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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 court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Transition
Clear and convincing
Intentional tort
2. A right to use property owned by another for a limited purpose.
Appellant or petitioner
Easement
Tickler System
Fixed Fee
3. A national voluntary organization of lawyers.
Mediation
American Bar Association (ABA) www.abanet.org
Judgment notwithstanding the verdict (judgment N.O.V.)
Compulsory joinder
4. The tort theory that an employer can be sued for the negligent acts of its employees.
Proving a case within a case
Respondeat superior
Questions of law
Slip laws
5. Cases that involve similar facts and rules of law.
Peremptory challenge
Internet
Analogous cases
M'Naghten test
6. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Tenancy in common
Subpoena
Testimonial evidence
Substantive facts
7. When only one court has the power to hear a case.
Recidivist
Exclusive jurisdiction
Writ of certiorari
Loislaw
8. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Complaint
Entrapment
Substantial capacity test
Mediation
9. 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.
General jurisdiction
Court of record
Contributory negligence
Suspension
10. The questioning of an opposing witness.
Questions of fact
Professional Corporation (PC)
Cross-examination
Appellate brief
11. The new legal principle established by a court opinion.
Holding
Concurrent conflict of interest
Legal malpractice
Diversity jurisdiction
12. Rules of conduct promulgated and enforced by the government.
Laws
Judgment proof
Tickler System
Contingency fee
13. A court opinion that establishes new law in an important area.
Landmark decision
Bench trial
Easement
Reverse
14. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Motion in limine
Minimum contacts
Treatment
Leading question
15. Disregarding a substantial and unjustifiable risk that harm will result.
Original jurisdiction
On all fours
Recklessness
Subpoena
16. A statute establishing and setting out the powers of an administrative agency.
Concurring opinion
Jurisdiction
Enabling act
Evidence
17. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Appellee or respondent
Arrest
Code
18. A defendant's personal promise to appear in court.
Personal recognizance bond
Negligence
Mistrial
Arbitration
19. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Disbarment
Contributory negligence
Legal writing
20. The first ten amendments to the U.S. Constitution.
Lay witness
Testimonial evidence
Guardian
Bill of Rights
21. Courts that determine whether lower courts have made errors of law.
Appellate courts
Conflict of interest
Deposition
Recidivist
22. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Exclusionary rule
Statutory element
Cause of action
Count
23. The revocation of an attorney's license.
Booking
Structured database
Disbarment
Vicarious representation
24. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Official reporter
Challenge for cause
Circumstantial evidence
Administrative law
25. The division of governmental power among the legislative - executive - and judicial branches.
Invasion of Privacy
Original jurisdiction
Separation of powers
Billable hours
26. The person who is being asked questions at a deposition.
Legal Research
Reverse
Pretrial conference
Deponent
27. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Appellee or respondent
Double jeopardy
Affirmative defense
Materiality
28. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Consideration
Tort law
Compensatory damages
29. All property that is not real property.
Count
Subsequent case history
Personal property
Notice
30. Bad act.
American Bar Association (ABA) www.abanet.org
Nolo contendere
Actus rea
Concurrent conflict of interest
31. The rule that in order to claim self-defense there must have been no possibility of retreat.
Booking
Tenancy in common
Inculpatory evidence
Retreat exception
32. 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.
Specific performance
Removal
Cross-examination
Legislative history
33. A token sum awarded when liability has been found but monetary damages cannot be shown.
Battered woman's or spouse's syndrome
Nominal damages
Directed verdict
Personal jurisdiction
34. A constitutional protection against being tried twice for the same crime.
Equity
Arbitration
Insanity defense
Double jeopardy
35. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Count
Digest
Notice
Remedial statute
36. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Cause of action
Issue
Third-party claim
Hypertext links
37. Federal and state rules that govern the admissibility of evidence in court.
Unofficial reporter
Rules of evidence
Procedural law
Stare decisis
38. A public or private statement that an attorney's conduct violated the code of ethics.
Actual cause
Reprimand or censure
Counterclaim
Nolo contendere
39. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Concurrent jurisdiction
Duress
Evidence
Fruit of the poisonous tree doctrine
40. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Appellee or respondent
Bail
Pinpoint cite
Adverse possession
41. Generally accepted legal principles.
Appellate or petitioner
Clear and convincing
Black-letter law
Reasonable suspicion
42. 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.
Booking
Intentional tort
Subsequent case history
Adverse possession
43. Written questions sent by one side to the opposing side - answered under oath.
Legal Research
Original jurisdiction
Interrogatories
Double jeopardy
44. A trial conducted without a jury.
Expert witness
Bench trial
Limited jurisdiction
International Paralegal Management Association (IPMA) www.paralegal management.org
45. Questions relating to what happened: who - what - when - where - and how.
Laws
Direct evidence
Paralegal
Questions of fact
46. The party in a lawsuit against whom an appeal has been filed.
Leading questions
Search engine
Appellee or respondent
Proximate cause
47. 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.
Confidentiality
Minor premise
Annotated statutes
Adverse possession
48. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Motion to require a finding of not guilty
Certified
Treatment
Retainer
49. 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.
Invasion of Privacy
Major premise
Statute of limitations
Authentication
50. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Disbarment
Hearsay
Motion