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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. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Case citation
Strict construction
Legal services offices
Voir dire
2. A computerized database that contains the full text of documents - such as court opinions or depositions.
Stare decisis
Proving a case within a case
Full-text database
Diversity jurisdiction
3. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Beyond a reasonable doubt
Treatment
Proximate cause
Plain meaning
4. A compilation of federal administrative regulations arranged by agency.
General jurisdiction
Reverse
Code of Federal Regulations (C.F.R.)
Request for admissions
5. A defense requiring proof that the defendant was not mentally responsible.
Plaintiff
Ethical wall or screen or cone of silence
Insanity defense
Fact
6. An approach whereby the courts give a statute a narrow interpretation.
Legislative history
Recklessness
Strict construction
Caption
7. A bank account used to hold money belonging to the client or to a third party.
Unauthorized practice of law
Compensatory damages
Secondary authority
Client trust account
8. Land and objects permanently attached to land.
Exculpatory clause
Proximate cause
per curium
Real property
9. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Assumption of the risk
Successive conflict of interest
Headnote
Challenge for cause
10. Something of value exchanged to form the basis of a contract.
Consideration
Model Rules of Professional Conduct
Eminent Domain
Partnership
11. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Citing case
Proving a case within a case
Evidence
12. 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.
Exclusive jurisdiction
Notice
Lay a foundation
Legislative history
13. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
Model Rules of Professional Conduct
Relevancy
Comparative negligence
14. 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.
Case reporters
Personal property
Statutes of limitations
Majority opinion
15. A business run by two or more persons as co-owners.
Judgment notwithstanding the verdict (judgment N.O.V.)
Statutes of limitations
Statute of limitations
Partnership
16. The publication of false statements that harm a person's reputation.
Strict liability
Verification
Subject matter jurisdiction
Defamation
17. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Dictum
On point
Recklessness
18. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Mens rea
Holding
Irresistible impulse test
19. The new legal principle established by a court opinion.
Preponderance of the evidence
Constructive
Holding
Potential conflict
20. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Writ of execution
Clearly erroneous
Cause of action
En banc
21. Law that deals with harm to society as a whole.
Judgment notwithstanding the verdict (judgment N.O.V.)
Criminal law
Hourly rate
Bailment
22. The number of hours - or parts of an hour - that can be charged to a specific client.
Loislaw
Federal question jurisdiction
Billable hours
Potential conflict
23. A court order requiring a person to appear to testify at a trial or deposition.
Holding
Documentary evidence
Professional Corporation (PC)
Subpoena
24. A grand jury's written accusation that a given individual has committed a crime.
Comparative negligence
Specific performance
Indictment
Directed verdict
25. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Punitive damages
Restatement of the Law of Torts - Second
Mistrial
26. Courts that determine whether lower courts have made errors of law.
Appellate courts
Enabling act
Jurisdiction
Voir dire
27. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Request for admissions
Cross-claim
Common law
Writ of habeas corpus
28. The power of a court to hear a particular type of case.
Execute
Subject matter jurisdiction
Questions of fact
Agent
29. The rules whereby all members of a law firm are treated as though they had represented the former client.
Direct evidence
Vicarious representation
Real property
Legal malpractice
30. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Statutes at large or session laws
Case reporters
Void for vagueness
Execute
31. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
No-knock warrant
Plain meaning
Dissenting opinion
Hearsay
32. A form in which statutes are published; they are printed individually at the time they are first enacted.
Corroborative evidence
Slip laws
Preemption
Common law
33. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Reverse
Double jeopardy
Restrictive covenant
34. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
Lay witness
Plaintiff
Recidivist
35. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Statute of limitations
Comparative negligence
Entrapment
Legal malpractice
36. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Affirmative defense
Reverse
Prima facie case
Full-text searches
37. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Codification
Strict liability
Restatement of the Law of Torts - Second
38. Federal and state rules that govern the admissibility of evidence in court.
Expert witness
Judgment notwithstanding the verdict (judgment N.O.V.)
Rules of evidence
On point
39. A trial conducted without a jury.
Bench trial
Narrow Holding
Judgment notwithstanding the verdict (judgment N.O.V.)
M'Naghten test
40. 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.
Affirm
Tenancy in common
Concurrent conflict of interest
Eminent Domain
41. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Minor premise
Concluding paragraph
Affirmative defense
Substantive facts
42. Cases that involve similar facts and rules of law.
Analogous cases
Primary authority
Case citation
Minimum contacts
43. A national paralegal association.
Dissenting opinion
Westlaw
Mistrial
National Association of Legal Assistants (NALA) www.nala.org
44. When more than one court has jurisdiction to hear a case.
Suspension
Count
Concurrent jurisdiction
Judicial restraint
45. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Black-letter law
Contributory negligence
Appellate courts
Legal Reasoning
46. The failure to act reasonably under the circumstances.
Appellate courts
Affirm
Regulation
Negligence
47. A claim by the defendant against the plaintiff.
Mens rea
Lexis
Service
Counterclaim
48. Disregarding a substantial and unjustifiable risk that harm will result.
Personal property
Prior case history
Recklessness
Authentication
49. In a complaint - one cause of action.
Judicial restraint
Count
Attorney-client privilege
Tort law
50. Bad intent.
Comparative negligence
Mens rea
Ethical wall or screen or cone of silence
Full-text searches