Functioning Legal Knowledge Flashcards
5 cards from real SQE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 5 Functioning Legal Knowledge flashcards as text
What is the standard of proof required in a civil case?
Answer: Preponderance of the evidence
In civil cases, the standard of proof required is the 'preponderance of the evidence.' This means the party bringing the claim must demonstrate that their version of events is more likely true than not true, essentially a greater than 50% chance. This standard is less stringent than 'beyond a reasonable doubt' used in criminal cases, reflecting the different goals of civil law, which often involve resolving disputes and compensating for harm.
What is the primary purpose of the doctrine of stare decisis?
Answer: To ensure that lower courts follow higher court decisions
The doctrine of stare decisis, meaning 'to stand by things decided,' is a fundamental principle in common law systems. Its primary purpose is to ensure that lower courts follow precedents established by prior decisions of higher courts in similar cases. This doctrine promotes consistency, predictability, and fairness in the application of the law, contributing to the stability and legitimacy of the legal system.
Which of the following is an equitable remedy?
Answer: Specific performance
Specific performance is an equitable remedy, meaning it is granted when monetary damages alone would not adequately compensate the injured party. It compels a party to fulfill their contractual obligations exactly as agreed, rather than simply paying damages for a breach. This remedy is often applied in contracts involving unique goods, land, or services where a substitute cannot easily be obtained.
In contract law, what is the 'mirror image rule'?
Answer: The acceptance must match the offer exactly
The 'mirror image rule' in contract law dictates that an acceptance must precisely match the terms of the offer without any modifications or additions. If the acceptance introduces new terms or conditions, it is considered a counter-offer, which effectively rejects the original offer. This rule ensures that a clear and unambiguous agreement is formed between the parties, establishing mutual assent to the exact same terms.
What is the primary function of judicial review?
Answer: To assess the constitutionality of legislative acts
The primary function of judicial review is to assess the constitutionality of legislative acts, executive actions, and administrative decisions. This power allows courts to determine whether these governmental actions comply with the provisions of the constitution. Judicial review serves as a crucial check on the other branches of government, ensuring that laws and policies uphold constitutional principles and protect individual rights.