Law Legal Studies ยท Civics Polity
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
Which legal document outlines the scope of practice for occupational therapists?
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Occupational Therapy Practice Act
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Occupational Therapy Code of Ethics
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Occupational Therapy Standards of Practice
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Occupational Therapy Licensure Exam
A
Correct answer
Explanation
The Occupational Therapy Practice Act is the legal document that outlines the scope of practice for occupational therapists. It defines the activities that occupational therapists are authorized to perform and the settings in which they can practice.
Who can bring a lawsuit under the EEA?
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The U.S. government
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Businesses that have been victimized by economic espionage
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Both of the above
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None of the above
C
Correct answer
Explanation
Both the U.S. government and businesses that have been victimized by economic espionage can bring lawsuits under the EEA.
What is the legal term for the right of a principal to terminate an agency relationship at any time, with or without cause?
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Revocation
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Rescission
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Termination
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Cancellation
A
Correct answer
Explanation
Revocation is the legal term for the right of a principal to terminate an agency relationship at any time, with or without cause.
What is the legal term for the implied authority of an agent to do all acts necessary or customary in carrying out their duties?
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Apparent Authority
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Implied Authority
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Express Authority
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Inherent Authority
B
Correct answer
Explanation
Implied authority is the legal term for the implied authority of an agent to do all acts necessary or customary in carrying out their duties.
What is the legal term for the authority of an agent that is created by the principal's words or conduct, leading a third party to reasonably believe that the agent has authority to act on their behalf?
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Apparent Authority
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Implied Authority
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Express Authority
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Inherent Authority
A
Correct answer
Explanation
Apparent authority is the legal term for the authority of an agent that is created by the principal's words or conduct, leading a third party to reasonably believe that the agent has authority to act on their behalf.
Which of the following is a potential remedy that a court may order in judicial review of an agency military decision?
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Injunction
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Declaratory judgment
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Mandamus
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All of the above
D
Correct answer
Explanation
In judicial review of an agency military decision, a court may order a variety of remedies, including injunctions, declaratory judgments, and writs of mandamus.
What is the doctrine of exhaustion of administrative remedies?
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The requirement that a party must exhaust all administrative remedies before seeking judicial review
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The requirement that a party must exhaust all judicial remedies before seeking administrative review
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The requirement that a party must exhaust all administrative remedies before seeking legislative review
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The requirement that a party must exhaust all judicial remedies before seeking legislative review
A
Correct answer
Explanation
The doctrine of exhaustion of administrative remedies requires a party to exhaust all administrative remedies before seeking judicial review of an agency decision.
Which of the following is an exception to the doctrine of exhaustion of administrative remedies?
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When the agency action is unconstitutional
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When the agency action is illegal
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When the agency action is arbitrary and capricious
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All of the above
D
Correct answer
Explanation
There are a number of exceptions to the doctrine of exhaustion of administrative remedies, including when the agency action is unconstitutional, illegal, or arbitrary and capricious.
What is the doctrine of collateral estoppel?
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The doctrine that prevents a party from relitigating an issue that has already been decided in a prior lawsuit
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The doctrine that prevents a party from relitigating an issue that has already been decided in a prior administrative proceeding
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The doctrine that prevents a party from relitigating an issue that has already been decided in a prior arbitration
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All of the above
D
Correct answer
Explanation
The doctrine of collateral estoppel prevents a party from relitigating an issue that has already been decided in a prior lawsuit, administrative proceeding, or arbitration.
Which of the following is an example of a collateral estoppel defense?
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A defendant who has been acquitted of a crime cannot be tried again for the same crime
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A plaintiff who has lost a lawsuit cannot sue the same defendant again for the same cause of action
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A party who has lost an administrative proceeding cannot appeal the decision to a higher court
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All of the above
D
Correct answer
Explanation
All of the above are examples of collateral estoppel defenses.
What are some of the common grounds for contesting a will?
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Lack of testamentary capacity.
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Undue influence.
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Fraud.
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Forgery.
Correct answer
Explanation
The most common grounds for contesting a will are lack of testamentary capacity, undue influence, fraud, and forgery. Lack of testamentary capacity means that the testator did not have the mental capacity to make a will. Undue influence means that the testator was pressured or coerced into making the will. Fraud means that the testator was deceived into making the will. Forgery means that the will was not actually signed by the testator.
What are the potential outcomes of a probate contest?
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The will is upheld.
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The will is declared invalid.
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The will is partially upheld and partially declared invalid.
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The parties reach a settlement.
Correct answer
Explanation
The potential outcomes of a probate contest include the will being upheld, the will being declared invalid, the will being partially upheld and partially declared invalid, or the parties reaching a settlement. The outcome of the contest will depend on the evidence and arguments presented by the parties.
What are some of the factors that a court will consider when deciding whether to uphold or invalidate a will?
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The testator's mental capacity.
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The circumstances surrounding the execution of the will.
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The relationship between the testator and the beneficiaries.
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The testator's intent.
Correct answer
Explanation
When deciding whether to uphold or invalidate a will, a court will consider a number of factors, including the testator's mental capacity, the circumstances surrounding the execution of the will, the relationship between the testator and the beneficiaries, and the testator's intent.
What are the grounds for appealing a decision in Malaysia?
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Error of law
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Error of fact
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Miscarriage of justice
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All of the above
D
Correct answer
Explanation
The grounds for appealing a decision in Malaysia include error of law, error of fact, and miscarriage of justice.
What is the legal doctrine that prevents the introduction of extrinsic evidence to vary the terms of a written employment contract?
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The plain meaning rule.
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The parol evidence rule.
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The rule of contra proferentem.
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The doctrine of promissory estoppel.
B
Correct answer
Explanation
The parol evidence rule prevents the introduction of extrinsic evidence, such as prior negotiations or oral agreements, to vary the terms of a written employment contract.