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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 statute establishing and setting out the powers of an administrative agency.
Answer
U.S. Court of Appeals
Real property
Enabling act
2. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
Shepardizing
Directed verdict
Official reporter
3. 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.
Contingency Fee
Official reporter
Evidence
Motion for a new trial
4. The power of the federal courts to hear matters of federal law.
Potential conflict
Battery
Retainer
Federal question jurisdiction
5. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Case citation
American Bar Association (ABA) www.abanet.org
Pleading in the alternative
Power of judicial review
6. An opinion that disagrees with the majority's decision and its reasoning.
Lay witness
Dissenting opinion
Affirmative defense
Freelance Paralegal
7. 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.
Affirmative defense
Analogous cases
Defendant
Constitutional law
8. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Annotated statutes
Concluding paragraph
Mandatory authority
Federalism
9. 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
Verification
Personal jurisdiction
Motion for a new trial
10. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Conflict of interest
Enabling act
Black-letter law
11. An opinion in which a majority of the court joins.
Judicial restraint
Majority opinion
Negligence
Arraignment
12. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Major premise
Personal property
Lay advocate
Entrapment
13. Including more than one count in a complaint; the counts do not need to be consistent.
Exculpatory clause
Pleading in the alternative
Fact
Limited liability partnership (LLP)
14. 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.
Hourly rate
Notice pleading
Broad holding
Pocket part
15. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Judicial activism
Service
Summons
Closed Questions
16. 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.
Rule
Contributory negligence
Injunction
Procedural facts
17. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Negligence
Plain view doctrine
Certified
Full-text searches
18. The revocation of an attorney's license.
Code of Federal Regulations (C.F.R.)
Headnote
Disbarment
Count
19. The intermediate appellate courts in the federal system.
U.S. Court of Appeals
False imprisonment
Corroborative evidence
Clearly erroneous
20. 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.
National Association of Legal Assistants (NALA) www.nala.org
Legal technician
Popular name table
Persuasive authority
21. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Defendant
Statutes of limitations
Nolo contendere
Disbarment
22. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Plain view doctrine
Registration
Notice pleading
Implied warranty of habitability
23. Information that can be presented in a court of law as proof of some fact.
Evidence
American Bar Association (ABA) www.abanet.org
Appellate or petitioner
Charging the jury
24. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Strict construction
Judgment notwithstanding the verdict (judgment N.O.V.)
Subpoena
Enabling act
25. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Lay a foundation
Limited liability partnership (LLP)
Plaintiff
Exigent circumstances
26. The power of a court to force a person to appear before it.
Guardian
Personal jurisdiction
Arrest
Mens rea
27. An actual incident or condition; not a legal consequence.
Common law
Fact
Appellee or respondent
Assumption
28. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Annotated statutes
Reverse
Search engine
Leading question
29. The new legal principle established by a court opinion.
Administrative law
Writ of habeas corpus
Holding
Inculpatory evidence
30. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Constructive eviction
Issue
Exhaustion of administrative remedies
Active Listening
31. A suspicion based on specific facts; less than probable cause.
Evidence
Reasonable suspicion
Issue of first impression
Principle
32. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Certificated
Fixed Fee
Contingency Fee
33. Questions that suggest the answer.
Attorney-client privilege
Leading questions
Strict liability
Circumstantial evidence
34. A special type of joint tenancy applicable only to married couples.
Miranda warnings
Substantial capacity test
Original jurisdiction
Tenancy by the entirety
35. Without the need for a warrant - the police may seize objects that are openly visible.
Active Listening
Negligence per se
Issue
Plain view doctrine
36. Federal and state rules that govern the admissibility of evidence in court.
Common law
Writ of habeas corpus
Rules of evidence
Property
37. Someone who has the power to act in the place of another.
Agent
Procedural facts
Prima facie case
Reverse
38. The process of finding the law.
Product misuse
Rules of evidence
Summary jury trials
Legal Research
39. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Issue
Competency
Arrest
Documentary evidence
40. A statute that changes the common law.
Administrative law
Structured database
Personal jurisdiction
Statute in derogation of the common law
41. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
Valid
Class action suit
Mistrial
42. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Clear and convincing
Legal technician
Challenge for cause
Derogation of the common law
43. 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.
Duress
Holding
Questions of law
Irresistible impulse test
44. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Real Property
Personal property
Deposition
45. A person who initiates an appeal.
Mistrial
Appellant or petitioner
Principle
Products liability
46. A set charge for a specific service - such as drafting a simple will.
Limited jurisdiction
Fixed Fee
Principle
Retreat exception
47. 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.
Narrow Holding
Judicial notice
Respondeat superior
Statutes at large or session laws
48. 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.
Testimonial evidence
Actual cause
Exclusionary rule
Recidivist
49. Consists of records - contracts - leases - wills - and other written instruments.
Reverse
Documentary evidence
Competency
Code of Federal Regulations (C.F.R.)
50. Questions relating to what happened: who - what - when - where - and how.
Federalism
Class action suit
Shepardizing
Questions of fact