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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 statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Respondeat superior
Citation
Rules of evidence
Issue of first impression
2. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Direct evidence
Cumulative evidence
Affirm
American Bar Association (ABA) www.abanet.org
3. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Issue
Plaintiff
Persuasive authority
4. 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.
Overbreadth
Contract
Questions of law
Beyond a reasonable doubt
5. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Summary jury trials
Distinguishable cases
Retainer agreement
Count
6. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Preemption
Legal clinic
On all fours
Pleading in the alternative
7. Standard used by appellate courts when reviewing a trial court's findings of fact.
Count
Substantive facts
Actus rea
Clearly erroneous
8. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
False imprisonment
Reversible error
Judgment notwithstanding the verdict (judgment N.O.V.)
Mens rea
9. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
U.S. Supreme Court
Analogous cases
Confidentiality
Unofficial reporter
10. Not factually true - but accepted by the courts as being legally true.
Removal
U.S. Court of Appeals
Writ of habeas corpus
Constructive
11. Rules and regulations created by administrative agencies.
American Bar Association (ABA) www.abanet.org
Administrative law
Broad holding
Respondeat superior
12. An opinion that agrees with the majority's result but disagrees with the reasoning.
Agent
Concurring opinion
Writ of certiorari
Direct evidence
13. 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.
Concurring opinion
Certified
Service
Writ of certiorari
14. A national organization of paralegal programs that promotes high standards for paralegal education.
Contingency fee
Insanity defense
Analogous cases
American Association for Paralegal Education (AAfPE) www.aafpe.org
15. Generally accepted legal principles.
Reverse
Black-letter law
Assumption
Expert witness
16. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Plain view doctrine
Subsequent case history
Loislaw
Intellectual Property
17. Law that creates rights and duties.
Substantive law
Enabling act
Strict liability
Substantive facts
18. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Legislative history
Plaintiff
Valid
U.S. district courts
19. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Diversity jurisdiction
Retainer agreement
Procedural facts
Structured database
20. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Mistrial
Punitive damages
Recidivist
21. The judge informs the jurors of the law they need to know to make their decision.
Authentication
Retainer
Proving a case within a case
Charging the jury
22. 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
Reverse
Legal Reasoning
Open Questions
23. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Persuasive authority
Property law
Appellee or respondent
24. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Judicial activism
Guardian
Injunction
25. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Confidentiality
Statutory element
Ethical wall or screen or cone of silence
26. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Standing
Remedial statute
Majority opinion
Laws
27. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
No-knock warrant
Concluding paragraph
Retainer
28. Violation of a statute as proof of negligence
Writ of habeas corpus
Mandatory authority
Constitutional law
Negligence per se
29. Courts that determine whether lower courts have made errors of law.
Appellate courts
Federal question jurisdiction
Competency
Motion to require a finding of not guilty
30. A case listed in Shepard's that cites your case.
Probable cause
Citing case
Pinpoint cite
Summons
31. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Principle
Quiet enjoyment
Plain meaning
Full-text searches
32. Law that deals with harm to an individual.
Removal
Billable hours
Bail
Civil law
33. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Probable cause
Mistrial
Contingency fee
Eminent Domain
34. 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.
Deposition
Pretrial motion
Overrule
Plaintiff
35. Information that can be presented in a court of law as proof of some fact.
Authentication
Code
Professional judgment
Evidence
36. Law dealing with ownership.
Property law
Res ipsa loquitur
M'Naghten test
Negligence per se
37. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Exclusionary rule
Landmark decision
Majority opinion
38. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Hourly rate
Original jurisdiction
Holding
Exhaustion of administrative remedies
39. Also known as real estate; land and items growing on or permanently attached to that land.
Harmless error
Negligence
Equity
Real Property
40. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Harmless error
Proximate cause
Overrule
Broad holding
41. An opinion that disagrees with the majority's decision and reasoning.
Real Property
Dissenting opinion
Pocket part
Inculpatory evidence
42. The process of legislative enactment of areas of the law previously governed solely by the common law.
Remand
Practice of law
Rules of criminal procedure
Codification of the common law
43. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Digest
Rule 56 motion (summary judgment motion)
Case citation
Challenge for cause
44. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Removal
Pretrial motion
Practice of law
45. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Active Listening
Constitutional law
Overrule
Procedural law
46. A request that the court prohibit the use of certain evidence at the trial.
Suspension
Rule 56 motion (summary judgment motion)
Pocket part
Motion to suppress
47. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Punitive damages
Billable hours
Appellee or respondent
48. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Remand
Evidence
Notice
49. The opinion of a jury on a question of fact.
Verdict
per curium
Remedial statute
Issue
50. All property that is not real property.
Entrapment
Res ipsa loquitur
Personal property
Limited liability partnership (LLP)