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
What are some of the recent trends in procedural due process in administrative proceedings?
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The increasing use of technology in administrative proceedings
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The growing emphasis on public participation in administrative proceedings
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The increasing awareness of procedural due process rights by individuals
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All of the above
D
Correct answer
Explanation
The increasing use of technology in administrative proceedings, the growing emphasis on public participation in administrative proceedings, and the increasing awareness of procedural due process rights by individuals are all recent trends in procedural due process in administrative proceedings.
What are the grounds for the appointment of a guardian of a minor?
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The minor's parents are deceased.
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The minor's parents are unable or unwilling to serve as guardians.
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The minor is mentally incompetent.
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All of the above.
D
Correct answer
Explanation
The grounds for the appointment of a guardian of a minor include the following: the minor's parents are deceased, the minor's parents are unable or unwilling to serve as guardians, the minor is mentally incompetent, and the minor is abandoned or neglected.
Which of the following is NOT a factor that courts consider when determining the reasonableness of legal fees?
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The attorney's experience and reputation
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The complexity of the case
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The amount of time spent on the case
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The outcome of the case
D
Correct answer
Explanation
Courts typically do not consider the outcome of the case when determining the reasonableness of legal fees.
What are the limitations on the RFRA?
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It does not apply to laws that are necessary to protect public health or safety
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It does not apply to laws that are necessary to prevent fraud or abuse
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It does not apply to laws that are necessary to promote national security
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All of the above
D
Correct answer
Explanation
The limitations on the RFRA include laws that are necessary to protect public health or safety, laws that are necessary to prevent fraud or abuse, and laws that are necessary to promote national security.
The President has the power to grant pardons and reprieves for federal crimes. This power does NOT extend to:
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Impeachment
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Treason
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Bribery
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All of the above
A
Correct answer
Explanation
The President cannot pardon someone who has been impeached by Congress.
What are the grounds for appealing a decision in Papua New Guinea?
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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 Papua New Guinea include error of law, error of fact, and miscarriage of justice.
What is the general rule regarding preservation of error in appellate law?
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Errors not properly preserved in the trial court cannot be raised on appeal.
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Errors are automatically preserved for appeal.
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Errors can be preserved by filing a notice of appeal.
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Errors can be preserved by objecting to the error at trial.
A
Correct answer
Explanation
The general rule is that errors not properly preserved in the trial court cannot be raised on appeal. This means that the appellant must take steps to bring the error to the attention of the trial court and give the trial court an opportunity to correct the error.
What are the most common ways to preserve error for appellate review?
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Filing a motion for a new trial
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Objecting to the error at trial
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Including the error in the notice of appeal
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All of the above
D
Correct answer
Explanation
The most common ways to preserve error for appellate review are filing a motion for a new trial, objecting to the error at trial, and including the error in the notice of appeal.
What are the requirements for a proper objection?
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It must be specific
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It must be timely
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It must be made on the record
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All of the above
D
Correct answer
Explanation
The requirements for a proper objection are that it must be specific, timely, and made on the record.
What is the effect of failing to object to an error at trial?
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The error is waived and cannot be raised on appeal.
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The error is preserved for appellate review.
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The error is subject to harmless error analysis.
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None of the above
A
Correct answer
Explanation
The effect of failing to object to an error at trial is that the error is waived and cannot be raised on appeal.
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An error that is obvious and affects the substantial rights of the appellant.
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An error that is preserved for appellate review.
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An error that is waived by the appellant.
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None of the above
A
Correct answer
Explanation
Plain error is an error that is obvious and affects the substantial rights of the appellant.
What are the grounds for a motion for a new trial?
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Errors of law
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Errors of fact
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Newly discovered evidence
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All of the above
D
Correct answer
Explanation
The grounds for a motion for a new trial are errors of law, errors of fact, and newly discovered evidence.
What are the grounds for a motion for judgment notwithstanding the verdict?
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The evidence is insufficient to support the verdict
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The verdict is against the weight of the evidence
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There is a legal error in the instructions to the jury
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All of the above
D
Correct answer
Explanation
The grounds for a motion for judgment notwithstanding the verdict are that the evidence is insufficient to support the verdict, the verdict is against the weight of the evidence, and there is a legal error in the instructions to the jury.
What is the standard of review for a motion for a new trial?
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Abuse of discretion
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De novo review
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Plain error
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None of the above
A
Correct answer
Explanation
The standard of review for a motion for a new trial is abuse of discretion.
What is the standard of review for a motion for judgment notwithstanding the verdict?
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De novo review
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Plain error
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Abuse of discretion
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None of the above
A
Correct answer
Explanation
The standard of review for a motion for judgment notwithstanding the verdict is de novo review.