CP Fundamentals & Core Concepts 2

Question 1

What is the difference between substantive law and procedural law?

Accepted Answer

Substantive defines rights and obligations while procedural establishes rules for enforcing those rights

Answer

Substantive applies to criminal, procedural to civil

Answer

No meaningful difference

Answer

Substantive is federal while procedural is state

Question 2

What is stare decisis and why is it important?

Accepted Answer

The doctrine that courts should follow precedent from prior judicial decisions

Answer

A requirement that all cases go to trial

Answer

A rule that statutes override case law

Answer

The principle that federal law preempts state law

Question 3

What are the three branches of the U.S. government and their functions?

Accepted Answer

Legislative (makes laws), executive (enforces laws), and judicial (interprets laws)

Answer

Federal, state, and local

Answer

Criminal, civil, and administrative

Answer

Congress, President, and military

Question 4

What is the hierarchy of law in the United States?

Accepted Answer

U.S. Constitution, federal statutes and treaties, federal regulations, state constitutions, state statutes, local ordinances

Answer

State constitutions, federal statutes, local ordinances, case law

Answer

Common law, statutory, constitutional, administrative

Answer

Supreme Court decisions, federal statutes, state statutes, regulations

Question 5

What is jurisdiction and what are the main types?

Accepted Answer

The authority of a court to hear a case; main types include subject matter and personal jurisdiction

Answer

Where a law firm operates; corporate and nonprofit types

Answer

Attorney's power to represent; licensed and pro hac vice

Answer

Police department's area; municipal and county

Question 6

What is the role of a paralegal in the legal system?

Accepted Answer

Performs substantive legal work under attorney supervision including research, drafting, investigation, and client communication

Answer

Independently practices law under limited license

Answer

Serves as mediator between attorneys and clients

Answer

Limited to clerical and administrative tasks