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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 pamphlet inserted into the back of a book containing information new since the volume was published.
Specific performance
Negligence
Proving a case within a case
Pocket part
2. When a higher court agrees with what lower court has done.
Notice
Affirm
Strict liability
Grand jury
3. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Assumption of the risk
Codification of the common law
Request for admissions
Overrule
4. A court order requiring a party to perform a specific act or to cease doing a specific act.
Implied warranty of habitability
Void for vagueness
Procedural facts
Injunction
5. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Summary jury trials
Exigent circumstances
National Federation of Paralegal Associations (NFPA) www.paralegals.org
6. Law that deals with harm to society as a whole.
Practice of law
Narrow Holding
Criminal law
M'Naghten test
7. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Citation
Minor premise
Holding
Freelance Paralegal
8. The questioning of an opposing witness.
Cross-examination
Ethical wall or screen or cone of silence
Double jeopardy
Insanity defense
9. 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.
Contract
Motion for a new trial
Restatement of the Law of Torts - Second
Mandatory authority
10. To perform.
Legal writing
Partnership
Execute
Affirmative defense
11. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Registration
Contingency Fee
Clear and convincing
Adverse possession
12. The opinion of a jury on a question of fact.
Real or physical evidence
Verdict
Expert witness
Constructive
13. A term used to describe a case that is similar to another case.
Discovery
Plain view doctrine
Appellant or petitioner
On point
14. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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15. A constitutional protection against being tried twice for the same crime.
Lay advocate
Motion to suppress
Double jeopardy
Equity
16. When an appellate court sends a case back to the trial court for a new trial or other action.
Minor premise
Remand
Lay a foundation
Substantive facts
17. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
Caption
Search engine
Official reporter
18. The reference to a particular page within an opinion.
Judgment proof
Pinpoint cite
Closed Questions
Professional Corporation (PC)
19. A defense whereby the defendant offers new evidence to avoid judgment.
Doctrine of implied powers
Shepardizing
Affirmative defense
Treatment
20. Broad questions that put few limits on the freedom of the respondent.
Pretrial conference
Legal fiction
Open Questions
Model Rules of Professional Conduct
21. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Proving a case within a case
Grand jury
Statute
22. Law that regulates how the legal system operates.
Statutes at large or session laws
Procedural law
Motion to suppress
Writ of execution
23. 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.
Summons
Persuasive authority
Insanity defense
Affirm
24. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Assumption of the risk
Exclusionary rule
Code
Negligence
25. An intentional act that creates a harmful or offensive physical contact.
Leading question
Battery
Analogous cases
Negligence per se
26. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Doctrine of implied powers
Alternative dispute resolution (ADR)
Deductive reasoning
27. In a case brief - the general legal principle in existence before the case began.
Rule
Summary jury trials
Black-letter law
Administrative law
28. A constitutional protection against being tried twice for the same crime.
Request for admissions
Guardian
Double jeopardy
Partnership
29. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Dissenting opinion
Voir dire
Real property
Challenge for cause
30. When an appellate court that normally sits in panels sits as a whole.
Assumption of the risk
Contributory negligence
En banc
Bailment
31. Used to describe legislation that changes the common law.
Subsequent case history
Derogation of the common law
Negligence per se
Quiet enjoyment
32. The party in a case against whom an appeal has been filed.
Mandatory authority
Appellee or respondent
On point
Bailment
33. A witness who has not been shown to have any special expertise.
Legal services offices
Subsequent case history
Arraignment
Lay witness
34. Also known as real estate; land and items growing on or permanently attached to that land.
Retainer
Real Property
Westlaw
Suspension
35. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Principle
Internet
U.S. Supreme Court
Potential conflict
36. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Res ipsa loquitur
Lay witness
Court of record
Power of judicial review
37. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Minimum contacts
Actual cause
Reverse
Cross-examination
38. 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
Rule 56 motion (summary judgment motion)
Comparative negligence
Arraignment
Diversity jurisdiction
39. A claim by the defendant against the plaintiff.
Beyond a reasonable doubt
Counterclaim
On point
Conflict of interest
40. A trial conducted without a jury.
Lay a foundation
Bench trial
Pinpoint cite
Substantial capacity test
41. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Invasion of Privacy
Rule 56 motion (summary judgment motion)
Summary jury trials
Hearsay
42. A tangible object or a right or ownership interest.
Contract
American Bar Association (ABA) www.abanet.org
Property
Inculpatory evidence
43. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Pleadings
Pretrial motion
Relevancy
Leading question
44. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Procedural law
Minimum contacts
Bailment
Reversible error
45. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Statute of limitations
Cross-examination
Attorney-client privilege
Holding
46. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Separation of powers
Contingency fee
Civil law
Arrest
47. All property that is not real property.
Personal property
Landmark decision
Leading question
Lexis
48. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Miranda warnings
Real Property
Agent
Code
49. The revocation of an attorney's license.
Compulsory joinder
Canons of construction
Personal jurisdiction
Disbarment
50. Being informed of some act done or about to be done.
Legal clinic
Restatement of the Law of Torts - Second
Notice
Property