JD Next Practice Exam Questions
and Answers Latest Versions Top
Rated A+
What is acceptance in contract law?
Assent to the terms of an offer.
How must acceptance be judged?
Objectively.
Can acceptance be expressed or implied?
Yes, it can be either expressly stated or implied by the offeree's conduct.
What is required for acceptance to form a binding contract?
Acceptance should be relayed in a manner authorized, requested, or at
least reasonably expected by the offeror.
Accruing
To be added as a matter of periodic gain or advantage, as interest on
money.
What does the term 'affirm' generally mean in a legal context?
To confirm or ratify.
What happens when an appellate court affirms a ruling?
The court agrees that the prior ruling was valid and must stand as
rendered.
In what context do courts and administrative boards use the term
'affirm'?
To mean 'approve'.
What choice do government officials and witnesses have regarding
oaths?
They may choose to 'affirm' the content of the oath rather than 'swear' to it.
Can you give an example of a situation where someone might 'affirm'
an oath?
The oath of office of U.S. Senators.
What is an allegation?
A claim of fact not yet proven to be true.
In a lawsuit, where are allegations presented?
In a complaint, indictment, or affirmative defense.
,What is the purpose of presenting evidence at trial in relation to
allegations?
To attempt to prove the truth of the allegations.
What is an appeal in legal terms?
A challenge to a previous legal determination.
To whom is an appeal directed?
A legal power higher than the power making the challenged determination.
Where can trial court determinations typically be appealed?
In an appellate court.
What is the highest court in the federal system that can review
appellate court rulings?
The United States Supreme Court.
Who is the person pursuing an appeal called?
Appellant.
What is the term for the person defending the lower court's ruling?
Appellee or respondent.
What is an appeal of right?
An appeal that the higher court must hear if the losing party demands it.
What is a discretionary appeal?
An appeal that the higher court may consider, but does not have to.
Can appeals originate from decisions made by executive agencies?
Yes, in administrative law, people can appeal such decisions in court.
What is an appellant?
The party who appeals a lower court's decision in a higher court.
What does the appellant seek?
Reversal or modification of the lower court's decision.
Who is the appellee?
The party against whom the appeal is filed.
In a case where P sues D and wins, who is the appellant if D files an
appeal?
D is the appellant.
If D wins the appeal and P appeals next, who becomes the appellant?
P becomes the appellant.
Arbitrary Discretion
When used in reference to a judge's ruling in a court case, arbitrary means
based on individual discretion rather than a fair application of the law. For
example, finding someone guilty of a crime simply because they have a
beard would be an arbitrary decision. However, a discretionary decision is
not always arbitrary. Although, the law sometimes gives judges
discretionary powers, it also requires them to act within boundaries when
,applying general principles of law to the facts of a particular case. As a
result, a judge cannot act in disregard of the evidence or ignore established
precedent. Such disregard would be arbitrary.
Assent
The expression of approval or agreement.
What is an assignee?
A person to whom a property right is transferred by the person holding such
rights under contract.
What is the person who transfers property rights called?
The assignor.
What is the act of transferring property rights called?
Assigning or assignment.
In which areas of law is the concept of assignment used?
Contract and property law.
What does it mean to assume in a legal context?
To undertake or take over a certain duty or responsibility.
What is an example of assuming a debt?
Alice may assume Bob's liability for a debt, meaning she takes over Bob's
debt.
Avers
To state or assert to be the case.
What is the definition of an award in legal terms?
A final judgment or decision.
What is usually the centerpiece of an award?
A declaration that one party owes another a certain amount of money.
Who can make decisions referred to as awards?
Arbitrators, juries, and judges.
What does it mean if a bank account bears interest?
The bank pays you a particular amount of money for keeping your money
in the account.
What is typically paid by a bank for keeping money in an account?
Interest
What is black letter law?
Basic standard rules that are generally known and free from doubt.
How can black letter law be applied?
It can be applied in a very mechanical way without moral qualms or other
considerations.
What does breach mean in legal terms?
Violation of a law or contractual duty.
What is a breach of contract?
, The violation of a contractual obligation.
How can one breach a contract?
By repudiating a promise, failing to perform a promise, or interfering with
another party's performance.
Brief
Written arguments submitted to the court.
Business efficacy
Business efficacy means the power to produce intended results.
Capricious
Given to sudden and unaccountable changes of mood or behavior. A
standard for review for appeal, often seen in administrative law. Under this
standard, the finding of a lower court will not be disturbed unless it has no
reasonable basis - if the judge makes a decision without reasonable
grounds or adequate consideration of the circumstances.
Case Brief
A case brief is a dissection of a judicial opinion -- it contains a written
summary of the basic components of that decision.
Case law
Case law is law that is based on judicial decisions rather than law based on
constitutions, statutes, or regulations. Case law concerns unique disputes
resolved by courts using the concrete facts of a case. By contrast, statutes
and regulations are written abstractly.
What is a cause of action?
A set of predefined factual elements that allow for a legal remedy.
Where can the factual elements for a cause of action come from?
A constitution, statute, judicial precedent, or administrative regulation.
What is the definition of chattels?
A catch-all category of property mostly associated with movable goods.
What type of property does chattel include at common law?
All property that was not real estate and not attached to real estate.
Can you give examples of chattels?
Examples include leases, cows, and clothes.
In modern usage, what does chattel often refer to?
Tangible movable personal property.
What can happen after a federal district court has decided a case?
The case can be appealed to a United States court of appeals.
How many federal circuits are there in the United States?
There are twelve federal circuits.
Which states are included in the Fifth Circuit?
Texas, Louisiana, and Mississippi.
and Answers Latest Versions Top
Rated A+
What is acceptance in contract law?
Assent to the terms of an offer.
How must acceptance be judged?
Objectively.
Can acceptance be expressed or implied?
Yes, it can be either expressly stated or implied by the offeree's conduct.
What is required for acceptance to form a binding contract?
Acceptance should be relayed in a manner authorized, requested, or at
least reasonably expected by the offeror.
Accruing
To be added as a matter of periodic gain or advantage, as interest on
money.
What does the term 'affirm' generally mean in a legal context?
To confirm or ratify.
What happens when an appellate court affirms a ruling?
The court agrees that the prior ruling was valid and must stand as
rendered.
In what context do courts and administrative boards use the term
'affirm'?
To mean 'approve'.
What choice do government officials and witnesses have regarding
oaths?
They may choose to 'affirm' the content of the oath rather than 'swear' to it.
Can you give an example of a situation where someone might 'affirm'
an oath?
The oath of office of U.S. Senators.
What is an allegation?
A claim of fact not yet proven to be true.
In a lawsuit, where are allegations presented?
In a complaint, indictment, or affirmative defense.
,What is the purpose of presenting evidence at trial in relation to
allegations?
To attempt to prove the truth of the allegations.
What is an appeal in legal terms?
A challenge to a previous legal determination.
To whom is an appeal directed?
A legal power higher than the power making the challenged determination.
Where can trial court determinations typically be appealed?
In an appellate court.
What is the highest court in the federal system that can review
appellate court rulings?
The United States Supreme Court.
Who is the person pursuing an appeal called?
Appellant.
What is the term for the person defending the lower court's ruling?
Appellee or respondent.
What is an appeal of right?
An appeal that the higher court must hear if the losing party demands it.
What is a discretionary appeal?
An appeal that the higher court may consider, but does not have to.
Can appeals originate from decisions made by executive agencies?
Yes, in administrative law, people can appeal such decisions in court.
What is an appellant?
The party who appeals a lower court's decision in a higher court.
What does the appellant seek?
Reversal or modification of the lower court's decision.
Who is the appellee?
The party against whom the appeal is filed.
In a case where P sues D and wins, who is the appellant if D files an
appeal?
D is the appellant.
If D wins the appeal and P appeals next, who becomes the appellant?
P becomes the appellant.
Arbitrary Discretion
When used in reference to a judge's ruling in a court case, arbitrary means
based on individual discretion rather than a fair application of the law. For
example, finding someone guilty of a crime simply because they have a
beard would be an arbitrary decision. However, a discretionary decision is
not always arbitrary. Although, the law sometimes gives judges
discretionary powers, it also requires them to act within boundaries when
,applying general principles of law to the facts of a particular case. As a
result, a judge cannot act in disregard of the evidence or ignore established
precedent. Such disregard would be arbitrary.
Assent
The expression of approval or agreement.
What is an assignee?
A person to whom a property right is transferred by the person holding such
rights under contract.
What is the person who transfers property rights called?
The assignor.
What is the act of transferring property rights called?
Assigning or assignment.
In which areas of law is the concept of assignment used?
Contract and property law.
What does it mean to assume in a legal context?
To undertake or take over a certain duty or responsibility.
What is an example of assuming a debt?
Alice may assume Bob's liability for a debt, meaning she takes over Bob's
debt.
Avers
To state or assert to be the case.
What is the definition of an award in legal terms?
A final judgment or decision.
What is usually the centerpiece of an award?
A declaration that one party owes another a certain amount of money.
Who can make decisions referred to as awards?
Arbitrators, juries, and judges.
What does it mean if a bank account bears interest?
The bank pays you a particular amount of money for keeping your money
in the account.
What is typically paid by a bank for keeping money in an account?
Interest
What is black letter law?
Basic standard rules that are generally known and free from doubt.
How can black letter law be applied?
It can be applied in a very mechanical way without moral qualms or other
considerations.
What does breach mean in legal terms?
Violation of a law or contractual duty.
What is a breach of contract?
, The violation of a contractual obligation.
How can one breach a contract?
By repudiating a promise, failing to perform a promise, or interfering with
another party's performance.
Brief
Written arguments submitted to the court.
Business efficacy
Business efficacy means the power to produce intended results.
Capricious
Given to sudden and unaccountable changes of mood or behavior. A
standard for review for appeal, often seen in administrative law. Under this
standard, the finding of a lower court will not be disturbed unless it has no
reasonable basis - if the judge makes a decision without reasonable
grounds or adequate consideration of the circumstances.
Case Brief
A case brief is a dissection of a judicial opinion -- it contains a written
summary of the basic components of that decision.
Case law
Case law is law that is based on judicial decisions rather than law based on
constitutions, statutes, or regulations. Case law concerns unique disputes
resolved by courts using the concrete facts of a case. By contrast, statutes
and regulations are written abstractly.
What is a cause of action?
A set of predefined factual elements that allow for a legal remedy.
Where can the factual elements for a cause of action come from?
A constitution, statute, judicial precedent, or administrative regulation.
What is the definition of chattels?
A catch-all category of property mostly associated with movable goods.
What type of property does chattel include at common law?
All property that was not real estate and not attached to real estate.
Can you give examples of chattels?
Examples include leases, cows, and clothes.
In modern usage, what does chattel often refer to?
Tangible movable personal property.
What can happen after a federal district court has decided a case?
The case can be appealed to a United States court of appeals.
How many federal circuits are there in the United States?
There are twelve federal circuits.
Which states are included in the Fifth Circuit?
Texas, Louisiana, and Mississippi.
