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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. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Constitutional law
Mens rea
Entrapment
Holding
2. Law that deals with harm to a person or a person's property.
Reverse
Plaintiff
Overbreadth
Tort law
3. Evidence that supports previous testimony but that comes in a different form.
Writ of certiorari
Issue
Corroborative evidence
Black-letter law
4. Questions relating to the interpretation or application of the law.
Questions of law
American Association for Paralegal Education (AAfPE) www.aafpe.org
Motion to require a finding of not guilty
Intentional tort
5. When only one court has the power to hear a case.
Exclusive jurisdiction
Notice pleading
Bail
Subpoena
6. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Civil law
Exigent circumstances
Minor premise
7. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pretrial motion
Nominal damages
Pocket part
Tickler System
8. Indirect evidence - used to prove facts by implication.
Judgment notwithstanding the verdict (judgment N.O.V.)
Circumstantial evidence
Reverse
Concurrent conflict of interest
9. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Negligence per se
Exigent circumstances
Unofficial reporter
Quiet enjoyment
10. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Distinguishable cases
Cause of action
Summary jury trials
Recklessness
11. Bad intent.
Double jeopardy
Appellant or petitioner
Reprimand or censure
Mens rea
12. A court opinion that establishes new law in an important area.
Landmark decision
Negligence
Direct evidence
Assumption of the risk
13. In a case brief - the rule of law applied to the case's specific facts.
Ejusdem generis
Issue
Reverse
Negligence
14. All property that is not real property.
Personal property
Regulation
Black-letter law
Statutes at large or session laws
15. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Battery
Affirm
Comparative negligence
General jurisdiction
16. A grand jury's written accusation that a given individual has committed a crime.
Cause of action
Indictment
Preponderance of the evidence
Syllabus
17. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Billable hours
Federalism
Complaint
18. An opinion that agrees with the majority's result but disagrees with its reasoning.
Charging the jury
False imprisonment
Concurring opinion
Negligence
19. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Property law
Disbarment
Third-party claim
20. Standard used by appellate courts when reviewing a trial court's findings of fact.
General jurisdiction
Clearly erroneous
Peremptory challenge
Challenge for cause
21. A national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Personal recognizance bond
Reverse
Legal Research
22. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Proving a case within a case
Injunction
Exculpatory clause
23. 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.
Motion to require a finding of not guilty
Legal fiction
Expert witness
Plain meaning
24. The rule that in order to claim self-defense there must have been no possibility of retreat.
Codification of the common law
Retreat exception
Necessity
Equity
25. 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.
Easement
Legislative history
Civil law
Ejusdem generis
26. Written questions sent by one side to the opposing side - answered under oath.
Damages
Stop and frisk
Interrogatories
Bill of Rights
27. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Billable hours
Power of judicial review
Rule 56 motion (summary judgment motion)
Compulsory joinder
28. The process of finding the law.
Jurisdiction
Battered woman's or spouse's syndrome
Legal Research
Prior case history
29. A defendant's personal promise to appear in court.
Remedial statute
Freelance Paralegal
Negligence
Personal recognizance bond
30. A court's power to hear any type of case arising within its geographical area.
Rules of evidence
Eminent Domain
General jurisdiction
Affirmative defense
31. The power of a court to hear a case.
Reverse
Jurisdiction
Transition
On point
32. The process of properly identifying and authenticating evidence so that it can be introduced.
Attorney-client privilege
Restatement of the Law of Torts - Second
Secondary authority
Lay a foundation
33. The failure to act reasonably under the circumstances.
Negligence
Real property
Subpoena duces tecum
Comparative negligence
34. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Plea bargaining
Lay advocate
Statutes of limitations
Motion to require a finding of not guilty
35. A constitutional protection against being tried twice for the same crime.
Canons of construction
Double jeopardy
Pretrial motion
Appellee or respondent
36. A determination that an attorney may not practice law for a set period of time.
Suspension
Legal malpractice
Freelance Paralegal
Assault
37. 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.
Miranda warnings
Statutes of limitations
Verdict
Questions of fact
38. 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.
Plea bargaining
Minor premise
Actual cause
Contributory negligence
39. Rules of conduct promulgated and enforced by the government.
Laws
Arbitration
Necessity
Federal question jurisdiction
40. A person who permits or directs another person to act on the principal's behalf.
Property
Entrapment
Principle
Fixed Fee
41. A statute establishing and setting out the powers of an administrative agency.
Case citation
Eminent Domain
Enabling act
En banc
42. The power of a court to hear a case.
Standing
Ejusdem generis
Reversible error
Jurisdiction
43. The power of a court to force a person to appear before it.
Partnership
Personal jurisdiction
Assumption of the risk
Deductive reasoning
44. The educated ability to apply law to specific facts.
Inculpatory evidence
Citation
Judgment proof
Professional judgment
45. Simultaneously representing adverse clients.
Diversity jurisdiction
Shepardizing
Interrogatories
Concurrent conflict of interest
46. When more than one court has jurisdiction to hear a case.
Concurrent jurisdiction
Model Rules of Professional Conduct
Service
Competency
47. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Professional Corporation (PC)
Harmless error
Civil law
48. The questioning of an opposing witness.
Cross-examination
Real Property
Respondeat superior
Separation of powers
49. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Valid
Vicarious representation
Consideration
Nolo contendere
50. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Overrule
Subsequent case history
Full-text searches
Ethical wall or screen or cone of silence