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Certified Paralegal Exam | 1000
Questions and Answers | Complete
Study Guide & Exam Preparation
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What are the primary sources of law in the United The primary sources of law are constitutional law, statutory law,
States, and how are they ranked by authority? administrative law (regulations), and case law ( judicial decisions). The
U.S. Constitution is the supreme law, followed by federal statutes and
treaties, valid federal regulations, and judicial precedent. State
constitutions govern within their jurisdictions unless preempted by
federal law.
Define stare decisis and explain why it is important Stare decisis is the doctrine requiring courts to follow binding
in legal research. precedent established by higher courts in the same jurisdiction when
similar legal issues arise. It promotes consistency, predictability, and
fairness in judicial decisions.
Congress passes a statute, but a federal regulation The federal statute controls because administrative regulations must be
issued by an agency conflicts with it. Which consistent with the statute authorizing them. Agencies cannot create
authority controls and why? regulations that exceed or contradict congressional intent.
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The doctrine stating that federal law overrides Federal preemption (Supremacy Clause doctrine). Under the
conflicting state law is called __________. Supremacy Clause, valid federal law supersedes conflicting state law.
A state supreme court interprets a state statute. Is Generally, yes. Federal courts applying state law must follow the
that interpretation binding on federal courts highest state court's interpretation of that state's law under the Erie
deciding a state-law issue? Explain. doctrine unless federal law governs the issue.
What is common law, and how does it differ from Common law consists of legal principles developed through judicial
statutory law? decisions, whereas statutory law consists of written laws enacted by
legislative bodies. Statutes may codify, modify, or replace common-law
rules.
Every judicial opinion issued by any court False. Only decisions from higher courts within the same jurisdiction are
becomes binding precedent. Explain. generally binding. Decisions from courts of equal or lower authority, or
from other jurisdictions, are merely persuasive.
What is meant by binding authority versus Binding authority must be followed by the court (e.g., controlling
persuasive authority? statutes or higher court decisions). Persuasive authority may influence
but does not control the court (e.g., decisions from other jurisdictions,
law review articles).
A state statute conflicts with the U.S. Constitution. The U.S. Constitution prevails because it is the supreme law of the land
Which prevails? under Article VI (Supremacy Clause). Courts may declare the
conflicting statute unconstitutional.
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Define judicial review and identify its significance. Judicial review is the authority of courts to determine whether statutes
or governmental actions violate the Constitution. It allows courts to
invalidate unconstitutional laws or executive actions.
Which court is the highest court in the United The U.S. Supreme Court is the highest court. It reviews constitutional
States, and what are two types of cases it issues, federal statutory interpretation, disputes among states, and
commonly reviews? significant federal questions, primarily through discretionary review.
Courts that determine facts and hear witnesses Trial courts. Trial courts evaluate evidence, determine facts, and apply
are called ________ courts. the law to those facts.
A litigant loses at trial because of an alleged legal The appellate court reviews legal errors, not factual disputes, to
error by the judge. What is the primary function of determine whether the trial court correctly applied the law and
the appellate court? whether any error affected the outcome.
https://www.stuvia.com/user/educatorjake https://www.stuvia.com/user/educatorjake
https://www.stuvia.com/user/educatorjake
Certified Paralegal Exam | 1000
Questions and Answers | Complete
Study Guide & Exam Preparation
https://www.stuvia.com/user/educatorjake
https://www.stuvia.com/user/educatorjake https://www.stuvia.com/user/educatorjake
,https://www.stuvia.com/user/educatorjake https://www.stuvia.com/user/educatorjake
What are the primary sources of law in the United The primary sources of law are constitutional law, statutory law,
States, and how are they ranked by authority? administrative law (regulations), and case law ( judicial decisions). The
U.S. Constitution is the supreme law, followed by federal statutes and
treaties, valid federal regulations, and judicial precedent. State
constitutions govern within their jurisdictions unless preempted by
federal law.
Define stare decisis and explain why it is important Stare decisis is the doctrine requiring courts to follow binding
in legal research. precedent established by higher courts in the same jurisdiction when
similar legal issues arise. It promotes consistency, predictability, and
fairness in judicial decisions.
Congress passes a statute, but a federal regulation The federal statute controls because administrative regulations must be
issued by an agency conflicts with it. Which consistent with the statute authorizing them. Agencies cannot create
authority controls and why? regulations that exceed or contradict congressional intent.
https://www.stuvia.com/user/educatorjake https://www.stuvia.com/user/educatorjake
,https://www.stuvia.com/user/educatorjake https://www.stuvia.com/user/educatorjake
The doctrine stating that federal law overrides Federal preemption (Supremacy Clause doctrine). Under the
conflicting state law is called __________. Supremacy Clause, valid federal law supersedes conflicting state law.
A state supreme court interprets a state statute. Is Generally, yes. Federal courts applying state law must follow the
that interpretation binding on federal courts highest state court's interpretation of that state's law under the Erie
deciding a state-law issue? Explain. doctrine unless federal law governs the issue.
What is common law, and how does it differ from Common law consists of legal principles developed through judicial
statutory law? decisions, whereas statutory law consists of written laws enacted by
legislative bodies. Statutes may codify, modify, or replace common-law
rules.
Every judicial opinion issued by any court False. Only decisions from higher courts within the same jurisdiction are
becomes binding precedent. Explain. generally binding. Decisions from courts of equal or lower authority, or
from other jurisdictions, are merely persuasive.
What is meant by binding authority versus Binding authority must be followed by the court (e.g., controlling
persuasive authority? statutes or higher court decisions). Persuasive authority may influence
but does not control the court (e.g., decisions from other jurisdictions,
law review articles).
A state statute conflicts with the U.S. Constitution. The U.S. Constitution prevails because it is the supreme law of the land
Which prevails? under Article VI (Supremacy Clause). Courts may declare the
conflicting statute unconstitutional.
https://www.stuvia.com/user/educatorjake https://www.stuvia.com/user/educatorjake
, https://www.stuvia.com/user/educatorjake https://www.stuvia.com/user/educatorjake
Define judicial review and identify its significance. Judicial review is the authority of courts to determine whether statutes
or governmental actions violate the Constitution. It allows courts to
invalidate unconstitutional laws or executive actions.
Which court is the highest court in the United The U.S. Supreme Court is the highest court. It reviews constitutional
States, and what are two types of cases it issues, federal statutory interpretation, disputes among states, and
commonly reviews? significant federal questions, primarily through discretionary review.
Courts that determine facts and hear witnesses Trial courts. Trial courts evaluate evidence, determine facts, and apply
are called ________ courts. the law to those facts.
A litigant loses at trial because of an alleged legal The appellate court reviews legal errors, not factual disputes, to
error by the judge. What is the primary function of determine whether the trial court correctly applied the law and
the appellate court? whether any error affected the outcome.
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