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Legal Principles and Doctrines

2,603 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

Multiple choice

What is a non-unanimous verdict?

  1. A verdict that is reached by all of the jurors

  2. A verdict that is reached by a majority of the jurors

  3. A verdict that is reached by the judge

  4. A verdict that is reached by the prosecutor
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

A non-unanimous verdict is a verdict that is reached by a majority of the jurors. This is allowed in some civil trials.

Multiple choice

What is a directed verdict of acquittal?

  1. A verdict that is ordered by the judge without the jury deliberating

  2. A verdict that is reached by the jury after deliberating

  3. A verdict that is reached by the judge and jury together

  4. A verdict that is reached by the defendant and the prosecutor
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

A directed verdict of acquittal is a verdict that is ordered by the judge without the jury deliberating. This can occur when the judge believes that there is insufficient evidence to support a conviction.

Multiple choice

What is a judgment notwithstanding the verdict?

  1. A verdict that is ordered by the judge after the jury has reached a verdict

  2. A verdict that is reached by the jury after deliberating

  3. A verdict that is reached by the judge and jury together

  4. A verdict that is reached by the defendant and the prosecutor
Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

A judgment notwithstanding the verdict is a verdict that is ordered by the judge after the jury has reached a verdict. This can occur when the judge believes that the jury's verdict is not supported by the evidence.

Multiple choice

What is a new trial?

  1. A new trial is a trial that is held after the first trial has ended

  2. A new trial is a trial that is held before the first trial has ended

  3. A new trial is a trial that is held after the jury has reached a verdict

  4. A new trial is a trial that is held before the jury has reached a verdict
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

What is a writ of certiorari?

  1. A writ of certiorari is a request to a higher court to review the decision of a lower court

  2. A writ of certiorari is a request to a lower court to review the decision of a higher court

  3. A writ of certiorari is a request to a court to review the decision of a jury

  4. A writ of certiorari is a request to a court to review the decision of a prosecutor
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

What is a writ of habeas corpus?

  1. A writ of habeas corpus is a request to a court to review the legality of a person's detention

  2. A writ of habeas corpus is a request to a court to review the legality of a person's conviction

  3. A writ of habeas corpus is a request to a court to review the legality of a person's sentence

  4. A writ of habeas corpus is a request to a court to review the legality of a person's execution
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

What is the legal term for a person who witnesses an event that is relevant to a lawsuit?

  1. Plaintiff

  2. Defendant

  3. Victim

  4. Witness
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

A witness is a person who witnesses an event that is relevant to a lawsuit.

Multiple choice

Which of the following is NOT a factor that courts consider when determining the level of deference to give to an agency's decision?

  1. The agency's expertise in the relevant field

  2. The clarity and persuasiveness of the agency's reasoning

  3. The consistency of the agency's decision with past decisions

  4. The political views of the agency's decision-makers
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

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?

  1. Universal Camera Corp. v. NLRB

  2. Citizens to Preserve Overton Park, Inc. v. Volpe

  3. FCC v. Fox Television Stations, Inc.

  4. Motor Vehicle Mfrs. Ass'n of United States, Inc. v. State Farm Mut. Auto. Ins. Co.
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

Which of the following factors is NOT considered by courts when determining the level of deference to give to an agency's decision?

  1. The agency's expertise in the relevant field

  2. The clarity and persuasiveness of the agency's reasoning

  3. The consistency of the agency's decision with past decisions

  4. The political views of the agency's decision-makers
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

Which of the following is NOT a ground for appeal in Thailand?

  1. Error of law

  2. Error of fact

  3. Newly discovered evidence

  4. Lack of jurisdiction
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

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?

  1. Intermediate scrutiny

  2. Rational basis review

  3. Strict scrutiny

  4. De novo review
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

When should a taxpayer consider hiring a tax attorney?

  1. When the taxpayer owes a large amount of taxes

  2. When the taxpayer is facing an audit

  3. When the taxpayer is negotiating with the tax authority

  4. All of the above
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

Can a trust be reformed or rescinded after it has been fully executed?

  1. Yes, if the mistake was discovered after the trust was fully executed

  2. No, a trust cannot be reformed or rescinded after it has been fully executed

  3. It depends on the jurisdiction

  4. It depends on the terms of the trust
Reveal answer Fill a bubble to check yourself
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.

Multiple choice

What is the burden of proof in an action for reformation or rescission of a trust?

  1. The plaintiff must prove that the mistake, fraud, undue influence, or illegality was material

  2. The plaintiff must prove that the mistake, fraud, undue influence, or illegality caused them harm

  3. Both of the above

  4. Neither of the above
Reveal answer Fill a bubble to check yourself
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.