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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 pretrial oral questioning of a witness under oath.
Deposition
Civil law
Contingency Fee
Void for vagueness
2. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Fact
Subpoena duces tecum
Common law
Invasion of Privacy
3. Being informed of some act done or about to be done.
Recidivist
Notice
Self-defense
Disbarment
4. The number of hours - or parts of an hour - that can be charged to a specific client.
Unauthorized practice of law
Assumption of the risk
Contingency Fee
Billable hours
5. The party in a case who has initiated an appeal.
Subsequent case history
Plea bargaining
Defamation
Appellate or petitioner
6. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Arrest
Case citation
Reverse
Retreat exception
7. An advance or down payment that is given to engage the services of an attorney.
Concurrent conflict of interest
Retainer
Internet
Reprimand or censure
8. Federal and state rules that govern the admissibility of evidence in court.
Reprimand or censure
Reverse
Rules of evidence
Constructive eviction
9. The person who is being asked questions at a deposition.
Exigent circumstances
Third-party claim
Deponent
Legal services offices
10. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Constructive eviction
Dissenting opinion
Freelance Paralegal
Hourly rate
11. 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.
Broad holding
Exculpatory evidence
Prima facie case
Res ipsa loquitur
12. The power of a court to hear a particular type of case.
Count
Subject matter jurisdiction
Property law
Irresistible impulse test
13. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Constructive
Judicial review
Exclusionary rule
Cross-examination
14. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Unofficial reporter
Statute of limitations
Broad holding
15. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Model Rules of Professional Conduct
Criminal law
Unofficial reporter
Strict liability
16. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Pleadings
Peremptory challenge
Reverse
Potential conflict
17. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
Federal question jurisdiction
Pocket part
Subsequent case history
18. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Overrule
U.S. Court of Appeals
Bill of Rights
19. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Unofficial reporter
Notice pleading
Interrogatories
Preponderance of the evidence
20. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Direct evidence
Tickler System
Judgment notwithstanding the verdict (judgment N.O.V.)
Statute of limitations
21. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Persuasive authority
Plea bargaining
Legal writing
Writ of execution
22. A defendant's personal promise to appear in court.
Rules of criminal procedure
Substantial capacity test
Full-text database
Personal recognizance bond
23. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Voir dire
Probable cause
Injunction
Real Property
24. Bad act.
Analogous cases
Actus rea
Product misuse
Strict liability
25. A compilation of federal administrative regulations arranged by agency.
Eminent Domain
Ejusdem generis
Code of Federal Regulations (C.F.R.)
Rule
26. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Compulsory joinder
Confidentiality
Limited liability partnership (LLP)
Cause of action
27. When only one court has the power to hear a case.
Black-letter law
Assumption
Lay advocate
Exclusive jurisdiction
28. In a case brief - the general legal principle in existence before the case began.
Verification
Caption
Void for vagueness
Rule
29. The general jurisdiction trial courts in the federal system.
Exigent circumstances
U.S. district courts
Concluding paragraph
Remand
30. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Recidivist
Indictment
False imprisonment
Preemption
31. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Actual cause
Double jeopardy
Challenge for cause
Affirmative defense
32. A case listed in Shepard's that cites your case.
Citing case
Strict construction
Legal technician
Exclusionary rule
33. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Deductive reasoning
Direct evidence
Intellectual Property
Quiet enjoyment
34. An agreement supported by consideration.
Contract
Leading question
Rules of criminal procedure
Double jeopardy
35. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mediation
Mistrial
Expert witness
Pretrial conference
36. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Mediation
Model Rules of Professional Conduct
Diversity jurisdiction
37. Rules and regulations created by administrative agencies.
Holding
Clear and convincing
Common law
Administrative law
38. Any tangible object - like a bloody glove.
Entrapment
Class action suit
Pretrial conference
Real or physical evidence
39. Money is awarded to a plaintiff in payment for his or her actual losses.
Specific performance
Compensatory damages
Personal jurisdiction
Respondeat superior
40. The publication of false statements that harm a person's reputation.
National Association of Legal Assistants (NALA) www.nala.org
Defamation
Contingency fee
per curium
41. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Jurisdiction
Westlaw
Primary authority
Service
42. A document that lists statements regarding specific items for the other party to admit or deny.
Necessity
Concurrent conflict of interest
Ejusdem generis
Request for admissions
43. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Exculpatory evidence
Appellate brief
Legal services offices
44. The result reached in a particular case.
Diversity jurisdiction
Disposition
Plain view doctrine
12(b)(6) motion
45. A trial conducted without a jury.
Affirmative defense
Practice of law
Bench trial
Cumulative evidence
46. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Retainer agreement
Statutes of limitations
Code of Federal Regulations (C.F.R.)
Contract
47. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Valid
Diversity jurisdiction
Constitutional law
Ejusdem generis
48. When the defendant does not have sufficient money or other assets to pay the judgment.
Civil law
Legislative intent
Cause of action
Judgment proof
49. Land and objects permanently attached to land.
Verification
Concurring opinion
Dissenting opinion
Real property
50. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Slip laws
Comparative negligence
Judicial notice
Legal clinic