SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. The general jurisdiction trial courts in the federal system.
Judicial restraint
Citing case
U.S. district courts
Nolo contendere
2. A national association of paralegal managers.
Reverse
Interrogatories
International Paralegal Management Association (IPMA) www.paralegal management.org
Issue
3. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Direct examination
Invasion of Privacy
Appellant or petitioner
4. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Preemption
Exculpatory clause
Stare decisis
Implied warranty of habitability
5. The opinion of a jury on a question of fact.
Personal recognizance bond
Substantive law
Verdict
Unauthorized practice of law
6. When an appellate court that normally sits in panels sits as a whole.
Principle
En banc
Service
Fruit of the poisonous tree doctrine
7. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Authentication
Affirmative defense
Liberal construction
8. Also known as real estate; land and items growing on or permanently attached to that land.
Exhaustion of administrative remedies
Affirmative defense
Grand jury
Real Property
9. The power of a court to force a person to appear before it.
Major premise
Mediation
Reasonable suspicion
Personal jurisdiction
10. 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.
Counterclaim
Doctrine of implied powers
Directed verdict
Rule 56 motion (summary judgment motion)
11. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Fact
per curium
Duress
Canons of construction
12. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Voir dire
Black-letter law
Ethical wall or screen or cone of silence
13. 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.
Retainer agreement
Model Rules of Professional Conduct
Subsequent case history
Concurrent conflict of interest
14. A canon of construction meaning 'of the same class.:
Ejusdem generis
Third-party claim
Practice of law
Lexis
15. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Mens rea
Documentary evidence
Constructive
16. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Retainer agreement
Cross-claim
Cause of action
Insanity defense
17. Law that creates rights and duties.
Substantive law
Professional judgment
Legal Reasoning
Assault
18. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Specific performance
Irresistible impulse test
Warrant
Legislative history
19. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Practice of law
Real Property
U.S. Court of Appeals
20. The power of a court to hear a case.
Preemption
Rules of evidence
Jurisdiction
Paralegal
21. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Affirm
Appellee or respondent
Motion for a new trial
Limited liability partnership (LLP)
22. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Loislaw
Real or physical evidence
Prima facie case
Judicial review
23. Consists of records - contracts - leases - wills - and other written instruments.
Cause of action
Assault
Documentary evidence
Annotated statutes
24. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
U.S. district courts
Unofficial reporter
Direct evidence
Pattern jury instructions
25. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Appellee or respondent
Irresistible impulse test
Dismissal with prejudice
26. 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.
Caption
Deductive reasoning
Restatement of the Law of Torts - Second
Arraignment
27. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Prima facie case
Third-party claim
Judgment notwithstanding the verdict (judgment N.O.V.)
Minor premise
28. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Guardian
Narrow Holding
Rules of evidence
Rule 56 motion (summary judgment motion)
29. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Corroborative evidence
Appellate brief
Criminal law
Consideration
30. A document that lists statements regarding specific items for the other party to admit or deny.
Preemption
Request for admissions
Competency
National Federation of Paralegal Associations (NFPA) www.paralegals.org
31. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Dictum
Contingency fee
Valid
Paralegal
32. An issue that the court has never faced before.
Compensatory damages
Issue of first impression
Subpoena
Narrow Holding
33. A special type of joint tenancy applicable only to married couples.
Contingency Fee
Mandatory authority
Tenancy by the entirety
Products liability
34. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Pattern jury instructions
Concurring opinion
Substantive facts
35. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Summary jury trials
Billable hours
Judicial restraint
Pleading in the alternative
36. Establishes a direct link to the event that must be proven.
Procedural facts
Inculpatory evidence
Direct evidence
Execute
37. The publication of false statements that harm a person's reputation.
Nolo contendere
Defamation
Active Listening
Tort law
38. An advance or down payment that is given to engage the services of an attorney.
Retainer
Caption
Power of judicial review
Holding
39. The power of the federal courts to hear matters of federal law.
Citation
Unofficial reporter
Federal question jurisdiction
Lay a foundation
40. Courts that determine whether lower courts have made errors of law.
Count
Appellate courts
Guardian
Doctrine of implied powers
41. A defense whereby the defendant offers new evidence to avoid judgment.
Reverse
Affirmative defense
Request for admissions
Damages
42. Money is awarded to a plaintiff in payment for his or her actual losses.
Restatement of the Law of Torts - Second
Deposition
Compensatory damages
Beyond a reasonable doubt
43. 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.
Legal technician
Compensatory damages
Verification
Broad holding
44. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Attorney-client privilege
per curium
Contingency Fee
45. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Peremptory challenge
Personal property
Contingency Fee
46. 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
Concurrent jurisdiction
Actual cause
Cumulative evidence
47. The intermediate appellate courts in the federal system.
Dictum
Judgment notwithstanding the verdict (judgment N.O.V.)
U.S. Court of Appeals
Invasion of Privacy
48. A request that the court order that certain information not be mentioned in the presence of the jury.
Full-text database
Substantial capacity test
Motion in limine
Pretrial conference
49. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Appellee or respondent
Code of Federal Regulations (C.F.R.)
Constitutional law
Pinpoint cite
50. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Westlaw
Transition
Registration
Verification