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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 logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Valid
Lexis
Fruit of the poisonous tree doctrine
Issue of first impression
2. A defendant's personal promise to appear in court.
Motion for a new trial
Administrative law
Tenancy by the entirety
Personal recognizance bond
3. An approach whereby the courts give a statute a broad interpretation.
Questions of fact
Liberal construction
Judgment notwithstanding the verdict (judgment N.O.V.)
Pretrial conference
4. 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.
Competency
Prima facie case
Evidence
Citation
5. Law that regulates how the legal system operates.
Procedural law
Code
Subpoena
Legal fiction
6. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Judgment proof
Intellectual Property
Dictum
Documentary evidence
7. The power of a court to hear a particular type of case.
Unofficial reporter
Diversity jurisdiction
Count
Subject matter jurisdiction
8. A request made to the court.
Questions of law
Search engine
Motion
Hypertext links
9. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Appellant or petitioner
Tickler System
Real property
10. The revocation of an attorney's license.
Disbarment
Cause of action
Caption
Retreat exception
11. The process of properly identifying and authenticating evidence so that it can be introduced.
Strict liability
Arraignment
Lay a foundation
Narrow Holding
12. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Westlaw
Arbitration
Competency
Contributory negligence
13. Money is awarded to a plaintiff in payment for his or her actual losses.
Lay a foundation
Compensatory damages
Statute in derogation of the common law
National Association of Legal Assistants (NALA) www.nala.org
14. 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.
Pocket part
Proximate cause
Appellant or petitioner
Certified
15. When the defendant does not have sufficient money or other assets to pay the judgment.
Ejusdem generis
Legislative history
Judgment proof
Dismissal with prejudice
16. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Deductive reasoning
Syllabus
Appellate brief
Motion for a new trial
17. An opinion in which a majority of the court joins.
Issue of first impression
Charging the jury
Tenancy in common
Majority opinion
18. A reason for invalidating a statute where it covers both protected and criminal activity.
Substantive law
Overbreadth
Eminent Domain
Unauthorized practice of law
19. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Booking
Service
Legal Research
Conflict of interest
20. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Minor premise
Regulation
Answer
21. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Broad holding
Verification
Real property
22. Governmental publication of court opinions.
Official reporter
Diversity jurisdiction
Alternative dispute resolution (ADR)
Appellee or respondent
23. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Doctrine of implied powers
Entrapment
Eminent Domain
24. A summary of a court opinion that appears at the beginning of the case.
Reverse
Negligence
Syllabus
Potential conflict
25. Evidence that suggests the defendant's innocence.
Transition
Concurring opinion
Appellee or respondent
Exculpatory evidence
26. The power of government to take private property for public purposes.
Irresistible impulse test
Eminent Domain
Judgment notwithstanding the verdict (judgment N.O.V.)
Verification
27. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Annotated statutes
Plaintiff
Comparative negligence
Voir dire
28. Law that deals with harm to an individual.
Civil law
12(b)(6) motion
Major premise
Subsequent case history
29. In a case brief - the rule of law applied to the case's specific facts.
En banc
Issue
Corroborative evidence
Unofficial reporter
30. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Plain meaning
Legal malpractice
Defendant
31. The general jurisdiction trial courts in the federal system.
Duress
Plain meaning
U.S. district courts
Disbarment
32. A computerized database that contains key information about the content of documents - such as medical records.
Tickler System
Active Listening
Structured database
Actual cause
33. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Discovery
Necessity
Affirmative defense
Reverse
34. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
M'Naghten test
Rule 56 motion (summary judgment motion)
Statute
Constructive
35. The requirement that relief be sought from an administrative agency before proceeding to court.
Restatement of the Law of Torts - Second
Booking
Exhaustion of administrative remedies
Judicial activism
36. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Suspension
Evidence
Doctrine of implied powers
Appellate brief
37. A right to use property owned by another for a limited purpose.
Federalism
Criminal law
Easement
Negligence
38. Establishes a direct link to the event that must be proven.
Personal jurisdiction
Direct evidence
Caption
Judgment proof
39. 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.
Legal services offices
Directed verdict
Disposition
Voir dire
40. Questions that suggest the answer.
Authentication
Corroborative evidence
Pretrial conference
Leading questions
41. The power of the federal courts to hear matters of federal law.
Major premise
Federal question jurisdiction
Pretrial motion
Majority opinion
42. A canon of construction meaning 'of the same class.:
Overrule
Retainer
Ejusdem generis
U.S. district courts
43. A suspicion based on specific facts; less than probable cause.
Removal
Reasonable suspicion
Direct examination
Hourly rate
44. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Statutes of limitations
Caption
Insanity defense
Defendant
45. Proof that the evidence is what it is said to be.
Authentication
Equity
Distinguishable cases
Court of record
46. 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.
Legislative intent
Exclusive jurisdiction
Retreat exception
Prima facie case
47. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Issue of first impression
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Third-party claim
48. All property that is not real property.
Vicarious representation
Professional judgment
Narrow Holding
Personal property
49. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Challenge for cause
Grand jury
Punitive damages
Reasonable suspicion
50. An opinion that disagrees with the majority's decision and its reasoning.
General jurisdiction
Assault
Overbreadth
Dissenting opinion