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Test your basic knowledge |
Paralegal 101
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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. 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.
Statutes at large or session laws
Legal fiction
Mediation
Reasonable suspicion
2. 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.
Products liability
Legal clinic
Adverse possession
Billable hours
3. A determination that an attorney may not practice law for a set period of time.
Suspension
Joint tenancy
Concurrent conflict of interest
Documentary evidence
4. The general jurisdiction trial courts in the federal system.
Contract
U.S. district courts
Evidence
Duress
5. A business run by two or more persons as co-owners.
Partnership
False imprisonment
Recidivist
Full-text database
6. A summary of one legal point in a court opinion; written by the editors at West.
Potential conflict
Diversity jurisdiction
Headnote
Jurisdiction
7. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Vicarious representation
Rules of evidence
Conflict of interest
Hearsay
8. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Product misuse
Dismissal with prejudice
Leading question
Internet
9. 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.
Cumulative evidence
Federalism
Pinpoint cite
Prima facie case
10. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Request for admissions
Popular name table
Adverse possession
11. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Potential conflict
Search engine
Minimum contacts
Active Listening
12. A tangible object or a right or ownership interest.
Civil law
Property
Unofficial reporter
Assumption of the risk
13. 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.
Answer
Syllabus
Strict liability
Pretrial motion
14. The intermediate appellate courts in the federal system.
U.S. Court of Appeals
Fact
Jurisdiction
Prior case history
15. A constitutional protection against being tried twice for the same crime.
Federalism
Easement
Double jeopardy
Lay a foundation
16. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Arraignment
Rule
Mandatory authority
Double jeopardy
17. 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.
Overbreadth
Tenancy in common
Codification
Appellate brief
18. 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.
Substantial capacity test
Writ of certiorari
Motion in limine
Registration
19. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion in limine
Structured database
Narrow Holding
Substantive law
20. 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.
False imprisonment
Notice pleading
Motion to require a finding of not guilty
Joint tenancy
21. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Civil law
Enabling act
Judgment
Arbitration
22. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Tenancy by the entirety
Damages
Writ of certiorari
Adverse possession
23. 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.
Personal property
Beyond a reasonable doubt
Mistrial
Landmark decision
24. 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.
Statutes of limitations
Procedural facts
Search engine
Holding
25. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Probable cause
Distinguishable cases
Negligence
26. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Strict construction
Issue
Jurisdiction
27. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Peremptory challenge
Concurring opinion
Comparative negligence
28. A statute that changes the common law.
Nominal damages
Statute in derogation of the common law
Hearsay
Legal services offices
29. Law dealing with ownership.
Exhaustion of administrative remedies
Bill of Rights
Issue of first impression
Property law
30. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Legal clinic
Materiality
Ethical wall or screen or cone of silence
31. A document that lists statements regarding specific items for the other party to admit or deny.
Structured database
Corroborative evidence
Request for admissions
Arraignment
32. A provision that purports to waive liability.
Primary authority
Statutes of limitations
Deponent
Exculpatory clause
33. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Tickler System
Circumstantial evidence
Expert witness
34. Federal and state rules that regulate how criminal proceedings are conducted.
Jurisdiction
Property
Warrant
Rules of criminal procedure
35. A request that the court release the defendant because of the illegality of the incarceration.
Judgment
Writ of habeas corpus
Affirm
Actus rea
36. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Issue of first impression
Authentication
Broad holding
Circumstantial evidence
37. To perform.
Reversible error
Prior case history
Personal jurisdiction
Execute
38. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Removal
Entrapment
Minimum contacts
Dissenting opinion
39. A requirement that a party fulfill his or her contractual obligations.
Primary authority
Specific performance
Proximate cause
Procedural law
40. 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.
Judgment
Tort law
Comparative negligence
Directed verdict
41. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Open Questions
Arbitration
Negligence
Court of record
42. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Property law
Contributory negligence
Negligence
43. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Dissenting opinion
Active Listening
Attorney-client privilege
Popular name table
44. Standard used by appellate courts when reviewing a trial court's findings of fact.
Substantial capacity test
Civil law
Full-text searches
Clearly erroneous
45. Land and objects permanently attached to land.
Judicial restraint
Judgment proof
Real property
Implied warranty of habitability
46. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Intentional tort
Treatment
Issue
Motion to suppress
47. 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.
Irresistible impulse test
Successive conflict of interest
Statutory element
Bail
48. Courts that determine the facts and apply the law to the facts.
Code
Model Rules of Professional Conduct
Trial courts
Real property
49. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Internet
Plain meaning
American Bar Association (ABA) www.abanet.org
Contributory negligence
50. The division of governmental power among the legislative - executive - and judicial branches.
Interrogatories
Mens rea
Separation of powers
Trial courts
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