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
What are some of the rules that are in place to prevent members from abusing the rules of floor debate?
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Time limits on speeches, limits on the number of amendments that can be offered, and rules against personal attacks and offensive language.
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Requirements for members to address the presiding officer, rules against speaking on topics that are not relevant to the proposed bill or resolution, and rules against making false or misleading statements.
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All of the above.
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None of the above.
C
Correct answer
Explanation
There are a number of rules in place to prevent members from abusing the rules of floor debate. These rules include time limits on speeches, limits on the number of amendments that can be offered, rules against personal attacks and offensive language, requirements for members to address the presiding officer, rules against speaking on topics that are not relevant to the proposed bill or resolution, and rules against making false or misleading statements.
What is the harmless error standard of review?
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An appellate court will review the entire record of the case and make its own findings of fact and conclusions of law.
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An appellate court will only review the issues that were raised in the appellant's brief.
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An appellate court will only review the issues that were raised in the appellee's brief.
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An appellate court will only review the issues that were raised in both the appellant's and appellee's briefs.
A
Correct answer
Explanation
The harmless error standard of review is an appellate court's review of the entire record of the case and making its own findings of fact and conclusions of law.
In what circumstances might a court appoint a guardian for an individual with substance abuse issues?
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When the individual is unable to manage their own affairs due to their substance abuse
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When the individual poses a danger to themselves or others due to their substance abuse
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When the individual has been convicted of a crime related to their substance abuse
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All of the above
D
Correct answer
Explanation
A court may appoint a guardian for an individual with substance abuse issues in a variety of circumstances, including when the individual is unable to manage their own affairs due to their substance abuse, when the individual poses a danger to themselves or others due to their substance abuse, and when the individual has been convicted of a crime related to their substance abuse.
What are the two types of pleas that a defendant can enter?
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Guilty and not guilty
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Innocent and no contest
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True and false
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Yes and no
A
Correct answer
Explanation
The two types of pleas that a defendant can enter are guilty and not guilty.
What is the burden of proof in a criminal trial?
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The prosecution must prove beyond a reasonable doubt that the defendant is guilty
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The defendant must prove that they are innocent
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The jury must decide who has the better case
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The judge must decide who is more credible
A
Correct answer
Explanation
The burden of proof in a criminal trial is on the prosecution. The prosecution must prove beyond a reasonable doubt that the defendant is guilty.
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A jury that cannot reach a unanimous verdict
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A jury that is deadlocked
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A jury that is unable to agree on a verdict
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All of the above
D
Correct answer
Explanation
A hung jury is a jury that cannot reach a unanimous verdict.
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A trial that is declared invalid
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A trial that is stopped before a verdict is reached
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A trial that is restarted with a new jury
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All of the above
D
Correct answer
Explanation
A mistrial is a trial that is declared invalid.
What happens if a mistrial is declared?
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The defendant is released from jail
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The charges against the defendant are dropped
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The defendant is retried
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All of the above
C
Correct answer
Explanation
If a mistrial is declared, the defendant is retried.
What is the hearsay rule?
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A rule that prohibits the admission of out-of-court statements that are offered to prove the truth of the matter asserted.
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A rule that prohibits the admission of evidence that is not relevant to the case.
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A rule that prohibits the admission of evidence that is prejudicial to one of the parties.
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A rule that prohibits the admission of evidence that is obtained illegally.
A
Correct answer
Explanation
The hearsay rule is a rule of evidence that prohibits the admission of out-of-court statements that are offered to prove the truth of the matter asserted.
What are the exceptions to the hearsay rule?
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Excited utterances
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Present sense impressions
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Dying declarations
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All of the above
D
Correct answer
Explanation
The exceptions to the hearsay rule include excited utterances, present sense impressions, dying declarations, and a number of other specific exceptions.
What is the best evidence rule?
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A rule that requires the production of the original document or recording.
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A rule that requires the production of the best available evidence.
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A rule that prohibits the production of evidence that is not relevant to the case.
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A rule that prohibits the production of evidence that is prejudicial to one of the parties.
A
Correct answer
Explanation
The best evidence rule is a rule of evidence that requires the production of the original document or recording, rather than a copy or other secondary evidence.
What is the parol evidence rule?
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A rule that prohibits the admission of evidence that contradicts the terms of a written contract.
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A rule that prohibits the admission of evidence that adds to the terms of a written contract.
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A rule that prohibits the admission of evidence that varies the terms of a written contract.
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All of the above
D
Correct answer
Explanation
The parol evidence rule is a rule of evidence that prohibits the admission of evidence that contradicts, adds to, or varies the terms of a written contract.
What is the doctrine of res judicata?
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A doctrine that prevents a party from relitigating a case that has already been decided.
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A doctrine that prevents a party from appealing a case that has already been decided.
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A doctrine that prevents a party from seeking a new trial in a case that has already been decided.
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A doctrine that prevents a party from seeking a writ of certiorari in a case that has already been decided.
A
Correct answer
Explanation
The doctrine of res judicata is a doctrine that prevents a party from relitigating a case that has already been decided.
What is the doctrine of collateral estoppel?
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A doctrine that prevents a party from relitigating an issue that has already been decided in a previous case.
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A doctrine that prevents a party from appealing a case that has already been decided.
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A doctrine that prevents a party from seeking a new trial in a case that has already been decided.
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A doctrine that prevents a party from seeking a writ of certiorari in a case that has already been decided.
A
Correct answer
Explanation
The doctrine of collateral estoppel is a doctrine that prevents a party from relitigating an issue that has already been decided in a previous case.
What is the significance of a complaint in Civil Procedure?
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It initiates the civil lawsuit and sets forth the plaintiff's claims against the defendant
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It is a written response to the plaintiff's complaint, presenting the defendant's side of the case
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It is a court order that compels the defendant to take or refrain from taking certain actions
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It is a legal document that transfers ownership of property from one party to another
A
Correct answer
Explanation
The complaint is the document that formally commences a civil lawsuit. It outlines the plaintiff's allegations, the legal basis for their claims, and the specific relief they are seeking from the court.