SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Eminent Domain
Limited liability partnership (LLP)
Legal services offices
Writ of habeas corpus
2. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Assumption
Lay a foundation
Verdict
Search engine
3. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Recklessness
Notice
Legal Reasoning
Limited jurisdiction
4. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Stop and frisk
Charging the jury
Assumption of the risk
Beyond a reasonable doubt
5. Representing someone who is in a position adverse to a prior client.
Successive conflict of interest
Fruit of the poisonous tree doctrine
Double jeopardy
Persuasive authority
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
Pleading in the alternative
Equity
Execute
Subsequent case history
7. A court opinion that establishes new law in an important area.
Landmark decision
Class action suit
Statutes at large or session laws
En banc
8. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Statutory element
Assumption of the risk
Internet
Proximate cause
9. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Legal malpractice
Arbitration
Judicial activism
10. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Black-letter law
Bailment
Beyond a reasonable doubt
Practice of law
11. In a case brief - facts that deal with what happened to the parties before the litigation began.
Substantive facts
Nolo contendere
Judicial notice
Plaintiff
12. 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.
Adverse possession
Reverse
Pretrial motion
Unauthorized practice of law
13. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Legislative intent
Headnote
Damages
14. A court's prior permission for the police to search and seize.
Interrogatories
Confidentiality
Preemption
Warrant
15. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Summary jury trials
Lay advocate
Deponent
16. The modern pretrial procedure by which one party gains information from the adverse party.
Defamation
Substantive law
Discovery
U.S. Court of Appeals
17. An actual incident or condition; not a legal consequence.
Fact
Legal fiction
Tenancy by the entirety
Entrapment
18. Someone who has the power to act in the place of another.
On point
Common law
12(b)(6) motion
Agent
19. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Contingency fee
Full-text searches
Personal property
Constructive eviction
20. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Arrest
Assault
Westlaw
21. The papers that begin a lawsuit-generally - the complaint and the answer.
Invasion of Privacy
Cause of action
Pleadings
Summary jury trials
22. The power of government to take private property for public purposes.
Assumption
Judicial review
Eminent Domain
Respondeat superior
23. 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.
Actus rea
Criminal law
Restatement of the Law of Torts - Second
Eminent Domain
24. A compilation of federal administrative regulations arranged by agency.
Retreat exception
Code of Federal Regulations (C.F.R.)
Legal malpractice
Codification
25. A special type of joint tenancy applicable only to married couples.
Stare decisis
On all fours
Tenancy by the entirety
Comparative negligence
26. The questioning of an opposing witness.
Comparative negligence
Adverse possession
Cross-examination
Concluding paragraph
27. 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.
Leading question
Case citation
M'Naghten test
Prima facie case
28. 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).
Major premise
Arbitration
Joint tenancy
Expert witness
29. 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.
Questions of law
Evidence
Pretrial motion
Retainer agreement
30. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Direct evidence
Disposition
Distinguishable cases
Constructive eviction
31. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Appellate courts
Assumption
Pretrial motion
32. 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.
Subsequent case history
per curium
Legal fiction
Cause of action
33. A person who initiates an appeal.
Consideration
Headnote
Questions of law
Appellant or petitioner
34. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Personal property
Irresistible impulse test
Federalism
Entrapment
35. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
M'Naghten test
Property
Real or physical evidence
Invasion of Privacy
36. Federal and state rules that regulate how criminal proceedings are conducted.
Strict construction
Vicarious representation
En banc
Rules of criminal procedure
37. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Punitive damages
Active Listening
Plain view doctrine
Certified
38. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Practice of law
Plain meaning
Intentional tort
Plain view doctrine
39. Court decisions from a higher court in the same jurisdiction.
Indictment
Mandatory authority
Narrow Holding
Confidentiality
40. Rules and regulations created by administrative agencies.
Full-text searches
Civil law
Majority opinion
Administrative law
41. When an appellate court that normally sits in panels sits as a whole.
Limited liability partnership (LLP)
Intentional tort
Legal writing
En banc
42. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Judicial review
Rule
Unofficial reporter
Confidentiality
43. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Count
Product misuse
Tenancy in common
44. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legal technician
Deposition
Hearsay
Irresistible impulse test
45. A defendant's personal promise to appear in court.
Affirm
Substantive facts
Cause of action
Personal recognizance bond
46. A pamphlet inserted into the back of a book containing information new since the volume was published.
Secondary authority
Federalism
Cause of action
Pocket part
47. Cases that involve similar facts and rules of law.
Compensatory damages
Confidentiality
Reverse
Analogous cases
48. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Diversity jurisdiction
Confidentiality
Duress
Road Map paragraph
49. All property that is not real property.
Evidence
Code
Personal property
Regulation
50. A person who permits or directs another person to act on the principal's behalf.
Original jurisdiction
Principle
Model Rules of Professional Conduct
Tort law