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. 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.
Appellee or respondent
Recklessness
Legislative intent
Motion to require a finding of not guilty
2. 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.
Hearsay
Motion to suppress
Legal Research
Evidence
3. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Motion to suppress
Warrant
Registration
Bench trial
4. An opinion that agrees with the majority's result but disagrees with its reasoning.
Procedural law
Concurring opinion
Contingency Fee
Leading question
5. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Deponent
Original jurisdiction
Laws
Notice pleading
6. In logic - a belief that justifies one in arguing a conclusion.
Nolo contendere
Assumption
Relevancy
Concurring opinion
7. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Search engine
Injunction
Real Property
Comparative negligence
8. The power of a court to force a person to appear before it.
Personal jurisdiction
Double jeopardy
Derogation of the common law
Fixed Fee
9. When the defendant does not have sufficient money or other assets to pay the judgment.
Motion to require a finding of not guilty
Materiality
Judgment proof
Liberal construction
10. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Legislative intent
Booking
Deductive reasoning
11. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Defamation
Actus rea
Dissenting opinion
12. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
U.S. district courts
Judicial restraint
Constructive eviction
Summary jury trials
13. A warrant that allows the police to enter without announcing their presence in advance.
Lay advocate
Limited jurisdiction
No-knock warrant
Writ of execution
14. A claim by the defendant against the plaintiff.
Hourly rate
Reasonable suspicion
Counterclaim
Fixed Fee
15. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Subpoena duces tecum
Personal property
Mens rea
Writ of certiorari
16. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Contributory negligence
Caption
Enabling act
17. Liability without having to prove fault.
Strict liability
Actual cause
General jurisdiction
Writ of execution
18. Without the need for a warrant - the police may seize objects that are openly visible.
Equity
Exculpatory evidence
Plain view doctrine
Verdict
19. A national organization of paralegal programs that promotes high standards for paralegal education.
Personal property
American Association for Paralegal Education (AAfPE) www.aafpe.org
Documentary evidence
Motion to require a finding of not guilty
20. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Headnote
Plea bargaining
Voir dire
Valid
21. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Mens rea
Corroborative evidence
Statute in derogation of the common law
Materiality
22. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Federalism
Summary jury trials
Best evidence rule
Grand jury
23. Occurs when the police restrain a person's freedom and charge the person with a crime.
Arrest
Property
Damages
Rule 56 motion (summary judgment motion)
24. The tort theory that an employer can be sued for the negligent acts of its employees.
National Association of Legal Assistants (NALA) www.nala.org
Respondeat superior
Constructive
12(b)(6) motion
25. A national association of paralegal associations.
Road Map paragraph
Real Property
Pretrial motion
National Federation of Paralegal Associations (NFPA) www.paralegals.org
26. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Challenge for cause
Self-defense
Statute in derogation of the common law
27. The process of organizing statutes by subject matter.
Citing case
Injunction
Codification
Personal property
28. A person who initiates a lawsuit.
Remand
Deductive reasoning
Judgment proof
Plaintiff
29. The educated ability to apply law to specific facts.
Partnership
Legal fiction
Professional judgment
Issue of first impression
30. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Bailment
Restatement of the Law of Torts - Second
Original jurisdiction
En banc
31. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Subpoena duces tecum
Legislative intent
Entrapment
32. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Substantive law
Equity
Recklessness
Judicial notice
33. Consists of records - contracts - leases - wills - and other written instruments.
American Bar Association (ABA) www.abanet.org
Documentary evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
Procedural facts
34. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Cross-examination
Case citation
Nolo contendere
Res ipsa loquitur
35. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Pattern jury instructions
Strict liability
Default judgment
Procedural facts
36. 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.
Statutes of limitations
Lay a foundation
Miranda warnings
Limited liability partnership (LLP)
37. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Proximate cause
Statutes at large or session laws
False imprisonment
Code of Federal Regulations (C.F.R.)
38. The general jurisdiction trial courts in the federal system.
Court of record
Alternative dispute resolution (ADR)
U.S. district courts
Practice of law
39. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Substantive law
Direct evidence
Irresistible impulse test
Power of judicial review
40. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Dismissal with prejudice
Limited liability partnership (LLP)
M'Naghten test
41. 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.
Charging the jury
Minor premise
Case reporters
Restrictive covenant
42. A document that lists statements regarding specific items for the other party to admit or deny.
Nolo contendere
Irresistible impulse test
Request for admissions
Judgment
43. A term used to describe a case that is similar to another case.
On all fours
Codification
Confidentiality
On point
44. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Arrest
Codification of the common law
Procedural law
Plain meaning
45. Rules and regulations created by administrative agencies.
Eminent Domain
Constitutional law
Contract
Administrative law
46. A provision in a deed that prohibits specified uses of the property.
Certified
Count
On point
Restrictive covenant
47. 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.
Practice of law
Dissenting opinion
Procedural law
Legal fiction
48. In a complaint - one cause of action.
Count
Strict liability
Reverse
Subpoena
49. Monetary compensation - including compensatory - punitive - and nominal damages.
Writ of habeas corpus
Bailment
Subject matter jurisdiction
Damages
50. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Challenge for cause
Exigent circumstances
Questions of fact
Retainer agreement