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Test your basic knowledge |
Paralegal 101
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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 questioning of an opposing witness.
Appellate or petitioner
Service
Cross-examination
Void for vagueness
2. Not factually true - but accepted by the courts as being legally true.
Successive conflict of interest
Restatement of the Law of Torts - Second
Constructive
Exclusionary rule
3. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Certificated
Registration
Reverse
Corroborative evidence
4. The party in a lawsuit against whom an appeal has been filed.
Appellate courts
Appellee or respondent
Grand jury
American Bar Association (ABA) www.abanet.org
5. The tort theory that an employer can be sued for the negligent acts of its employees.
Mediation
Respondeat superior
Insanity defense
Certificated
6. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Black-letter law
Caption
Statute
7. The judge informs the jurors of the law they need to know to make their decision.
Comparative negligence
Plain view doctrine
Charging the jury
Arrest
8. A token sum awarded when liability has been found but monetary damages cannot be shown.
Materiality
Judgment
Nominal damages
U.S. Supreme Court
9. All property that is not real property.
Citing case
Personal property
Power of judicial review
Complaint
10. A trial court error that is not sufficient to warrant reversing the decision.
En banc
Reverse
Conflict of interest
Harmless error
11. The failure to act reasonably under the circumstances.
Concurring opinion
Administrative law
Negligence
Judgment notwithstanding the verdict (judgment N.O.V.)
12. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Property law
Tenancy in common
Product misuse
Consideration
13. Law that regulates how the legal system operates.
Canons of construction
Procedural law
Ejusdem generis
Overbreadth
14. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Appellee or respondent
Assault
Legislative intent
15. The publication of false statements that harm a person's reputation.
Defamation
Paralegal
Retainer
Canons of construction
16. A grand jury's written accusation that a given individual has committed a crime.
Reasonable suspicion
Holding
Indictment
Agent
17. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Prior case history
Diversity jurisdiction
Power of judicial review
Leading questions
18. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Booking
Potential conflict
Separation of powers
Summons
19. 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.
Deposition
Comparative negligence
Plaintiff
Actual cause
20. 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.
Federal question jurisdiction
Service
Federalism
Preponderance of the evidence
21. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Warrant
Procedural law
Evidence
Beyond a reasonable doubt
22. A tangible object or a right or ownership interest.
Battered woman's or spouse's syndrome
Legal Research
Property
Harmless error
23. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Warrant
Recidivist
Loislaw
Issue of first impression
24. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Legal clinic
Reversible error
Guardian
Unauthorized practice of law
25. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Limited liability partnership (LLP)
Subsequent case history
Writ of certiorari
Arbitration
26. The result reached in a particular case.
Federal question jurisdiction
Disposition
Entrapment
Treatment
27. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Partnership
Model Rules of Professional Conduct
Affirmative defense
Issue
28. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Analogous cases
Disbarment
Real Property
29. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Judicial review
Warrant
Hearsay
Cross-claim
30. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
per curium
Official reporter
Specific performance
Notice pleading
31. 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.
Holding
Directed verdict
Documentary evidence
Case citation
32. Governmental publication of court opinions.
Official reporter
Active Listening
Secondary authority
Insanity defense
33. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Procedural facts
Hearsay
Proving a case within a case
Agent
34. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Inculpatory evidence
Legal services offices
Hypertext links
Model Rules of Professional Conduct
35. Rules and regulations created by administrative agencies.
Subpoena
12(b)(6) motion
Administrative law
Hearsay
36. An opinion that agrees with the majority's result but disagrees with its reasoning.
Negligence per se
Common law
Concurring opinion
Real Property
37. Indirect evidence - used to prove facts by implication.
Subsequent case history
Circumstantial evidence
Directed verdict
Plain meaning
38. A trial court error that is not sufficient to warrant reversing the decision.
Respondeat superior
Certified
Harmless error
Plain meaning
39. A method for excusing a prospective juror; no reason need be given.
Reversible error
Peremptory challenge
Minor premise
Personal jurisdiction
40. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Materiality
Legal fiction
Class action suit
Default judgment
41. Generally accepted legal principles.
Stop and frisk
Reversible error
Expert witness
Black-letter law
42. The power of a court to force a person to appear before it.
Personal jurisdiction
Legal fiction
Rule
U.S. district courts
43. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Headnote
Liberal construction
Exigent circumstances
Class action suit
44. 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.
Appellant or petitioner
Contingency fee
Shepardizing
National Association of Legal Assistants (NALA) www.nala.org
45. The party in a case who has initiated an appeal.
Affirmative defense
Shepardizing
Appellate or petitioner
Invasion of Privacy
46. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Counterclaim
Consideration
Legal Reasoning
Judicial restraint
47. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
U.S. Supreme Court
Freelance Paralegal
Contingency fee
Ethical wall or screen or cone of silence
48. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Corroborative evidence
Products liability
Writ of execution
Recklessness
49. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Registration
Bailment
Rule 56 motion (summary judgment motion)
Cause of action
50. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Implied warranty of habitability
Retreat exception
Disposition
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