PrepL Legal Principles and Foundations 2 — Questions and Answers
Question 1: Which legal doctrine holds that a later statute on the same subject supersedes an earlier one?
- Stare decisis
- Lex posterior derogat priori (Correct answer)
- Nemo dat quod non habet
- Res judicata
Correct 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.
Question 2: A contract clause that survives termination of the agreement is best described as:
- A conditions precedent clause
- A severability clause
- A survival clause (Correct answer)
- An indemnification clause
Correct answer: A survival clause
A survival clause explicitly specifies which contractual obligations remain in force after the contract ends.
Question 3: Under U.S. constitutional law, which level of scrutiny applies to laws that classify based on race?
- Rational basis
- Intermediate scrutiny
- Strict scrutiny (Correct answer)
- Heightened review
Correct answer: Strict scrutiny
Strict scrutiny is applied to race-based classifications, requiring the government to show a compelling interest and narrowly tailored means.
Question 4: What is the primary purpose of a statute of frauds?
- To punish fraudulent misrepresentation
- To require certain contracts to be in writing to be enforceable (Correct answer)
- To limit damages in fraud cases
- To define elements of criminal fraud
Correct 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.
Question 5: Which principle prevents a party from asserting a right that contradicts their prior conduct on which another party has relied?
- Collateral estoppel
- Equitable estoppel (Correct answer)
- Subrogation
- Novation
Correct 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.
Question 6: In U.S. administrative law, an agency's binding rule-making must generally comply with which federal statute?
- The Freedom of Information Act
- The Administrative Procedure Act (Correct answer)
- The Federal Register Act
- The Regulatory Flexibility Act
Correct answer: The Administrative Procedure Act
The Administrative Procedure Act (APA) sets the procedural requirements for federal agency rulemaking, adjudication, and judicial review.
Question 7: Which element distinguishes a bilateral contract from a unilateral contract?
- The number of parties involved
- Whether both parties exchange mutual promises (Correct answer)
- Whether consideration is monetary
- Whether the contract is written
Correct 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.
PrepL Legal Principles and Foundations 2
Which legal doctrine holds that a later statute on the same subject supersedes an earlier one?