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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. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Documentary evidence
Recklessness
Reverse
2. Land and objects permanently attached to land.
Real property
Dissenting opinion
Mens rea
Proximate cause
3. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
per curium
Regulation
Summons
Statutes at large or session laws
4. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Nominal damages
Potential conflict
Judicial review
5. A statute establishing and setting out the powers of an administrative agency.
Motion
Statute
Enabling act
Holding
6. An opinion in which a majority of the court joins.
Jurisdiction
Clearly erroneous
Assault
Majority opinion
7. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Overrule
Motion for a new trial
Partnership
Code of Federal Regulations (C.F.R.)
8. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Preponderance of the evidence
Plaintiff
Products liability
Cause of action
9. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Civil law
Harmless error
Legal clinic
Affirmative defense
10. Being informed of some act done or about to be done.
Westlaw
Cross-examination
Notice
Lay advocate
11. Cases that involve different facts and/or rules of law.
Partnership
Distinguishable cases
Administrative law
Materiality
12. A witness who has not been shown to have any special expertise.
Void for vagueness
Lay witness
Retainer agreement
Paralegal
13. Proof that the evidence is what it is said to be.
Nominal damages
Secondary authority
Authentication
Request for admissions
14. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Exculpatory clause
International Paralegal Management Association (IPMA) www.paralegal management.org
Preemption
15. A calendering system that records key dates and important deadlines.
Tickler System
Damages
Plain view doctrine
Statute of limitations
16. The process of finding the law.
Tenancy in common
Stare decisis
Legal Research
Substantive law
17. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Recklessness
Answer
Comparative negligence
Leading question
18. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Verification
Practice of law
Exigent circumstances
Reverse
19. A national voluntary organization of lawyers.
Actual cause
Rules of evidence
American Bar Association (ABA) www.abanet.org
Bench trial
20. Without the need for a warrant - the police may seize objects that are openly visible.
Motion to suppress
Nominal damages
Pretrial conference
Plain view doctrine
21. The failure of an attorney to act reasonably.
Double jeopardy
Certificated
Limited jurisdiction
Legal malpractice
22. When a higher court agrees with what lower court has done.
Reverse
Retreat exception
Affirm
Issue of first impression
23. A national association of paralegal managers.
Overbreadth
Complaint
Certificated
International Paralegal Management Association (IPMA) www.paralegal management.org
24. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Appellate brief
Transition
Specific performance
Legal services offices
25. The pretrial oral questioning of a witness under oath.
Assumption of the risk
Deposition
Writ of certiorari
Judicial activism
26. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Appellate or petitioner
Ethical wall or screen or cone of silence
Equity
27. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Partnership
Mistrial
Issue of first impression
Appellee or respondent
28. Information that can be presented in a court of law as proof of some fact.
Limited jurisdiction
Plain view doctrine
Evidence
Writ of certiorari
29. Bad intent.
Regulation
Mens rea
Tenancy in common
Injunction
30. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Motion in limine
Issue
Cross-examination
Count
31. 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.
Execute
Limited jurisdiction
Concurring opinion
Cause of action
32. The papers that begin a lawsuit-generally - the complaint and the answer.
Persuasive authority
Rule
Products liability
Pleadings
33. 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.
Statute of limitations
Verification
Affirm
Direct examination
34. Liability without having to prove fault.
Reversible error
Strict liability
Challenge for cause
Unofficial reporter
35. When an appellate court overturns or negates the decision of a lower court.
Product misuse
Complaint
Enabling act
Reverse
36. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Civil law
Legal Reasoning
Legal technician
Appellate brief
37. The power of a court to force a person to appear before it.
Personal jurisdiction
Tenancy in common
Warrant
Questions of fact
38. 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.
Disposition
Professional judgment
Motion for a new trial
Real or physical evidence
39. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Secondary authority
Treatment
Assumption of the risk
Restatement of the Law of Torts - Second
40. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Evidence
Codification of the common law
Distinguishable cases
41. 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.
Circumstantial evidence
Tenancy in common
Motion in limine
Minor premise
42. Monetary compensation - including compensatory - punitive - and nominal damages.
Entrapment
Damages
Comparative negligence
Confidentiality
43. Establishes a direct link to the event that must be proven.
Mandatory authority
Client trust account
Direct evidence
Legal fiction
44. A provision that purports to waive liability.
Ejusdem generis
Headnote
Exculpatory clause
Best evidence rule
45. Courts that determine the facts and apply the law to the facts.
Harmless error
Trial courts
Questions of fact
Appellate brief
46. 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.
Direct examination
Legislative history
Slip laws
Procedural law
47. 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.
Defendant
Retainer agreement
Grand jury
Appellate brief
48. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
Deponent
Assault
Remand
49. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Concurring opinion
Procedural law
Direct evidence
50. The power of the federal courts to hear matters of federal law.
Writ of execution
Westlaw
Federal question jurisdiction
Exigent circumstances