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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. In a case brief - facts that deal with what happened to the parties before the litigation began.
Substantive facts
Count
Hypertext links
Rules of criminal procedure
2. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Recklessness
Case citation
Mistrial
Judgment notwithstanding the verdict (judgment N.O.V.)
3. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Respondeat superior
No-knock warrant
Valid
Legal malpractice
4. Rules of conduct promulgated and enforced by the government.
Count
Pretrial conference
Retainer
Laws
5. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Property
Remand
Default judgment
6. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Counterclaim
Quiet enjoyment
Model Rules of Professional Conduct
7. A defense whereby the defendant offers new evidence to avoid judgment.
Nolo contendere
Fruit of the poisonous tree doctrine
Affirmative defense
National Association of Legal Assistants (NALA) www.nala.org
8. Generally accepted legal principles.
Citation
Black-letter law
Distinguishable cases
Affirm
9. A meeting of the attorneys and the judge prior to the beginning of the trial.
Damages
Liberal construction
Pretrial conference
Assumption
10. Being informed of some act done or about to be done.
Count
Notice
Full-text database
Full-text searches
11. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Certified
Reverse
Quiet enjoyment
Arbitration
12. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Quiet enjoyment
Codification
Evidence
Court of record
13. Violation of a statute as proof of negligence
Negligence per se
Prior case history
Actus rea
Caption
14. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Lay a foundation
Jurisdiction
Guardian
15. The number of hours - or parts of an hour - that can be charged to a specific client.
Hearsay
Affirm
Billable hours
Internet
16. When a higher court agrees with what lower court has done.
Dissenting opinion
Specific performance
Plaintiff
Affirm
17. All property that is not real property.
Regulation
Reasonable suspicion
Personal property
Lexis
18. A court's prior permission for the police to search and seize.
Contributory negligence
Negligence
Warrant
Verification
19. Law that creates rights and duties.
Duress
Restrictive covenant
Injunction
Substantive law
20. The revocation of an attorney's license.
Deposition
Clearly erroneous
Disbarment
Administrative law
21. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Recidivist
Original jurisdiction
Notice pleading
Headnote
22. A request that the court prohibit the use of certain evidence at the trial.
Model Rules of Professional Conduct
Best evidence rule
Judicial activism
Motion to suppress
23. 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.
En banc
Caption
Practice of law
12(b)(6) motion
24. Used to describe legislation that changes the common law.
Active Listening
Professional judgment
Derogation of the common law
Limited liability partnership (LLP)
25. 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.
Holding
Subsequent case history
Exculpatory evidence
Irresistible impulse test
26. When more than one court has jurisdiction to hear a case.
Procedural facts
Products liability
Concurrent jurisdiction
False imprisonment
27. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Pleadings
On point
Complaint
Hearsay
28. A provision in a deed that prohibits specified uses of the property.
Canons of construction
Corroborative evidence
Citation
Restrictive covenant
29. A court order authorizing a sheriff to take property in order to enforce a judgment.
Guardian
Writ of execution
Duress
Default judgment
30. A worldwide network of computer networks.
Leading questions
Testimonial evidence
Enabling act
Internet
31. A person who permits or directs another person to act on the principal's behalf.
Statute of limitations
Successive conflict of interest
Codification
Principle
32. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Rule
Professional Corporation (PC)
Summons
33. An intentional act that creates a harmful or offensive physical contact.
Battery
Contingency fee
M'Naghten test
Appellate or petitioner
34. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Disposition
Dismissal with prejudice
Arraignment
Federalism
35. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Clear and convincing
Motion
Mandatory authority
Judicial activism
36. A trial court error that is not sufficient to warrant reversing the decision.
Attorney-client privilege
Harmless error
M'Naghten test
Contributory negligence
37. The person who is being asked questions at a deposition.
per curium
Judicial notice
Deponent
Unauthorized practice of law
38. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Full-text searches
Quiet enjoyment
Contingency fee
Necessity
39. All property that is not real property.
Personal property
Constitutional law
Secondary authority
Exclusive jurisdiction
40. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Duress
Majority opinion
Exculpatory evidence
Certificated
41. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Standing
Consideration
Criminal law
Retainer
42. 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.
Constitutional law
Plaintiff
Subsequent case history
Statute
43. The papers that begin a lawsuit-generally - the complaint and the answer.
Attorney-client privilege
Real or physical evidence
Statutes of limitations
Pleadings
44. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Directed verdict
Headnote
Fruit of the poisonous tree doctrine
Derogation of the common law
45. A court opinion that establishes new law in an important area.
Inculpatory evidence
Affirm
Landmark decision
Disbarment
46. A claim by the defendant against the plaintiff.
Counterclaim
Personal recognizance bond
Suspension
Standing
47. When the defendant does not have sufficient money or other assets to pay the judgment.
Codification of the common law
Judgment proof
Rules of criminal procedure
Suspension
48. The new legal principle established by a court opinion.
Holding
Testimonial evidence
Limited liability partnership (LLP)
U.S. district courts
49. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Jurisdiction
Exhaustion of administrative remedies
Summons
Judgment
50. A request made to the court.
Motion
Arbitration
Proximate cause
Consideration