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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. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Case citation
Discovery
Client trust account
Plain meaning
2. Liability without a showing of fault.
Strict liability
Rule 56 motion (summary judgment motion)
Rules of criminal procedure
Direct examination
3. A statute that changes the common law.
Statute in derogation of the common law
Cumulative evidence
Treatment
Broad holding
4. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Judicial review
Subject matter jurisdiction
Third-party claim
Tort law
5. Including more than one count in a complaint; the counts do not need to be consistent.
Professional Corporation (PC)
Constructive
Pleading in the alternative
Jurisdiction
6. The process of finding the law.
Execute
Strict liability
Legal Research
Case reporters
7. Law dealing with ownership.
Assault
Property law
Battered woman's or spouse's syndrome
Judgment proof
8. A fee calculated as a percentage of the settlement or award in the case.
Conflict of interest
Appellee or respondent
Contingency Fee
Plain meaning
9. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Probable cause
Judgment notwithstanding the verdict (judgment N.O.V.)
Exigent circumstances
Pattern jury instructions
10. 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.
Evidence
Counterclaim
Procedural facts
Attorney-client privilege
11. 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
Substantive law
Battered woman's or spouse's syndrome
Consideration
12. The division of governmental power among the legislative - executive - and judicial branches.
Court of record
Separation of powers
Appellee or respondent
Strict construction
13. Evidence that suggests the defendant's innocence.
Full-text database
Judicial activism
Exculpatory evidence
Assumption of the risk
14. 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.
Codification of the common law
Subsequent case history
Circumstantial evidence
Confidentiality
15. Specific questions that usually demand very short or yes-no answers.
Model Rules of Professional Conduct
Criminal law
Suspension
Closed Questions
16. A public or private statement that an attorney's conduct violated the code of ethics.
Confidentiality
Motion
Reprimand or censure
Common law
17. A court's prior permission for the police to search and seize.
Plain view doctrine
Issue
Rule
Warrant
18. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Rules of criminal procedure
Bail
Judicial restraint
Pleading in the alternative
19. The power of a court to hear a case.
Jurisdiction
Case reporters
Active Listening
Fruit of the poisonous tree doctrine
20. 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.
Fruit of the poisonous tree doctrine
Structured database
Property law
Pretrial motion
21. Evidence that supports previous testimony but that comes in a different form.
Insanity defense
Corroborative evidence
per curium
Pattern jury instructions
22. Law that deals with harm to a person or a person's property.
Exigent circumstances
Guardian
Tort law
Deponent
23. A trial conducted without a jury.
Bench trial
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Intellectual Property
Peremptory challenge
24. 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.
Comparative negligence
Civil law
Popular name table
Legal fiction
25. '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.
Attorney-client privilege
Remedial statute
Res ipsa loquitur
Reverse
26. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Legislative intent
Plain meaning
Answer
Full-text searches
27. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Alternative dispute resolution (ADR)
Remedial statute
Fixed Fee
Certified
28. A witness who has not been shown to have any special expertise.
Citing case
Leading questions
Lay witness
Narrow Holding
29. A national voluntary organization of lawyers.
Lexis
Evidence
American Bar Association (ABA) www.abanet.org
Respondeat superior
30. A request that the court order that certain information not be mentioned in the presence of the jury.
Leading question
Retainer
Motion in limine
Entrapment
31. An opinion that disagrees with the majority's decision and reasoning.
Constructive eviction
Writ of certiorari
Dissenting opinion
Legal malpractice
32. 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
Minor premise
Exhaustion of administrative remedies
33. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Affirm
Secondary authority
Criminal law
Writ of certiorari
34. A trial court error that is not sufficient to warrant reversing the decision.
Exigent circumstances
Harmless error
Bench trial
Cumulative evidence
35. The questioning of your own witness.
Dismissal with prejudice
Suspension
Direct examination
Property
36. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Writ of execution
Constructive eviction
Narrow Holding
37. In a case brief - facts that deal with what happened to the parties before the litigation began.
Professional judgment
Rules of evidence
Substantial capacity test
Substantive facts
38. A tort committed by one who intends to do the act that creates the harm.
Annotated statutes
Intentional tort
Testimonial evidence
Limited jurisdiction
39. 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.
Service
Statute of limitations
Exclusionary rule
No-knock warrant
40. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Exculpatory clause
Testimonial evidence
Contributory negligence
Legal malpractice
41. 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.
Legal fiction
Documentary evidence
Federalism
American Bar Association (ABA) www.abanet.org
42. Voluntarily and knowingly subjecting oneself to danger.
Fixed Fee
Ejusdem generis
Substantial capacity test
Assumption of the risk
43. The process of legislative enactment of areas of the law previously governed solely by the common law.
Defamation
Codification of the common law
Search engine
Dissenting opinion
44. Summary of one legal point in a court opinion; written by the editors at West.
Personal recognizance bond
Successive conflict of interest
Respondeat superior
Headnote
45. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Bill of Rights
Majority opinion
Reversible error
12(b)(6) motion
46. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Lay advocate
Probable cause
Pattern jury instructions
Confidentiality
47. Governmental publication of court opinions.
Vicarious representation
Official reporter
General jurisdiction
Products liability
48. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Exhaustion of administrative remedies
Comparative negligence
Personal recognizance bond
Full-text database
49. 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.
Cause of action
Eminent Domain
Bench trial
Counterclaim
50. 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.
Compulsory joinder
Jurisdiction
Evidence
Dismissal with prejudice