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Test your basic knowledge |
Paralegal 101
Start Test
Study First
Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Affirm
Materiality
Dismissal with prejudice
Major premise
2. A fee calculated as a percentage of the settlement or award in the case.
Lay witness
False imprisonment
Affirm
Contingency Fee
3. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Tenancy in common
Legal fiction
Judgment proof
Plain view doctrine
4. A compilation of federal administrative regulations arranged by agency.
Tenancy in common
Code of Federal Regulations (C.F.R.)
Potential conflict
Statutes of limitations
5. The rule requiring that the original document be produced at trial.
Best evidence rule
Inculpatory evidence
Exculpatory evidence
Plaintiff
6. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Battery
Jurisdiction
Reversible error
Easement
7. A worldwide network of computer networks.
Questions of fact
Liberal construction
Internet
Beyond a reasonable doubt
8. A set charge for a specific service - such as drafting a simple will.
Concurrent conflict of interest
Overrule
Motion to require a finding of not guilty
Fixed Fee
9. A defense requiring proof that the defendant was not mentally responsible.
Real or physical evidence
Shepardizing
Insanity defense
Assumption
10. The party in a lawsuit against whom an appeal has been filed.
Lay witness
Landmark decision
Annotated statutes
Appellee or respondent
11. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Challenge for cause
Remand
Retainer
12. A business run by two or more persons as co-owners.
Real property
Appellant or petitioner
Legal fiction
Partnership
13. A person who initiates a lawsuit.
Recidivist
Codification of the common law
Plaintiff
Trial courts
14. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Court of record
Notice pleading
Diversity jurisdiction
Code
15. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Exclusionary rule
Overrule
Paralegal
Subpoena duces tecum
16. A right to use property owned by another for a limited purpose.
Court of record
Retainer agreement
Easement
Documentary evidence
17. A separable part of a statute that must be satisfied for the statute to apply.
Personal property
Statutory element
Unauthorized practice of law
Products liability
18. Questions relating to the interpretation or application of the law.
Pleading in the alternative
Respondeat superior
Questions of law
Pattern jury instructions
19. Proof that the evidence is what it is said to be.
Authentication
Booking
Suspension
Charging the jury
20. A statement in a judicial opinion not necessary for the decision of the case.
Contract
Dictum
Reverse
Court of record
21. The intermediate appellate courts in the federal system.
Appellate courts
U.S. Court of Appeals
Analogous cases
Syllabus
22. Simultaneously representing adverse clients.
Concurrent conflict of interest
Constitutional law
Statutes of limitations
Insanity defense
23. The person who is being asked questions at a deposition.
Confidentiality
Tickler System
Deponent
Motion
24. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Trial courts
Summary jury trials
M'Naghten test
Adverse possession
25. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Overrule
Constructive eviction
Caption
Ethical wall or screen or cone of silence
26. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Grand jury
Citation
Procedural facts
Remedial statute
27. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Contributory negligence
Freelance Paralegal
Statutes at large or session laws
Holding
28. The pretrial oral questioning of a witness under oath.
Judicial activism
Punitive damages
Mediation
Deposition
29. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Appellate brief
Assumption of the risk
Tickler System
30. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Partnership
Interrogatories
Contingency Fee
Summons
31. A defense whereby the defendant offers new evidence to avoid judgment.
Subpoena
Affirmative defense
M'Naghten test
Personal recognizance bond
32. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Reverse
Limited liability partnership (LLP)
Ethical wall or screen or cone of silence
Professional Corporation (PC)
33. A court order authorizing a sheriff to take property in order to enforce a judgment.
Administrative law
Caption
Issue of first impression
Writ of execution
34. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Quiet enjoyment
Strict liability
Class action suit
35. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Exclusive jurisdiction
Entrapment
Remand
36. The transfer of a case from one state court to a federal court.
Removal
Shepardizing
Statute
Contingency fee
37. A tort committed by one who intends to do the act that creates the harm.
Implied warranty of habitability
Statute
Intentional tort
Entrapment
38. The power of a court to hear a case.
Jurisdiction
Lay witness
Reverse
Regulation
39. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Active Listening
Reverse
Minimum contacts
Internet
40. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Pinpoint cite
Voir dire
Successive conflict of interest
41. When an appellate court overturns or negates the decision of a lower court.
Affirm
Reverse
Writ of execution
Original jurisdiction
42. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Partnership
Guardian
Motion to require a finding of not guilty
Remand
43. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Probable cause
Federal question jurisdiction
Subject matter jurisdiction
Void for vagueness
44. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Narrow Holding
Statutes of limitations
Guardian
45. A special type of joint tenancy applicable only to married couples.
Tenancy by the entirety
Tickler System
Alternative dispute resolution (ADR)
Real property
46. A request that the court release the defendant because of the illegality of the incarceration.
Corroborative evidence
Conflict of interest
Statutes at large or session laws
Writ of habeas corpus
47. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Harmless error
Execute
Insanity defense
Unofficial reporter
48. The revocation of an attorney's license.
Disbarment
Jurisdiction
Injunction
Mediation
49. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Default judgment
Challenge for cause
Legal writing
50. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
On point
Beyond a reasonable doubt
Hourly rate