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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 decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Hypertext links
Statute in derogation of the common law
Lay advocate
Reverse
2. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Jurisdiction
Relevancy
Official reporter
Exculpatory evidence
3. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Motion to suppress
Assumption of the risk
Legal fiction
Self-defense
4. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Exigent circumstances
Products liability
Strict construction
5. 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
Major premise
Rule 56 motion (summary judgment motion)
Limited liability partnership (LLP)
Appellee or respondent
6. In a case brief - the general legal principle in existence before the case began.
Materiality
Rule
Affirmative defense
Fact
7. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Dictum
Lay advocate
Summary jury trials
Reverse
8. A summary of one legal point in a court opinion; written by the editors at West.
Search engine
Headnote
Hourly rate
Retainer agreement
9. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Legal technician
Interrogatories
Removal
10. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Assumption
Pleadings
Legislative history
11. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Statute of limitations
Full-text searches
Concluding paragraph
Legal Reasoning
12. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Lexis
Mens rea
Direct evidence
13. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Nolo contendere
Restatement of the Law of Torts - Second
Tort law
14. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Reverse
Caption
Constructive
Leading question
15. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Assumption of the risk
Doctrine of implied powers
Distinguishable cases
Guardian
16. Not factually true - but accepted by the courts as being legally true.
Alternative dispute resolution (ADR)
Constructive
Pretrial conference
Rules of criminal procedure
17. A national paralegal association.
Federalism
Appellate or petitioner
National Association of Legal Assistants (NALA) www.nala.org
Corroborative evidence
18. 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
Restatement of the Law of Torts - Second
Writ of habeas corpus
Battered woman's or spouse's syndrome
19. 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.
Third-party claim
Vicarious representation
Competency
Retainer agreement
20. The modern pretrial procedure by which one party gains information from the adverse party.
Notice
Discovery
Laws
Agent
21. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Valid
Voir dire
Contributory negligence
22. Establishes a direct link to the event that must be proven.
Criminal law
Direct evidence
Fruit of the poisonous tree doctrine
Persuasive authority
23. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Prior case history
Vicarious representation
Self-defense
24. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Discovery
Product misuse
Full-text searches
25. A defendant's personal promise to appear in court.
Ethical wall or screen or cone of silence
Personal recognizance bond
Property law
Duress
26. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Vicarious representation
Eminent Domain
Entrapment
27. 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.
Hearsay
Search engine
Distinguishable cases
Minor premise
28. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Mens rea
Pinpoint cite
Contributory negligence
Negligence
29. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Code
Codification of the common law
Limited liability partnership (LLP)
Warrant
30. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Retainer agreement
Compulsory joinder
Count
31. The opinion of a jury on a question of fact.
Client trust account
Billable hours
Road Map paragraph
Verdict
32. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Trial courts
Appellate or petitioner
Professional Corporation (PC)
33. The power of a court to hear a case.
Original jurisdiction
Jurisdiction
Relevancy
Annotated statutes
34. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Lay a foundation
Narrow Holding
Tickler System
Necessity
35. 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
Pleadings
Recklessness
Concurrent jurisdiction
36. Generally - an emergency situation that allows a search to proceed without a warrant.
Canons of construction
Exigent circumstances
Appellate or petitioner
Trial courts
37. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Black-letter law
Inculpatory evidence
U.S. Supreme Court
38. A person who initiates a lawsuit.
Reverse
Documentary evidence
Plaintiff
Federalism
39. Simultaneously representing adverse clients.
International Paralegal Management Association (IPMA) www.paralegal management.org
Open Questions
Bill of Rights
Concurrent conflict of interest
40. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Eminent Domain
Restrictive covenant
Shepardizing
Warrant
41. A statute establishing and setting out the powers of an administrative agency.
Headnote
Active Listening
Tenancy by the entirety
Enabling act
42. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Nolo contendere
Standing
Grand jury
Legal technician
43. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Stop and frisk
Treatment
Nominal damages
Concurrent conflict of interest
44. A temporary transfer of personal property to someone other than the owner for a specified purpose.
En banc
Legislative history
Respondeat superior
Bailment
45. Bad act.
Actus rea
Partnership
Derogation of the common law
Tenancy in common
46. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Voir dire
Judgment notwithstanding the verdict (judgment N.O.V.)
En banc
Subpoena duces tecum
47. The power of the federal courts to hear matters of federal law.
Proving a case within a case
Affirmative defense
Federal question jurisdiction
Arraignment
48. Written questions sent by one side to the opposing side - answered under oath.
Original jurisdiction
Exclusive jurisdiction
Affirmative defense
Interrogatories
49. Bad intent.
Attorney-client privilege
Legislative intent
Mens rea
Tenancy by the entirety
50. Liability without a showing of fault.
Strict liability
Regulation
Mistrial
Conflict of interest