SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 that ends a lawsuit; the suit cannot be refiled by the same parties.
Guardian
Motion
Landmark decision
Dismissal with prejudice
2. 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.
Prima facie case
Clearly erroneous
Strict liability
Void for vagueness
3. The questioning of your own witness.
Eminent Domain
Restrictive covenant
Direct examination
Paralegal
4. The failure to act reasonably under the circumstances.
Grand jury
Negligence
Counterclaim
Defamation
5. General principles that guide the courts in their interpretation of statutes.
Judgment
Canons of construction
Lay witness
Answer
6. To perform.
Execute
Prior case history
Issue of first impression
Issue
7. 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.
Retainer
Directed verdict
En banc
Negligence per se
8. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Retainer
Recidivist
Testimonial evidence
Default judgment
9. The process of organizing statutes by subject matter.
Codification
Treatment
Directed verdict
Third-party claim
10. The court's power to review statutes to decide whether they conform to the Constitution.
Disposition
Judicial review
Plea bargaining
Paralegal
11. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Caption
Execute
Limited liability partnership (LLP)
12. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Annotated statutes
Constitutional law
Exclusionary rule
Leading question
13. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Nominal damages
On all fours
Notice pleading
Derogation of the common law
14. An intentional act that creates a harmful or offensive physical contact.
Battery
Writ of execution
Best evidence rule
Exhaustion of administrative remedies
15. An opinion that disagrees with the majority's decision and reasoning.
Paralegal
Dissenting opinion
American Bar Association (ABA) www.abanet.org
Motion for a new trial
16. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Principle
Codification of the common law
Real property
Hearsay
17. The failure of an attorney to act reasonably.
Registration
Reasonable suspicion
Distinguishable cases
Legal malpractice
18. Evidence that does not add any new information but that confirms facts that already have been established.
Peremptory challenge
Cumulative evidence
Charging the jury
Appellate brief
19. Indirect evidence - used to prove facts by implication.
Personal jurisdiction
Prima facie case
Appellant or petitioner
Circumstantial evidence
20. A national paralegal association.
Enabling act
Reverse
Damages
National Association of Legal Assistants (NALA) www.nala.org
21. Money is awarded to a plaintiff in payment for his or her actual losses.
Procedural facts
Shepardizing
Authentication
Compensatory damages
22. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Attorney-client privilege
Overrule
Subsequent case history
Double jeopardy
23. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
24. The process of properly identifying and authenticating evidence so that it can be introduced.
Statutes at large or session laws
Issue
Lay a foundation
Appellate courts
25. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Pocket part
Transition
Legal writing
Practice of law
26. A defendant's personal promise to appear in court.
Personal recognizance bond
Stare decisis
Judicial notice
Laws
27. The power of a court to hear a case.
Judicial restraint
Mediation
Procedural law
Jurisdiction
28. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Comparative negligence
Constitutional law
Black-letter law
29. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Minimum contacts
Stop and frisk
Real Property
Professional judgment
30. 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.
Invasion of Privacy
Execute
Entrapment
Motion to require a finding of not guilty
31. A tort committed by one who intends to do the act that creates the harm.
Default judgment
Intentional tort
Pattern jury instructions
Retainer
32. A national voluntary organization of lawyers.
Canons of construction
Comparative negligence
American Bar Association (ABA) www.abanet.org
Official reporter
33. Proof that the evidence is what it is said to be.
Tenancy by the entirety
Authentication
Exigent circumstances
Leading question
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
Minor premise
Equity
Liberal construction
Harmless error
35. Land and objects permanently attached to land.
Indictment
Judicial activism
Peremptory challenge
Real property
36. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Civil law
Warrant
Treatment
Pocket part
37. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Legal Research
Valid
Disbarment
Lay advocate
38. The number of hours - or parts of an hour - that can be charged to a specific client.
Strict construction
Statute
Bailment
Billable hours
39. A book that contains court opinion headnotes arranged by subject matter.
Nolo contendere
Black-letter law
Digest
Minimum contacts
40. A defense whereby the defendant offers new evidence to avoid judgment.
Notice pleading
Procedural law
Affirmative defense
Eminent Domain
41. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Constructive
Federalism
Answer
Overrule
42. 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.
Model Rules of Professional Conduct
Concurrent conflict of interest
Intellectual Property
Minor premise
43. Bad intent.
Unofficial reporter
Corroborative evidence
Service
Mens rea
44. Law that creates rights and duties.
Practice of law
Substantive law
Class action suit
Relevancy
45. In logic - a belief that justifies one in arguing a conclusion.
False imprisonment
Dismissal with prejudice
Circumstantial evidence
Assumption
46. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Jurisdiction
Defamation
National Association of Legal Assistants (NALA) www.nala.org
47. A repeat offender; one who continues to commit more crimes.
Restatement of the Law of Torts - Second
Remand
Actus rea
Recidivist
48. 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.
Clearly erroneous
Certified
Restrictive covenant
Plaintiff
49. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Execute
Cross-claim
Ethical wall or screen or cone of silence
Proving a case within a case
50. An opinion that agrees with the majority's result but disagrees with the reasoning.
Lay a foundation
Limited liability partnership (LLP)
Concurring opinion
Substantive law