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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. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Exhaustion of administrative remedies
Inculpatory evidence
Broad holding
2. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Request for admissions
Concurring opinion
Valid
3. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Bailment
Affirm
Clearly erroneous
Overrule
4. The power of a court to hear a case.
Official reporter
Arraignment
Jurisdiction
Notice pleading
5. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Exculpatory clause
Eminent Domain
Prima facie case
Direct evidence
6. A statute that changes the common law.
Statute in derogation of the common law
Holding
Fact
Motion
7. A compilation of federal administrative regulations arranged by agency.
Retreat exception
Property
Assumption of the risk
Code of Federal Regulations (C.F.R.)
8. When an appellate court that normally sits in panels sits as a whole.
En banc
Indictment
Evidence
Contributory negligence
9. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Legal Reasoning
Overrule
Deductive reasoning
Compulsory joinder
10. The party in a case against whom an appeal has been filed.
Lay witness
Appellee or respondent
Comparative negligence
U.S. district courts
11. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Proving a case within a case
Code
Judicial restraint
Invasion of Privacy
12. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Rules of criminal procedure
Products liability
Restatement of the Law of Torts - Second
Double jeopardy
13. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Deductive reasoning
Void for vagueness
Count
Exclusionary rule
14. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Property law
Affirm
Real Property
On all fours
15. General principles that guide the courts in their interpretation of statutes.
Cross-claim
International Paralegal Management Association (IPMA) www.paralegal management.org
Canons of construction
Concluding paragraph
16. Information about the law - such as that contained in encyclopedias and law review articles.
Rule
Proving a case within a case
Secondary authority
Direct examination
17. A law enacted by a state legislature or by Congress.
Discovery
Statute
Minor premise
U.S. district courts
18. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Motion in limine
Contributory negligence
Successive conflict of interest
Minor premise
19. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Alternative dispute resolution (ADR)
Probable cause
Issue of first impression
Broad holding
20. The power of the federal courts to hear matters of federal law.
Statutes at large or session laws
Registration
Federal question jurisdiction
Testimonial evidence
21. A witness who has not been shown to have any special expertise.
Motion for a new trial
Personal property
Lay witness
Closed Questions
22. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Vicarious representation
Hearsay
Direct examination
Negligence
23. Books that contain appellate court decisions. There are both official and unofficial reporters.
Strict construction
Case reporters
Legal clinic
Black-letter law
24. Also known as real estate; land and items growing on or permanently attached to that land.
Assumption
Tort law
Constitutional law
Real Property
25. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Contributory negligence
Structured database
Black-letter law
26. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Assumption
Affirmative defense
Contingency fee
Guardian
27. An approach whereby the courts give a statute a narrow interpretation.
Tort law
Persuasive authority
Lexis
Strict construction
28. Courts that determine whether lower courts have made errors of law.
Compulsory joinder
Appellate courts
Holding
Negligence
29. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
M'Naghten test
Potential conflict
Westlaw
Partnership
30. When an appellate court overturns or negates the decision of a lower court.
Reverse
Answer
Westlaw
Regulation
31. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Defendant
En banc
Nominal damages
Preemption
32. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Personal property
Dissenting opinion
Clear and convincing
33. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Bailment
Double jeopardy
Retreat exception
Materiality
34. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Partnership
Writ of habeas corpus
Concurrent conflict of interest
35. The intermediate appellate courts in the federal system.
Strict liability
Conflict of interest
Plain meaning
U.S. Court of Appeals
36. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Restatement of the Law of Torts - Second
Specific performance
Majority opinion
Confidentiality
37. Used to describe legislation that changes the common law.
Removal
Comparative negligence
Legal fiction
Derogation of the common law
38. A grand jury's written accusation that a given individual has committed a crime.
Partnership
Judgment proof
Indictment
Judgment notwithstanding the verdict (judgment N.O.V.)
39. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Removal
Common law
Affirm
Assumption of the risk
40. The transfer of a case from one state court to a federal court.
Minimum contacts
Jurisdiction
Removal
Personal recognizance bond
41. 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.
Derogation of the common law
Caption
Disbarment
Booking
42. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Personal property
Guardian
Exhaustion of administrative remedies
Attorney-client privilege
43. A person who initiates an appeal.
Appellant or petitioner
Distinguishable cases
Direct evidence
Affirm
44. Including more than one count in a complaint; the counts do not need to be consistent.
Cross-claim
Pleading in the alternative
Appellant or petitioner
Reverse
45. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Fact
Reverse
Consideration
46. The process of properly identifying and authenticating evidence so that it can be introduced.
Code of Federal Regulations (C.F.R.)
Substantial capacity test
Lay a foundation
Contributory negligence
47. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Appellate or petitioner
Respondeat superior
Federalism
Default judgment
48. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Personal property
Active Listening
Relevancy
Plaintiff
49. The number of hours - or parts of an hour - that can be charged to a specific client.
Adverse possession
Property law
Restatement of the Law of Torts - Second
Billable hours
50. 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.
Issue
Legislative history
Headnote
Lay a foundation