their prior conduct on which another party has relied?

Answer: Equitable estoppel

Equitable estoppel bars a party from taking a legal position inconsistent with prior behavior when another party detrimentally relied on that behavior.

In U.S. administrative law, an agency's binding rule-making must generally comply with which federal statute?

Answer: The Administrative Procedure Act

The Administrative Procedure Act (APA) sets the procedural requirements for federal agency rulemaking, adjudication, and judicial review.

Which element distinguishes a bilateral contract from a unilateral contract?

Answer: Whether both parties exchange mutual promises

A bilateral contract involves mutual promises from both parties, while a unilateral contract is formed only when one party performs the requested act.