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 request made to the court.
Limited liability partnership (LLP)
Tenancy in common
Legal clinic
Motion
2. An intentional act that creates a harmful or offensive physical contact.
Prima facie case
Pinpoint cite
Battery
Holding
3. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Entrapment
Shepardizing
Expert witness
Motion for a new trial
4. A fee calculated as a percentage of the settlement or award in the case.
Paralegal
Evidence
Limited jurisdiction
Contingency Fee
5. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Ethical wall or screen or cone of silence
Concurrent jurisdiction
Minor premise
Reversible error
6. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Battery
Compensatory damages
Majority opinion
Materiality
7. In a case brief - the rule of law applied to the case's specific facts.
Implied warranty of habitability
Issue
Real or physical evidence
Agent
8. Liability without having to prove fault.
U.S. district courts
Motion in limine
Entrapment
Strict liability
9. 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
Tenancy in common
Rule 56 motion (summary judgment motion)
Bill of Rights
Battery
10. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Broad holding
U.S. Supreme Court
Remedial statute
11. Law dealing with ownership.
Syllabus
Property law
Reverse
Reverse
12. Generally - an emergency situation that allows a search to proceed without a warrant.
Testimonial evidence
Exigent circumstances
Ejusdem generis
Dissenting opinion
13. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Substantial capacity test
Court of record
Holding
Procedural law
14. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Certificated
Defendant
Regulation
Evidence
15. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Rules of evidence
Relevancy
Doctrine of implied powers
Answer
16. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Lexis
Liberal construction
Client trust account
Comparative negligence
17. In a case brief - facts that deal with what happened to the parties before the litigation began.
Notice
Substantive facts
Procedural facts
Rules of criminal procedure
18. A meeting of the attorneys and the judge prior to the beginning of the trial.
Cumulative evidence
Full-text database
Original jurisdiction
Pretrial conference
19. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Legal services offices
Caption
Dictum
20. A court order authorizing a sheriff to take property in order to enforce a judgment.
General jurisdiction
Exhaustion of administrative remedies
Writ of execution
Negligence
21. Questions that suggest the answer.
Leading questions
Headnote
Westlaw
Valid
22. Governmental publication of court opinions.
Original jurisdiction
Materiality
Legislative intent
Official reporter
23. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Judgment
Original jurisdiction
Guardian
Ethical wall or screen or cone of silence
24. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Leading questions
Secondary authority
Remedial statute
Dismissal with prejudice
25. 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
Standing
Rules of criminal procedure
Void for vagueness
26. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Syllabus
Power of judicial review
Negligence per se
27. A calendering system that records key dates and important deadlines.
Tickler System
Lay witness
Compulsory joinder
Code of Federal Regulations (C.F.R.)
28. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Principle
Remedial statute
Plain meaning
29. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Concluding paragraph
Double jeopardy
Entrapment
30. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Legal services offices
Insanity defense
Minimum contacts
Standing
31. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Subsequent case history
Assumption of the risk
Persuasive authority
32. The questioning of an opposing witness.
Constitutional law
Booking
Cross-examination
Concurrent jurisdiction
33. The failure of an attorney to act reasonably.
Appellate courts
Clear and convincing
Trial courts
Legal malpractice
34. A determination that an attorney may not practice law for a set period of time.
Suspension
Legal clinic
Loislaw
Hearsay
35. Voluntarily and knowingly subjecting oneself to danger.
Rules of criminal procedure
Fixed Fee
Assumption of the risk
Valid
36. A court's prior permission for the police to search and seize.
Appellate or petitioner
Direct examination
Motion in limine
Warrant
37. The party in a case against whom an appeal has been filed.
Power of judicial review
Judicial review
Specific performance
Appellee or respondent
38. Indirect evidence - used to prove facts by implication.
Appellate or petitioner
Property
Substantive facts
Circumstantial evidence
39. 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
Concurrent jurisdiction
Citing case
Pretrial motion
40. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mandatory authority
Mistrial
Retreat exception
Certified
41. The papers that begin a lawsuit-generally - the complaint and the answer.
12(b)(6) motion
Trial courts
Jurisdiction
Pleadings
42. 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.
per curium
Cumulative evidence
Substantive facts
Motion to require a finding of not guilty
43. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Materiality
Judgment proof
Hearsay
Judicial review
44. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Personal property
Appellate courts
Void for vagueness
National Federation of Paralegal Associations (NFPA) www.paralegals.org
45. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Internet
Legal Reasoning
Affirm
Appellate brief
46. Law that regulates how the legal system operates.
Procedural law
False imprisonment
Motion
Practice of law
47. 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
Legal writing
Concurrent jurisdiction
Popular name table
Stare decisis
48. The party in a case who has initiated an appeal.
Canons of construction
Products liability
Appellate or petitioner
U.S. Court of Appeals
49. The requirement that relief be sought from an administrative agency before proceeding to court.
Freelance Paralegal
Circumstantial evidence
Exhaustion of administrative remedies
Common law
50. A book that contains court opinion headnotes arranged by subject matter.
On all fours
Exculpatory evidence
Contingency Fee
Digest