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
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A new trial is a trial that is held after the first trial has ended
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A new trial is a trial that is held before the first trial has ended
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A new trial is a trial that is held after the jury has reached a verdict
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A new trial is a trial that is held before the jury has reached a verdict
A
Correct answer
Explanation
A new trial is a trial that is held after the first trial has ended. This can occur when the judge believes that there was an error in the first trial.
What is a writ of certiorari?
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A writ of certiorari is a request to a higher court to review the decision of a lower court
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A writ of certiorari is a request to a lower court to review the decision of a higher court
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A writ of certiorari is a request to a court to review the decision of a jury
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A writ of certiorari is a request to a court to review the decision of a prosecutor
A
Correct answer
Explanation
A writ of certiorari is a request to a higher court to review the decision of a lower court. This can occur when the appellant believes that there was an error in the lower court's decision.
What is a writ of habeas corpus?
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A writ of habeas corpus is a request to a court to review the legality of a person's detention
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A writ of habeas corpus is a request to a court to review the legality of a person's conviction
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A writ of habeas corpus is a request to a court to review the legality of a person's sentence
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A writ of habeas corpus is a request to a court to review the legality of a person's execution
A
Correct answer
Explanation
A writ of habeas corpus is a request to a court to review the legality of a person's detention. This can occur when the petitioner believes that they are being held illegally.
Which of the following is not a defense to a negligence claim?
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Contributory negligence
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Assumption of risk
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Act of God
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Statute of limitations
D
Correct answer
Explanation
The statute of limitations is not a defense to a negligence claim. It is a legal principle that sets a time limit for filing a lawsuit.
What is the legal term for a person who witnesses an event that is relevant to a lawsuit?
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Plaintiff
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Defendant
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Victim
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Witness
D
Correct answer
Explanation
A witness is a person who witnesses an event that is relevant to a lawsuit.
Which of the following is NOT a factor that courts consider when determining the level of deference to give to an agency's decision?
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The agency's expertise in the relevant field
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The clarity and persuasiveness of the agency's reasoning
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The consistency of the agency's decision with past decisions
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The political views of the agency's decision-makers
D
Correct answer
Explanation
Courts do not consider the political views of the agency's decision-makers when determining the level of deference to give to an agency's decision. This is because the political views of the decision-makers are irrelevant to the merits of the agency's decision.
Which of the following is an example of a case where a court applied the substantial evidence standard of review to an agency's decision?
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Universal Camera Corp. v. NLRB
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Citizens to Preserve Overton Park, Inc. v. Volpe
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FCC v. Fox Television Stations, Inc.
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Motor Vehicle Mfrs. Ass'n of United States, Inc. v. State Farm Mut. Auto. Ins. Co.
A
Correct answer
Explanation
In Universal Camera Corp. v. NLRB, the Supreme Court held that courts must uphold an agency's decision if it is supported by substantial evidence, even if the court would have reached a different conclusion on the evidence.
Which of the following factors is NOT considered by courts when determining the level of deference to give to an agency's decision?
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The agency's expertise in the relevant field
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The clarity and persuasiveness of the agency's reasoning
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The consistency of the agency's decision with past decisions
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The political views of the agency's decision-makers
D
Correct answer
Explanation
Courts do not consider the political views of the agency's decision-makers when determining the level of deference to give to an agency's decision. This is because the political views of the decision-makers are irrelevant to the merits of the agency's decision.
Which of the following is NOT a ground for appeal in Thailand?
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Error of law
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Error of fact
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Newly discovered evidence
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Lack of jurisdiction
B
Correct answer
Explanation
Error of fact is not a ground for appeal in Thailand. Only errors of law, newly discovered evidence, and lack of jurisdiction can be appealed.
What is the rational basis standard of review used by courts to evaluate laws that do not discriminate on the basis of a suspect classification?
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Intermediate scrutiny
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Rational basis review
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Strict scrutiny
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De novo review
B
Correct answer
Explanation
Under rational basis review, a law that does not discriminate on the basis of a suspect classification must be rationally related to a legitimate government interest.
When should a taxpayer consider hiring a tax attorney?
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When the taxpayer owes a large amount of taxes
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When the taxpayer is facing an audit
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When the taxpayer is negotiating with the tax authority
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All of the above
D
Correct answer
Explanation
A taxpayer should consider hiring a tax attorney when they owe a large amount of taxes, when they are facing an audit, or when they are negotiating with the tax authority.
Can a trust be reformed or rescinded after it has been fully executed?
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Yes, if the mistake was discovered after the trust was fully executed
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No, a trust cannot be reformed or rescinded after it has been fully executed
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It depends on the jurisdiction
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It depends on the terms of the trust
C
Correct answer
Explanation
Whether a trust can be reformed or rescinded after it has been fully executed depends on the jurisdiction. Some jurisdictions allow reformation and rescission even after the trust has been fully executed, while others do not.
What is the burden of proof in an action for reformation or rescission of a trust?
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The plaintiff must prove that the mistake, fraud, undue influence, or illegality was material
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The plaintiff must prove that the mistake, fraud, undue influence, or illegality caused them harm
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Both of the above
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Neither of the above
C
Correct answer
Explanation
In an action for reformation or rescission of a trust, the plaintiff must prove that the mistake, fraud, undue influence, or illegality was material and that it caused them harm.
What are some of the defenses to an action for reformation or rescission of a trust?
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Laches
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Estoppel
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Unclean hands
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All of the above
D
Correct answer
Explanation
Some of the defenses to an action for reformation or rescission of a trust include laches, estoppel, and unclean hands.
What are the four main types of direct evidence?
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Testimony, documents, real evidence, and demonstrative evidence
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Testimony, documents, physical evidence, and electronic evidence
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Testimony, documents, real evidence, and circumstantial evidence
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Testimony, documents, demonstrative evidence, and circumstantial evidence
A
Correct answer
Explanation
The four main types of direct evidence are testimony, documents, real evidence, and demonstrative evidence.