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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. The transfer of a case from one state court to a federal court.
Citation
Appellate or petitioner
Removal
Annotated statutes
2. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Laws
Constructive
Procedural law
3. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Assumption
Paralegal
Ethical wall or screen or cone of silence
Active Listening
4. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Administrative law
Quiet enjoyment
Actual cause
Injunction
5. 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.
Testimonial evidence
Hypertext links
Directed verdict
Major premise
6. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Summons
Full-text searches
Statutes of limitations
Mens rea
7. 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.
Evidence
Reversible error
Preponderance of the evidence
Subsequent case history
8. A witness who has not been shown to have any special expertise.
Subpoena duces tecum
No-knock warrant
Partnership
Lay witness
9. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Ejusdem generis
Class action suit
Subpoena duces tecum
10. A law promulgated by an administrative agency.
Bailment
Popular name table
Regulation
Execute
11. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Active Listening
Mandatory authority
Reverse
Tenancy in common
12. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Comparative negligence
Narrow Holding
No-knock warrant
Bail
13. Money is awarded to a plaintiff in payment for his or her actual losses.
Questions of fact
Compensatory damages
Eminent Domain
Affirmative defense
14. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Persuasive authority
Negligence
Holding
Unauthorized practice of law
15. 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.
Grand jury
Execute
Preponderance of the evidence
Legal fiction
16. The pleading that begins a lawsuit.
Actual cause
Issue
Motion to suppress
Complaint
17. A request that the court order that certain information not be mentioned in the presence of the jury.
Corroborative evidence
Reverse
Nolo contendere
Motion in limine
18. A national voluntary organization of lawyers.
Constructive
Real property
American Bar Association (ABA) www.abanet.org
Best evidence rule
19. A form in which statutes are published; they are printed individually at the time they are first enacted.
Discovery
Slip laws
Common law
Questions of law
20. Written questions sent by one side to the opposing side - answered under oath.
Negligence
Probable cause
Dismissal with prejudice
Interrogatories
21. An opinion that agrees with the majority's result but disagrees with the reasoning.
Insanity defense
Client trust account
Double jeopardy
Concurring opinion
22. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Issue
On all fours
Common law
Narrow Holding
23. The party in a case against whom an appeal has been filed.
Appellee or respondent
Entrapment
Personal property
Substantive law
24. The tort theory that an employer can be sued for the negligent acts of its employees.
Annotated statutes
Evidence
Active Listening
Respondeat superior
25. Proof that the evidence is what it is said to be.
Tort law
Arraignment
Injunction
Authentication
26. Questions that suggest the answer.
Judicial activism
Minimum contacts
Leading questions
Statute in derogation of the common law
27. Voluntarily and knowingly subjecting oneself to danger.
Harmless error
Assumption of the risk
Comparative negligence
Motion in limine
28. An approach whereby the courts give a statute a narrow interpretation.
Canons of construction
Strict construction
Retreat exception
Equity
29. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Verdict
Lay witness
Major premise
30. The publication of false statements that harm a person's reputation.
Lay witness
Defamation
Pretrial motion
Motion in limine
31. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Reprimand or censure
Joint tenancy
Attorney-client privilege
32. 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.
Shepardizing
Legal Reasoning
Inculpatory evidence
Lay advocate
33. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Laws
Road Map paragraph
Westlaw
34. A claim by the defendant against the plaintiff.
Overrule
Constructive
Counterclaim
Property law
35. A constitutional protection against being tried twice for the same crime.
Official reporter
Stare decisis
Tenancy by the entirety
Double jeopardy
36. A witness who possesses skill and knowledge beyond that of the average person.
Principle
Substantial capacity test
Canons of construction
Expert witness
37. The purpose of the legislature at the time it enacted the statute.
Miranda warnings
Clearly erroneous
Subpoena
Legislative intent
38. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Standing
Arrest
Regulation
Procedural law
39. 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.
Subpoena
Power of judicial review
Pattern jury instructions
Beyond a reasonable doubt
40. A method for excusing a prospective juror; no reason need be given.
Specific performance
Peremptory challenge
Narrow Holding
Product misuse
41. 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.
Holding
Interrogatories
Pinpoint cite
Overrule
42. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Prima facie case
American Bar Association (ABA) www.abanet.org
Lay advocate
Legal clinic
43. The failure to act reasonably under the circumstances.
Constitutional law
Negligence
Comparative negligence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
44. 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.
Lay a foundation
Hourly rate
Appellate brief
Trial courts
45. A trial conducted without a jury.
Freelance Paralegal
Bench trial
Lay witness
Reverse
46. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Certified
Deposition
Contributory negligence
Reverse
47. A tangible object or a right or ownership interest.
Motion in limine
per curium
Statutory element
Property
48. A repeat offender; one who continues to commit more crimes.
Recidivist
Partnership
Beyond a reasonable doubt
Judicial activism
49. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Procedural facts
Irresistible impulse test
Analogous cases
Third-party claim
50. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Evidence
Stop and frisk
Caption
Best evidence rule