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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. 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.
Federalism
Mistrial
Westlaw
Tenancy in common
2. A tangible object or a right or ownership interest.
Property
National Association of Legal Assistants (NALA) www.nala.org
Pleadings
Writ of habeas corpus
3. Questions relating to what happened: who - what - when - where - and how.
Reprimand or censure
Actual cause
Questions of fact
Exculpatory evidence
4. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
Fruit of the poisonous tree doctrine
Negligence
Booking
5. The judge informs the jurors of the law they need to know to make their decision.
Damages
Personal property
Charging the jury
Beyond a reasonable doubt
6. Rules of conduct promulgated and enforced by the government.
Laws
Punitive damages
On point
Mediation
7. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Judicial restraint
Bench trial
Challenge for cause
Separation of powers
8. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Execute
Concluding paragraph
Unauthorized practice of law
Landmark decision
9. A canon of construction meaning 'of the same class.:
Judicial review
Internet
Road Map paragraph
Ejusdem generis
10. The highest federal appellate court - consisting of nine appointed members.
Rules of criminal procedure
Syllabus
U.S. Supreme Court
Mens rea
11. Someone who has the power to act in the place of another.
Rules of criminal procedure
Agent
Leading questions
Exigent circumstances
12. A computerized database that contains key information about the content of documents - such as medical records.
Concurring opinion
Structured database
Model Rules of Professional Conduct
Cause of action
13. Liability without a showing of fault.
Leading question
Strict liability
Reversible error
Holding
14. The pretrial oral questioning of a witness under oath.
Judicial restraint
Leading questions
Double jeopardy
Deposition
15. A person who permits or directs another person to act on the principal's behalf.
Appellate courts
Attorney-client privilege
Preponderance of the evidence
Principle
16. Voluntarily and knowingly subjecting oneself to danger.
Exigent circumstances
Equity
Assumption of the risk
Enabling act
17. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Third-party claim
Exculpatory evidence
Affirm
Statute in derogation of the common law
18. 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
Mens rea
Subject matter jurisdiction
Enabling act
19. Not factually true - but accepted by the courts as being legally true.
Constitutional law
Leading questions
Constructive
Alternative dispute resolution (ADR)
20. Courts that determine whether lower courts have made errors of law.
Contingency fee
Fact
Appellate courts
Overrule
21. The new legal principle established by a court opinion.
Major premise
Holding
Statute
Legal malpractice
22. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Headnote
Best evidence rule
Codification of the common law
23. Law that deals with harm to a person or a person's property.
Holding
Tort law
Reprimand or censure
Official reporter
24. Being informed of some act done or about to be done.
Harmless error
Notice
Exhaustion of administrative remedies
Bailment
25. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Discovery
Bill of Rights
Affirmative defense
Verification
26. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Lay a foundation
Lay witness
Hearsay
27. 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.
Hearsay
Procedural facts
Cumulative evidence
Overrule
28. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Court of record
Products liability
Mens rea
Client trust account
29. An opinion that disagrees with the majority's decision and its reasoning.
Civil law
Hearsay
Primary authority
Dissenting opinion
30. 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.
Legal Reasoning
Quiet enjoyment
Pretrial motion
Concurring opinion
31. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Valid
Pinpoint cite
Injunction
32. A warrant that allows the police to enter without announcing their presence in advance.
Respondeat superior
Irresistible impulse test
Tort law
No-knock warrant
33. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Contributory negligence
Intellectual Property
Jurisdiction
American Bar Association (ABA) www.abanet.org
34. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Notice
Legislative intent
Personal recognizance bond
Entrapment
35. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Hearsay
Nominal damages
Bail
36. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Prior case history
Federalism
Full-text searches
Legal fiction
37. A court opinion that establishes new law in an important area.
Landmark decision
Third-party claim
Documentary evidence
Open Questions
38. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Official reporter
Exculpatory clause
Ethical wall or screen or cone of silence
Conflict of interest
39. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Disbarment
Assault
No-knock warrant
Potential conflict
40. The power of government to take private property for public purposes.
Eminent Domain
Syllabus
Verdict
Punitive damages
41. 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.
Broad holding
Discovery
Dismissal with prejudice
Joint tenancy
42. Disregarding a substantial and unjustifiable risk that harm will result.
Evidence
Appellate courts
International Paralegal Management Association (IPMA) www.paralegal management.org
Recklessness
43. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Appellee or respondent
12(b)(6) motion
Double jeopardy
44. In a complaint - one cause of action.
Paralegal
Count
En banc
Code
45. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Subpoena
Conflict of interest
Contract
46. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Entrapment
Reverse
Notice pleading
Holding
47. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
Potential conflict
Peremptory challenge
Judgment proof
48. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Materiality
Plea bargaining
Suspension
Compulsory joinder
49. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Subject matter jurisdiction
12(b)(6) motion
Paralegal
Judicial notice
50. A summary of a court opinion that appears at the beginning of the case.
Derogation of the common law
Stop and frisk
Syllabus
Testimonial evidence