Law Legal Studies ยท Civics Polity
Legal Principles and Doctrines
2,539 Questions
Legal principles and doctrines establish the foundational rules of jurisprudence and civil rights. Questions cover constitutional reasonable restrictions, courtroom evidence standards, and property laws. These topics are strictly necessary for law legal studies exams and judicial services prelims.
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Legal Principles and Doctrines Questions
When is substantial evidence review used?
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When a court is reviewing a decision of a lower court that involves a question of law.
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When a court is reviewing a decision of a lower court that involves a question of fact.
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When a court is reviewing a decision of an administrative agency.
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When a court is reviewing a decision of a jury.
B
Correct answer
Explanation
Substantial evidence review is used when a court is reviewing a decision of a lower court that involves a question of fact. This means that the court will uphold the lower court's decision if there is substantial evidence in the record to support it.
What is the standard of review for a jury verdict?
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De novo review
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Plenary review
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Abuse of discretion review
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Substantial evidence review
C
Correct answer
Explanation
The standard of review for a jury verdict is abuse of discretion review. This means that the court will uphold the jury's verdict unless it finds that the jury abused its discretion.
Which of the following is not a standard of review?
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De novo review
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Plenary review
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Abuse of discretion review
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Clearly erroneous review
D
Correct answer
Explanation
Clearly erroneous review is not a standard of review. It is a term used to describe a court's finding that a lower court's decision was not supported by the evidence.
What is the term used to describe a judge's immunity from civil liability for actions taken in their official capacity?
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Judicial Immunity
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Judicial Discretion
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Judicial Precedent
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Judicial Review
A
Correct answer
Explanation
Judicial immunity protects judges from civil liability for actions taken in their official capacity, allowing them to make decisions without fear of personal consequences.
What is the term used to describe a judge's ability to determine the admissibility of evidence in a legal case?
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Judicial Evidence
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Judicial Review
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Judicial Precedent
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Judicial Discretion
A
Correct answer
Explanation
Judicial evidence refers to a judge's ability to determine the admissibility and relevance of evidence presented in a legal case, ensuring that only relevant and reliable evidence is considered in the decision-making process.
What is the parol evidence rule?
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A rule that prohibits the introduction of extrinsic evidence to vary or contradict the terms of a written contract.
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A rule that allows the introduction of extrinsic evidence to clarify the meaning of a contract.
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A rule that requires the parties to a contract to disclose all material facts to each other.
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A rule that prohibits the parties to a contract from entering into subsequent agreements that modify the original contract.
A
Correct answer
Explanation
The parol evidence rule prohibits the introduction of extrinsic evidence to vary or contradict the terms of a written contract, unless the extrinsic evidence is offered to show that the contract was void, voidable, or unenforceable.
Which of the following is NOT a fundamental principle of due process?
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Notice of charges
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Right to counsel
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Right to a speedy trial
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Right to remain silent
D
Correct answer
Explanation
The right to remain silent is not a fundamental principle of due process, but rather a privilege against self-incrimination.
What are the grounds for removing a judge from office in Laos?
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Misconduct
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Incompetence
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Corruption
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All of the above
D
Correct answer
Explanation
A judge in Laos can be removed from office for misconduct, incompetence, or corruption.
Who can appeal a decision of a lower court in Laos?
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The defendant
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The prosecutor
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The victim
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All of the above
D
Correct answer
Explanation
The defendant, the prosecutor, and the victim can all appeal a decision of a lower court in Laos.
What are the exceptions to the doctrine of exhaustion of administrative remedies?
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When the administrative agency has acted illegally.
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When the administrative agency has acted unconstitutionally.
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When the administrative agency has acted arbitrarily or capriciously.
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All of the above.
Correct answer
Explanation
The exceptions to the doctrine of exhaustion of administrative remedies include when the administrative agency has acted illegally, unconstitutionally, or arbitrarily or capriciously.
What are the factors that courts consider when determining whether to require exhaustion of administrative remedies?
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The adequacy of the administrative agency's procedures.
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The availability of judicial review of the agency's decision.
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The potential for harm to the parties if they are required to exhaust their administrative remedies.
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All of the above.
Correct answer
Explanation
The factors that courts consider when determining whether to require exhaustion of administrative remedies include the adequacy of the administrative agency's procedures, the availability of judicial review of the agency's decision, and the potential for harm to the parties if they are required to exhaust their administrative remedies.
In what circumstances might a court waive the requirement of exhaustion of administrative remedies?
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When the administrative agency has acted illegally.
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When the administrative agency has acted unconstitutionally.
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When the administrative agency has acted arbitrarily or capriciously.
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All of the above.
Correct answer
Explanation
A court might waive the requirement of exhaustion of administrative remedies when the administrative agency has acted illegally, unconstitutionally, or arbitrarily or capriciously.
What are some of the criticisms of the doctrine of exhaustion of administrative remedies?
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It can delay judicial review of important issues.
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It can give the administrative agency too much power.
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It can be difficult to apply in practice.
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All of the above.
Correct answer
Explanation
Some of the criticisms of the doctrine of exhaustion of administrative remedies include that it can delay judicial review of important issues, it can give the administrative agency too much power, and it can be difficult to apply in practice.
Which of the following is NOT an element of actus reus?
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Voluntariness
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Causation
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Concurrence
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Result
B
Correct answer
Explanation
Causation is not an element of actus reus, but rather an element of the more general concept of criminal liability.
What is the term for the requirement that an act and a result must occur at the same time and in close proximity?
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Actus reus
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Mens rea
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Causation
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Concurrence
D
Correct answer
Explanation
Concurrence is the requirement that an act and a result must occur at the same time and in close proximity.