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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. Including more than one count in a complaint; the counts do not need to be consistent.
Writ of execution
Pleading in the alternative
Rules of criminal procedure
U.S. Supreme Court
2. The power of government to take private property for public purposes.
Mandatory authority
Eminent Domain
Loislaw
Count
3. A summary of one legal point in a court opinion; written by the editors at West.
Warrant
Headnote
Judicial activism
Valid
4. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Federalism
Clear and convincing
Attorney-client privilege
Notice
5. Voluntarily and knowingly subjecting oneself to danger.
Judgment
Motion in limine
Client trust account
Assumption of the risk
6. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Challenge for cause
Counterclaim
False imprisonment
On all fours
7. 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
Diversity jurisdiction
Direct examination
Code
Annotated statutes
8. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Constitutional law
Rule 56 motion (summary judgment motion)
Power of judicial review
Exclusive jurisdiction
9. A summary of a court opinion that appears at the beginning of the case.
Lay witness
Slip laws
Count
Syllabus
10. A tort committed by one who intends to do the act that creates the harm.
Verification
Legal malpractice
Intentional tort
Headnote
11. In a case brief - the rule of law applied to the case's specific facts.
Pocket part
Issue
Strict liability
Judicial review
12. The process of legislative enactment of areas of the law previously governed solely by the common law.
Full-text searches
Pretrial motion
Reverse
Codification of the common law
13. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Prima facie case
Pinpoint cite
Concurring opinion
Plea bargaining
14. When only one court has the power to hear a case.
Clearly erroneous
Exclusive jurisdiction
Statute in derogation of the common law
Billable hours
15. A computerized database that contains key information about the content of documents - such as medical records.
Full-text searches
Structured database
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Summons
16. The opinion of a jury on a question of fact.
Dissenting opinion
Minor premise
Affirm
Verdict
17. Courts that determine whether lower courts have made errors of law.
Real or physical evidence
Derogation of the common law
Appellate courts
Digest
18. A public or private statement that an attorney's conduct violated the code of ethics.
Dictum
Civil law
Issue of first impression
Reprimand or censure
19. Any tangible object - like a bloody glove.
Real or physical evidence
Tenancy in common
Directed verdict
Laws
20. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Procedural facts
Overrule
Pleading in the alternative
Lexis
21. Representing someone who is in a position adverse to a prior client.
Inculpatory evidence
Respondeat superior
Exigent circumstances
Successive conflict of interest
22. 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.
Mens rea
Appellate or petitioner
Motion for a new trial
Appellee or respondent
23. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Professional judgment
Search engine
Self-defense
Affirmative defense
24. A trial court error that is not sufficient to warrant reversing the decision.
Real property
Harmless error
Pleading in the alternative
Regulation
25. A determination that an attorney may not practice law for a set period of time.
Suspension
Subsequent case history
Principle
Consideration
26. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Constitutional law
Authentication
Circumstantial evidence
27. A statement in a judicial opinion not necessary for the decision of the case.
Concurring opinion
Intentional tort
Official reporter
Dictum
28. A claim by the defendant against the plaintiff.
Citation
Verdict
Distinguishable cases
Counterclaim
29. Federal and state rules that govern the admissibility of evidence in court.
Plain view doctrine
Entrapment
Rules of evidence
Power of judicial review
30. Money is awarded to a plaintiff in payment for his or her actual losses.
Contributory negligence
Legal services offices
Motion in limine
Compensatory damages
31. A case listed in Shepard's that cites your case.
Case citation
Service
Intentional tort
Citing case
32. The transfer of a case from one state court to a federal court.
Directed verdict
Procedural facts
Professional Corporation (PC)
Removal
33. Law that deals with harm to a person or a person's property.
Judicial review
Primary authority
Damages
Tort law
34. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Judgment notwithstanding the verdict (judgment N.O.V.)
Statutes at large or session laws
Materiality
35. 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.
Legal malpractice
Clearly erroneous
Contributory negligence
On point
36. Law that deals with harm to society as a whole.
Assault
Rule
Substantial capacity test
Criminal law
37. When an appellate court overturns or negates the decision of a lower court.
Reverse
Indictment
Lay witness
Negligence
38. 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
Compensatory damages
Code of Federal Regulations (C.F.R.)
Persuasive authority
39. Establishes a direct link to the event that must be proven.
Direct evidence
Conflict of interest
Arrest
Personal property
40. A court's power to hear only specialized cases.
Certificated
Motion in limine
Limited jurisdiction
Overrule
41. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Statutes of limitations
Challenge for cause
On point
Actual cause
42. A defendant's personal promise to appear in court.
Full-text database
Entrapment
Personal recognizance bond
Prior case history
43. The court's power to review statutes to decide whether they conform to the Constitution.
Unofficial reporter
Voir dire
Annotated statutes
Judicial review
44. Information about the law - such as that contained in encyclopedias and law review articles.
Defamation
Valid
Secondary authority
American Bar Association (ABA) www.abanet.org
45. A witness who has not been shown to have any special expertise.
Westlaw
Actual cause
Challenge for cause
Lay witness
46. A term used to describe a case that is similar to another case.
On point
Ethical wall or screen or cone of silence
Road Map paragraph
Recidivist
47. General principles that guide the courts in their interpretation of statutes.
Real or physical evidence
Statutes at large or session laws
Defendant
Canons of construction
48. An issue that the court has never faced before.
Full-text database
Affirm
Affirmative defense
Issue of first impression
49. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Affirmative defense
Reasonable suspicion
Statutory element
50. Evidence that suggests the defendant's guilt.
Intellectual Property
Concluding paragraph
Inculpatory evidence
Nolo contendere