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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. Law that regulates how the legal system operates.
Trial courts
Verification
Compulsory joinder
Procedural law
2. A canon of construction meaning 'of the same class.:
Ejusdem generis
Derogation of the common law
Federal question jurisdiction
Nominal damages
3. Something of value exchanged to form the basis of a contract.
Recklessness
Consideration
Derogation of the common law
Legal services offices
4. Any tangible object - like a bloody glove.
Original jurisdiction
U.S. Court of Appeals
Harmless error
Real or physical evidence
5. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Unauthorized practice of law
General jurisdiction
Mistrial
Hourly rate
6. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Void for vagueness
Questions of law
Cross-claim
Mediation
7. 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
Battered woman's or spouse's syndrome
Notice pleading
Partnership
8. To perform.
Execute
Case reporters
Invasion of Privacy
Materiality
9. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Legal Reasoning
Testimonial evidence
Writ of certiorari
Quiet enjoyment
10. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Subject matter jurisdiction
Cross-examination
Clearly erroneous
11. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Tenancy in common
Successive conflict of interest
Hearsay
Exclusive jurisdiction
12. Governmental publication of court opinions.
Mens rea
Official reporter
Statute
Substantive law
13. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Directed verdict
Alternative dispute resolution (ADR)
Subject matter jurisdiction
14. A witness who has not been shown to have any special expertise.
Slip laws
Lay witness
Ejusdem generis
Civil law
15. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Bail
Tenancy in common
Subject matter jurisdiction
Holding
16. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Questions of fact
Affirm
Broad holding
Potential conflict
17. Establishes a direct link to the event that must be proven.
Issue of first impression
Appellant or petitioner
Direct evidence
Hypertext links
18. A defense requiring proof that the defendant was not mentally responsible.
Full-text database
Insanity defense
Preemption
Dissenting opinion
19. 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.
Cumulative evidence
Subsequent case history
Self-defense
Appellee or respondent
20. The revocation of an attorney's license.
Contingency Fee
Internet
Pretrial motion
Disbarment
21. A provision that purports to waive liability.
Civil law
Exculpatory clause
Affirmative defense
Statutory element
22. The questioning of your own witness.
Subject matter jurisdiction
Prima facie case
Direct examination
Codification of the common law
23. A court's power to hear any type of case arising within its geographical area.
Constitutional law
Jurisdiction
General jurisdiction
Rules of criminal procedure
24. Voluntarily and knowingly subjecting oneself to danger.
Pleadings
Subpoena
Clear and convincing
Assumption of the risk
25. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Hearsay
Concluding paragraph
Contract
26. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
National Association of Legal Assistants (NALA) www.nala.org
Comparative negligence
Cross-examination
Intellectual Property
27. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Stare decisis
Competency
Court of record
Comparative negligence
28. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Confidentiality
Nominal damages
Pretrial conference
29. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Retreat exception
American Bar Association (ABA) www.abanet.org
Fact
Active Listening
30. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
No-knock warrant
Power of judicial review
Necessity
31. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Negligence
Strict construction
Potential conflict
Registration
32. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Direct evidence
Structured database
Legal malpractice
Search engine
33. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Lay witness
Model Rules of Professional Conduct
Subpoena duces tecum
Pretrial conference
34. 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
Affirm
Equity
Liberal construction
On point
35. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Guardian
Treatment
Affirmative defense
36. A claim by the defendant against the plaintiff.
Subpoena duces tecum
Contributory negligence
Concluding paragraph
Counterclaim
37. A book that contains court opinion headnotes arranged by subject matter.
Original jurisdiction
Bill of Rights
Digest
Lay witness
38. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Trial courts
Holding
Suspension
Preponderance of the evidence
39. The justified use of force to protect oneself or others.
Judicial notice
Directed verdict
Self-defense
Pretrial motion
40. An opinion that agrees with the majority's result but disagrees with the reasoning.
Fact
Legislative history
Preemption
Concurring opinion
41. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Grand jury
Substantive facts
Testimonial evidence
Assault
42. A case listed in Shepard's that cites your case.
Shepardizing
Bench trial
Appellee or respondent
Citing case
43. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Execute
Distinguishable cases
Judgment notwithstanding the verdict (judgment N.O.V.)
Indictment
44. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Request for admissions
Leading questions
Reasonable suspicion
Legislative history
45. A witness who has not been shown to have any special expertise.
Lay witness
Federalism
Count
Power of judicial review
46. 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.
Shepardizing
Headnote
Clear and convincing
Inculpatory evidence
47. Evidence that suggests the defendant's innocence.
Principle
Statute of limitations
Exculpatory evidence
Digest
48. A statement in a judicial opinion not necessary for the decision of the case.
Overbreadth
Lay advocate
Dictum
Assumption
49. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Open Questions
Mandatory authority
Cross-examination
Booking
50. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Holding
U.S. Court of Appeals
Mens rea
Prior case history