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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 separable part of a statute that must be satisfied for the statute to apply.
Road Map paragraph
Statutory element
Subject matter jurisdiction
Defendant
2. Something of value exchanged to form the basis of a contract.
Consideration
Retreat exception
Personal property
Remand
3. Any tangible object - like a bloody glove.
Real property
Real or physical evidence
Direct examination
Hearsay
4. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
U.S. Supreme Court
Entrapment
Headnote
5. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Subsequent case history
Major premise
Contributory negligence
Overrule
6. A canon of construction meaning 'of the same class.:
Citation
Legal fiction
Implied warranty of habitability
Ejusdem generis
7. The failure to act reasonably under the circumstances.
Discovery
Equity
Legal services offices
Negligence
8. A pamphlet inserted into the back of a book containing information new since the volume was published.
Harmless error
Hypertext links
Pocket part
Tenancy by the entirety
9. A constitutional protection against being tried twice for the same crime.
Answer
Structured database
Black-letter law
Double jeopardy
10. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
False imprisonment
Injunction
Punitive damages
11. An actual incident or condition; not a legal consequence.
Limited jurisdiction
Notice pleading
Fact
M'Naghten test
12. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Full-text database
Statutes at large or session laws
Conflict of interest
Unauthorized practice of law
13. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Contract
Reprimand or censure
Broad holding
Bill of Rights
14. A witness who has not been shown to have any special expertise.
Personal recognizance bond
Lay witness
Easement
Jurisdiction
15. When an appellate court sends a case back to the trial court for a new trial or other action.
Appellate brief
Stare decisis
Potential conflict
Remand
16. 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.
Legal technician
Statutes at large or session laws
Substantive law
Loislaw
17. A witness who has not been shown to have any special expertise.
Circumstantial evidence
Exhaustion of administrative remedies
Lay witness
Major premise
18. An approach whereby the courts give a statute a broad interpretation.
Execute
Liberal construction
Freelance Paralegal
Battered woman's or spouse's syndrome
19. 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.
Procedural law
Criminal law
Implied warranty of habitability
Actual cause
20. A determination that an attorney may not practice law for a set period of time.
Consideration
False imprisonment
Suspension
Damages
21. Information that can be presented in a court of law as proof of some fact.
Attorney-client privilege
Entrapment
Motion for a new trial
Evidence
22. Questions relating to the interpretation or application of the law.
Questions of law
Implied warranty of habitability
Direct evidence
Motion to require a finding of not guilty
23. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Warrant
Execute
Suspension
Legal services offices
24. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Motion for a new trial
Hypertext links
Personal property
Certificated
25. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Procedural facts
Comparative negligence
Liberal construction
Doctrine of implied powers
26. 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.
Analogous cases
Competency
Guardian
Restatement of the Law of Torts - Second
27. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Relevancy
Irresistible impulse test
Arrest
Summary jury trials
28. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bailment
Majority opinion
Motion
Professional judgment
29. A book that contains court opinion headnotes arranged by subject matter.
Liberal construction
Digest
Cross-examination
Partnership
30. A trial court error that is not sufficient to warrant reversing the decision.
Judicial activism
Joint tenancy
Legal clinic
Harmless error
31. 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.
Appellate brief
Legal fiction
Closed Questions
Contributory negligence
32. 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
Pinpoint cite
Diversity jurisdiction
Appellate or petitioner
33. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
Enabling act
Arbitration
Original jurisdiction
34. A court order authorizing a sheriff to take property in order to enforce a judgment.
Common law
Procedural law
Writ of execution
Full-text database
35. 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
Transition
Equity
Entrapment
Retreat exception
36. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Appellate brief
False imprisonment
Comparative negligence
Laws
37. Information about the law - such as that contained in encyclopedias and law review articles.
Annotated statutes
Secondary authority
Preponderance of the evidence
Caption
38. The questioning of an opposing witness.
Battery
Cross-examination
Proximate cause
Product misuse
39. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Interrogatories
Booking
Disbarment
On all fours
40. A provision that purports to waive liability.
Exculpatory clause
Arbitration
Verification
Guardian
41. A claim by the defendant against the plaintiff.
Nominal damages
Counterclaim
Road Map paragraph
Rule
42. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Defendant
Beyond a reasonable doubt
Void for vagueness
Pleadings
43. 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
Exclusionary rule
Stare decisis
Dissenting opinion
Personal jurisdiction
44. A law promulgated by an administrative agency.
Code
Full-text database
Code of Federal Regulations (C.F.R.)
Regulation
45. A calendering system that records key dates and important deadlines.
Cumulative evidence
Remedial statute
Booking
Tickler System
46. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Registration
Punitive damages
Citation
Dissenting opinion
47. Violation of a statute as proof of negligence
Negligence per se
Inculpatory evidence
Reasonable suspicion
Westlaw
48. When more than one court has jurisdiction to hear a case.
Black-letter law
Concurrent jurisdiction
Liberal construction
Legal Research
49. In a case brief - the rule of law applied to the case's specific facts.
Products liability
Codification of the common law
Issue
Tenancy by the entirety
50. When only one court has the power to hear a case.
Exclusive jurisdiction
Eminent Domain
Verification
On all fours