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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 trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Evidence
Entrapment
Questions of fact
2. The questioning of your own witness.
Slip laws
Direct examination
Citation
En banc
3. A constitutional protection against being tried twice for the same crime.
Leading questions
Easement
U.S. Supreme Court
Double jeopardy
4. Money is awarded to a plaintiff in payment for his or her actual losses.
Bill of Rights
Property law
Laws
Compensatory damages
5. The process of finding the law.
Negligence per se
Assault
Legal Research
Legal technician
6. A set of standardized jury instructions.
Statutes at large or session laws
Pattern jury instructions
Verdict
Freelance Paralegal
7. A statute that changes the common law.
Statute in derogation of the common law
Loislaw
Clear and convincing
Reversible error
8. The power of a court to hear a particular type of case.
Challenge for cause
Subject matter jurisdiction
Plain meaning
Best evidence rule
9. 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.
Bench trial
Constitutional law
Retainer
Confidentiality
10. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Pretrial motion
Suspension
Loislaw
Compulsory joinder
11. A witness who has not been shown to have any special expertise.
Holding
Citing case
Lay witness
Administrative law
12. Without the need for a warrant - the police may seize objects that are openly visible.
General jurisdiction
Peremptory challenge
Plain view doctrine
Agent
13. A defendant's personal promise to appear in court.
Prior case history
Personal recognizance bond
Overbreadth
Substantive facts
14. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Substantial capacity test
Internet
Exigent circumstances
Issue
15. A computerized database that contains key information about the content of documents - such as medical records.
En banc
Substantive facts
Legal malpractice
Structured database
16. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Actual cause
Preemption
Cross-examination
On point
17. Courts that determine the facts and apply the law to the facts.
Documentary evidence
Trial courts
Contract
Grand jury
18. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Active Listening
Product misuse
Dictum
Corroborative evidence
19. The party in a case against whom an appeal has been filed.
Appellee or respondent
Bail
Answer
Statute in derogation of the common law
20. The rule requiring that the original document be produced at trial.
Best evidence rule
Full-text database
Official reporter
Cross-claim
21. A law enacted by a state legislature or by Congress.
Statutes at large or session laws
Statute
Subpoena
Legal Research
22. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Personal property
Stare decisis
Entrapment
Answer
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.
General jurisdiction
Dismissal with prejudice
On all fours
Restatement of the Law of Torts - Second
24. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Exculpatory evidence
Discovery
Code of Federal Regulations (C.F.R.)
25. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Closed Questions
Constructive
Unofficial reporter
Legal Reasoning
26. Land and objects permanently attached to land.
Real property
Lay advocate
Class action suit
Citing case
27. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Challenge for cause
U.S. district courts
Stare decisis
Appellee or respondent
28. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Best evidence rule
Arbitration
Contributory negligence
29. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Implied warranty of habitability
U.S. Supreme Court
Contingency fee
Remedial statute
30. A term used to describe a case that is similar to another case.
Broad holding
On point
Client trust account
Circumstantial evidence
31. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Injunction
Westlaw
Pretrial motion
Relevancy
32. The party in a case who has initiated an appeal.
Major premise
Real Property
Recklessness
Appellate or petitioner
33. The chronological publication of statutes at the end of a legislative session.
Registration
Statutes at large or session laws
Limited jurisdiction
Pleadings
34. A person who permits or directs another person to act on the principal's behalf.
Plea bargaining
Notice pleading
Principle
Summons
35. A warrant that allows the police to enter without announcing their presence in advance.
Tickler System
Testimonial evidence
Appellate brief
No-knock warrant
36. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Count
Assumption of the risk
Minor premise
Hearsay
37. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Certified
Assumption of the risk
Substantive law
Retainer agreement
38. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Ejusdem generis
Code
Battered woman's or spouse's syndrome
Service
39. Federal and state rules that govern the admissibility of evidence in court.
Administrative law
12(b)(6) motion
Service
Rules of evidence
40. Disregarding a substantial and unjustifiable risk that harm will result.
Cross-examination
Recklessness
Official reporter
Judicial notice
41. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Unofficial reporter
Notice
Proving a case within a case
42. 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.
Canons of construction
Legislative intent
Plea bargaining
Probable cause
43. A suspicion based on specific facts; less than probable cause.
Primary authority
Reasonable suspicion
Negligence per se
Affirmative defense
44. The power of government to take private property for public purposes.
Legal Research
Eminent Domain
Miranda warnings
Issue
45. When more than one court has jurisdiction to hear a case.
Cross-examination
Concurrent jurisdiction
Summary jury trials
Concurrent conflict of interest
46. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Derogation of the common law
Exculpatory evidence
Limited liability partnership (LLP)
47. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Comparative negligence
Class action suit
Service
Duress
48. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Legislative history
Limited liability partnership (LLP)
Lay witness
National Federation of Paralegal Associations (NFPA) www.paralegals.org
49. The status of having received a certificate documenting that the person has successfully completed an educational program.
Syllabus
Recidivist
Certificated
Hourly rate
50. 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
Authentication
Strict liability
Statute of limitations
Diversity jurisdiction