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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 term used to describe a case that is similar to another case.
Slip laws
On point
Annotated statutes
Tickler System
2. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Judicial restraint
Judgment proof
Lay advocate
Affirmative defense
3. Land and objects permanently attached to land.
On all fours
Retainer agreement
Real property
Plain meaning
4. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Statute of limitations
Reverse
Constructive
5. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Authentication
Evidence
Conflict of interest
Leading questions
6. 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.
Inculpatory evidence
Federalism
Caption
Legal malpractice
7. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Harmless error
Booking
Dissenting opinion
8. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Legislative history
Appellate brief
Open Questions
Clear and convincing
9. A trial court error that is not sufficient to warrant reversing the decision.
Caption
Harmless error
Distinguishable cases
Miranda warnings
10. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Mandatory authority
Registration
Unofficial reporter
Power of judicial review
11. '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.
Res ipsa loquitur
Personal property
Real or physical evidence
Entrapment
12. A canon of construction meaning 'of the same class.:
Ejusdem generis
Contract
Evidence
Hourly rate
13. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
Relevancy
Mistrial
Civil law
14. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Legislative history
Materiality
Appellant or petitioner
15. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Direct examination
Answer
Inculpatory evidence
Overrule
16. Being informed of some act done or about to be done.
Legal writing
Implied warranty of habitability
Notice
Entrapment
17. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
American Bar Association (ABA) www.abanet.org
Civil law
Voir dire
18. Court decisions from a higher court in the same jurisdiction.
Trial courts
Duress
Mandatory authority
Clearly erroneous
19. Law dealing with ownership.
Deposition
Personal recognizance bond
Property law
Legal malpractice
20. The rule that in order to claim self-defense there must have been no possibility of retreat.
Real property
Retreat exception
Appellate brief
Unofficial reporter
21. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Preponderance of the evidence
Statute
Diversity jurisdiction
Full-text database
22. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Statute
Defamation
Competency
Writ of habeas corpus
23. In logic - a belief that justifies one in arguing a conclusion.
Answer
Service
Assumption
Void for vagueness
24. The purpose of the legislature at the time it enacted the statute.
Beyond a reasonable doubt
Popular name table
Legislative intent
Mediation
25. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Appellate courts
Compulsory joinder
Mandatory authority
Tenancy by the entirety
26. The new legal principle established by a court opinion.
Subsequent case history
Holding
Prima facie case
Legal services offices
27. A defendant's personal promise to appear in court.
Pattern jury instructions
Personal recognizance bond
Lay advocate
Arrest
28. A determination that an attorney may not practice law for a set period of time.
Suspension
Peremptory challenge
Civil law
Judgment proof
29. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Federal question jurisdiction
Lay a foundation
Personal recognizance bond
30. A defense whereby the defendant offers new evidence to avoid judgment.
Real Property
Affirmative defense
Legal technician
Standing
31. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Overrule
Contributory negligence
Prior case history
Real or physical evidence
32. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Substantive law
Statutes of limitations
Criminal law
33. Used to describe legislation that changes the common law.
Plaintiff
Lay witness
Derogation of the common law
Booking
34. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Overbreadth
Clear and convincing
Judicial notice
Affirmative defense
35. Indirect evidence - used to prove facts by implication.
Comparative negligence
Questions of law
Internet
Circumstantial evidence
36. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Federal question jurisdiction
Property law
Nolo contendere
Assumption of the risk
37. Cases that involve similar facts and rules of law.
Headnote
Analogous cases
Nolo contendere
Official reporter
38. A person who initiates an appeal.
Appellee or respondent
Appellant or petitioner
Official reporter
Contributory negligence
39. Written questions sent by one side to the opposing side - answered under oath.
Bail
Interrogatories
Punitive damages
Ejusdem generis
40. The questioning of your own witness.
Headnote
Legislative intent
Removal
Direct examination
41. An opinion that agrees with the majority's result but disagrees with the reasoning.
Dissenting opinion
Directed verdict
Discovery
Concurring opinion
42. Evidence that supports previous testimony but that comes in a different form.
Preponderance of the evidence
Fruit of the poisonous tree doctrine
Reverse
Corroborative evidence
43. The transfer of a case from one state court to a federal court.
Appellate brief
Lay witness
National Association of Legal Assistants (NALA) www.nala.org
Removal
44. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Questions of law
M'Naghten test
Issue of first impression
Default judgment
45. 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.
Legal malpractice
Subpoena duces tecum
Writ of execution
Grand jury
46. 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.
Statutes of limitations
Fruit of the poisonous tree doctrine
Judgment
12(b)(6) motion
47. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Interrogatories
Intellectual Property
Res ipsa loquitur
48. Someone who has the power to act in the place of another.
Distinguishable cases
Agent
Exclusive jurisdiction
Competency
49. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Interrogatories
Retainer
Relevancy
Documentary evidence
50. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Practice of law
Motion for a new trial
Intellectual Property