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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 trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Intellectual Property
Reprimand or censure
Subpoena
2. A judicial philosophy that supports an active role for the judiciary in changing the law.
Clearly erroneous
Liberal construction
Slip laws
Judicial activism
3. Violation of a statute as proof of negligence
Negligence per se
Bill of Rights
12(b)(6) motion
Search engine
4. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Remand
Federalism
Federalism
5. All property that is not real property.
Rules of criminal procedure
Personal property
Res ipsa loquitur
Suspension
6. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Leading question
Judicial restraint
Inculpatory evidence
Stare decisis
7. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Execute
Assumption of the risk
Pattern jury instructions
8. A repeat offender; one who continues to commit more crimes.
Codification
Recidivist
Headnote
Compensatory damages
9. The power of a court to hear a case.
Loislaw
Jurisdiction
Civil law
Retreat exception
10. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Invasion of Privacy
Judgment
Contributory negligence
Best evidence rule
11. 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.
Judicial notice
Hearsay
Code of Federal Regulations (C.F.R.)
Subsequent case history
12. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Shepardizing
Testimonial evidence
12(b)(6) motion
Void for vagueness
13. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Personal property
Proving a case within a case
Loislaw
Subpoena duces tecum
14. 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.
Federal question jurisdiction
Legal fiction
Plain meaning
Enabling act
15. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Compulsory joinder
Rule 56 motion (summary judgment motion)
Nominal damages
16. Consists of records - contracts - leases - wills - and other written instruments.
Narrow Holding
Documentary evidence
Case citation
Damages
17. The division of governmental power among the legislative - executive - and judicial branches.
Headnote
Affirmative defense
Shepardizing
Separation of powers
18. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Questions of law
No-knock warrant
Rules of criminal procedure
19. A request made to the court.
Model Rules of Professional Conduct
Motion
Partnership
Potential conflict
20. The party in a case against whom an appeal has been filed.
Paralegal
Personal jurisdiction
Confidentiality
Appellee or respondent
21. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Jurisdiction
Best evidence rule
Constructive
22. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Recklessness
Pretrial motion
Property
23. A person who initiates an appeal.
Concluding paragraph
Appellant or petitioner
Judicial restraint
Appellate courts
24. A determination that an attorney may not practice law for a set period of time.
Suspension
Real or physical evidence
Punitive damages
Legal Research
25. A separable part of a statute that must be satisfied for the statute to apply.
Proximate cause
Statutory element
Criminal law
Bill of Rights
26. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
U.S. district courts
Official reporter
Potential conflict
27. 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.
Default judgment
Harmless error
Certified
Internet
28. Land and objects permanently attached to land.
Real property
Black-letter law
Retainer agreement
Holding
29. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Exigent circumstances
Questions of fact
Contributory negligence
Pleadings
30. The party in a case who has initiated an appeal.
Full-text searches
Evidence
Appellate or petitioner
Popular name table
31. A court's power to hear only specialized cases.
Limited jurisdiction
Battery
Arraignment
Irresistible impulse test
32. A constitutional protection against being tried twice for the same crime.
Subpoena duces tecum
Civil law
Fixed Fee
Double jeopardy
33. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Bailment
Loislaw
Active Listening
Judicial notice
34. An advance or down payment that is given to engage the services of an attorney.
Defamation
Pleadings
Retainer
Counterclaim
35. In a case brief - the rule of law applied to the case's specific facts.
Rule
Digest
Issue
Clearly erroneous
36. Federal and state rules that govern the admissibility of evidence in court.
Limited liability partnership (LLP)
Summons
Persuasive authority
Rules of evidence
37. A canon of construction meaning 'of the same class.:
Treatment
Issue of first impression
Ejusdem generis
Hearsay
38. All property that is not real property.
Personal property
Direct examination
Legislative history
Comparative negligence
39. 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.
Contributory negligence
Plain view doctrine
Questions of law
Cross-examination
40. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Motion in limine
Legal services offices
Lay advocate
41. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Interrogatories
Specific performance
Minor premise
Reverse
42. 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.
Laws
Judgment proof
Quiet enjoyment
Competency
43. A request that the court order that certain information not be mentioned in the presence of the jury.
12(b)(6) motion
Motion in limine
Remand
Assumption
44. 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.
Mediation
Administrative law
Beyond a reasonable doubt
Cumulative evidence
45. In a case brief - facts that deal with what happened to the parties before the litigation began.
Personal property
Registration
Internet
Substantive facts
46. The power of a court to hear a case.
Dissenting opinion
Jurisdiction
Circumstantial evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
47. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Partnership
Verdict
Exclusionary rule
Materiality
48. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Rule
Judicial notice
Dismissal with prejudice
49. A statute that changes the common law.
Strict liability
Concurring opinion
Administrative law
Statute in derogation of the common law
50. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Writ of habeas corpus
Personal property
Class action suit
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