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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. A provision that purports to waive liability.
Pretrial conference
Exculpatory clause
Canons of construction
Actus rea
2. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Professional Corporation (PC)
Holding
Arrest
Reverse
3. Rules and regulations created by administrative agencies.
Administrative law
Inculpatory evidence
Attorney-client privilege
Diversity jurisdiction
4. Monetary compensation - including compensatory - punitive - and nominal damages.
Punitive damages
Damages
Removal
Mens rea
5. An opinion in which a majority of the court joins.
Defamation
Void for vagueness
Majority opinion
Cross-examination
6. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Necessity
Exclusive jurisdiction
Proximate cause
Equity
7. Evidence that suggests the defendant's innocence.
Billable hours
Codification
Doctrine of implied powers
Exculpatory evidence
8. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Criminal law
Subsequent case history
Summons
Confidentiality
9. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Joint tenancy
Comparative negligence
Holding
Stare decisis
10. Occurs when the police restrain a person's freedom and charge the person with a crime.
Assumption
Leading questions
Confidentiality
Arrest
11. The reference to a particular page within an opinion.
Overrule
Dismissal with prejudice
Pinpoint cite
Contract
12. 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.
Road Map paragraph
Evidence
Procedural law
Pretrial motion
13. The chronological publication of statutes at the end of a legislative session.
Deductive reasoning
Partnership
Statutes at large or session laws
Overrule
14. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Prima facie case
Citation
Administrative law
15. A book that contains court opinion headnotes arranged by subject matter.
Pleadings
General jurisdiction
Code
Digest
16. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Notice pleading
Remedial statute
Professional Corporation (PC)
17. A claim by the defendant against the plaintiff.
Counterclaim
Irresistible impulse test
Proving a case within a case
Exhaustion of administrative remedies
18. A summary of one legal point in a court opinion; written by the editors at West.
Statute
Headnote
Preemption
Entrapment
19. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Reverse
Injunction
Implied warranty of habitability
20. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Battery
Comparative negligence
Westlaw
Issue
21. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Subsequent case history
Issue
Legal fiction
Contingency fee
22. A public or private statement that an attorney's conduct violated the code of ethics.
Void for vagueness
Probable cause
Reprimand or censure
Answer
23. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Attorney-client privilege
Holding
Distinguishable cases
24. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Issue of first impression
Legal Reasoning
Legislative intent
Probable cause
25. Simultaneously representing adverse clients.
Concurrent conflict of interest
Inculpatory evidence
Exclusionary rule
Expert witness
26. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Paralegal
Contributory negligence
Legal clinic
Contributory negligence
27. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Circumstantial evidence
Appellate courts
Contributory negligence
28. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Constructive
Shepardizing
Pretrial conference
Specific performance
29. A trial conducted without a jury.
Personal property
Paralegal
Bench trial
On point
30. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Ethical wall or screen or cone of silence
Actus rea
Unofficial reporter
Motion to suppress
31. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Irresistible impulse test
Court of record
Civil law
32. The party in a case who has initiated an appeal.
Harmless error
Federalism
Motion to require a finding of not guilty
Appellate or petitioner
33. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
per curium
12(b)(6) motion
Deponent
34. 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.
Negligence
National Association of Legal Assistants (NALA) www.nala.org
Code of Federal Regulations (C.F.R.)
Probable cause
35. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Direct evidence
Battered woman's or spouse's syndrome
Issue
36. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Booking
Liberal construction
Directed verdict
Cause of action
37. 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.
Guardian
Statutes of limitations
Federalism
Booking
38. Disregarding a substantial and unjustifiable risk that harm will result.
Disposition
Concurrent conflict of interest
Recklessness
Answer
39. Law that deals with harm to society as a whole.
Compulsory joinder
Procedural facts
Pleadings
Criminal law
40. The result reached in a particular case.
Federalism
Disposition
En banc
Official reporter
41. Courts that determine whether lower courts have made errors of law.
Appellee or respondent
Appellate courts
Third-party claim
Stop and frisk
42. 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.
Holding
Treatment
Irresistible impulse test
Minimum contacts
43. A special type of joint tenancy applicable only to married couples.
Loislaw
Regulation
Tenancy by the entirety
Subsequent case history
44. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Comparative negligence
Caption
Summons
Strict liability
45. Summary of one legal point in a court opinion; written by the editors at West.
Minimum contacts
Restatement of the Law of Torts - Second
Headnote
Statutes at large or session laws
46. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Assault
Black-letter law
Practice of law
Motion for a new trial
47. A compilation of federal administrative regulations arranged by agency.
Questions of law
Code of Federal Regulations (C.F.R.)
Personal recognizance bond
Full-text searches
48. A term used to describe a case that is similar to another case.
Deductive reasoning
On point
Internet
Registration
49. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Lexis
Nolo contendere
Statute in derogation of the common law
50. Law that regulates how the legal system operates.
Authentication
Reprimand or censure
Request for admissions
Procedural law