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Test your basic knowledge |
Paralegal 101
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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. Being informed of some act done or about to be done.
Notice
Legislative history
Remedial statute
Bill of Rights
2. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Appellant or petitioner
Regulation
Subpoena
Guardian
3. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Loislaw
per curium
Citation
4. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Contributory negligence
Unauthorized practice of law
Necessity
Rule
5. Someone who has the power to act in the place of another.
Ethical wall or screen or cone of silence
Personal property
Agent
Contingency fee
6. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Distinguishable cases
Transition
Holding
Professional Corporation (PC)
7. Law that creates rights and duties.
Federalism
Substantive law
Substantial capacity test
Compensatory damages
8. Law dealing with ownership.
Full-text database
Self-defense
On point
Property law
9. Generally accepted legal principles.
Injunction
Respondeat superior
Black-letter law
General jurisdiction
10. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Restatement of the Law of Torts - Second
Ejusdem generis
Easement
11. 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.
Reverse
Federalism
Closed Questions
Contract
12. Liability without a showing of fault.
Strict liability
Substantive facts
Rules of criminal procedure
Road Map paragraph
13. The law itself - such as statutes and court opinions.
Negligence
Primary authority
Mens rea
Issue
14. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Headnote
Federalism
Documentary evidence
Duress
15. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Bill of Rights
Subpoena
Minimum contacts
16. Rules of conduct promulgated and enforced by the government.
Punitive damages
Laws
Writ of execution
Administrative law
17. A meeting of the attorneys and the judge prior to the beginning of the trial.
Negligence
Pretrial conference
Respondeat superior
Affirm
18. Including more than one count in a complaint; the counts do not need to be consistent.
Testimonial evidence
per curium
Assault
Pleading in the alternative
19. A fee calculated as a percentage of the settlement or award in the case.
Structured database
Contingency Fee
Hypertext links
Legal clinic
20. A reason for invalidating a statute where it covers both protected and criminal activity.
Joint tenancy
Materiality
Bench trial
Overbreadth
21. 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.
Landmark decision
Legal malpractice
Pretrial motion
Compulsory joinder
22. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Inculpatory evidence
Products liability
Citing case
Open Questions
23. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Removal
Materiality
Codification of the common law
24. Federal and state rules that govern the admissibility of evidence in court.
Real Property
Unofficial reporter
Rules of evidence
Affirmative defense
25. When the law is applied to the client's facts and the result is not obvious - an issue is created.
No-knock warrant
Issue
Property
Stare decisis
26. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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27. The party in a case who has initiated an appeal.
Pretrial conference
Exclusive jurisdiction
Appellate or petitioner
Loislaw
28. 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.
Judicial notice
Arraignment
Legislative history
Ethical wall or screen or cone of silence
29. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Evidence
Lay advocate
Transition
Lexis
30. 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.
Directed verdict
Legal Reasoning
Overrule
Pleadings
31. A national voluntary organization of lawyers.
Ethical wall or screen or cone of silence
Discovery
Restatement of the Law of Torts - Second
American Bar Association (ABA) www.abanet.org
32. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Real property
Assault
Actual cause
Structured database
33. 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.
Overrule
Evidence
Alternative dispute resolution (ADR)
False imprisonment
34. A court order requiring a person to appear to testify at a trial or deposition.
Retainer
Subpoena
Res ipsa loquitur
Trial courts
35. A right to use property owned by another for a limited purpose.
Affirmative defense
Easement
Appellee or respondent
Substantive law
36. 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.
Pocket part
Persuasive authority
Full-text searches
U.S. Supreme Court
37. 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.
Compulsory joinder
Tort law
Count
Clear and convincing
38. A separable part of a statute that must be satisfied for the statute to apply.
Proximate cause
Statutory element
Remedial statute
Subsequent case history
39. Liability without having to prove fault.
Issue
Harmless error
Strict liability
Headnote
40. 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.
Adverse possession
Stare decisis
U.S. Court of Appeals
Relevancy
41. A method for excusing a prospective juror; no reason need be given.
Canons of construction
Appellant or petitioner
Concurring opinion
Peremptory challenge
42. 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
Assumption
Easement
Diversity jurisdiction
Appellee or respondent
43. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Assumption of the risk
Restatement of the Law of Torts - Second
Exclusionary rule
44. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Compulsory joinder
Concurring opinion
Notice
Products liability
45. Books that contain appellate court decisions. There are both official and unofficial reporters.
Procedural facts
Distinguishable cases
Case reporters
Writ of certiorari
46. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Punitive damages
Injunction
12(b)(6) motion
Subpoena
47. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Federalism
Reverse
Summons
Negligence
48. 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
Answer
Third-party claim
Double jeopardy
49. 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.
Legal fiction
Cumulative evidence
Verification
Civil law
50. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Conflict of interest
Regulation
Specific performance
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