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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. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Motion in limine
Major premise
Insanity defense
Verification
2. Law that deals with harm to a person or a person's property.
Tort law
Landmark decision
Annotated statutes
Reverse
3. Consists of records - contracts - leases - wills - and other written instruments.
Challenge for cause
Interrogatories
Documentary evidence
Execute
4. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Request for admissions
12(b)(6) motion
Comparative negligence
Issue
5. The process of finding the law.
Materiality
Legal Research
Pocket part
Deponent
6. Specific questions that usually demand very short or yes-no answers.
Holding
Legislative intent
Code of Federal Regulations (C.F.R.)
Closed Questions
7. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Certified
Concluding paragraph
Plaintiff
8. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Property law
Deductive reasoning
Full-text searches
9. The party in a case who has initiated an appeal.
Injunction
Dismissal with prejudice
Appellate or petitioner
Power of judicial review
10. A law enacted by a state legislature or by Congress.
Statute
Dictum
Summary jury trials
Mediation
11. A meeting of the attorneys and the judge prior to the beginning of the trial.
Substantive law
Statute
Pretrial conference
Double jeopardy
12. The rules whereby all members of a law firm are treated as though they had represented the former client.
Legislative history
Closed Questions
Vicarious representation
Rule
13. The chronological publication of statutes at the end of a legislative session.
Full-text searches
Overbreadth
Mediation
Statutes at large or session laws
14. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Loislaw
Preponderance of the evidence
Pleadings
15. All property that is not real property.
Personal property
Personal recognizance bond
Agent
Annotated statutes
16. A constitutional protection against being tried twice for the same crime.
Remand
Judicial notice
Issue of first impression
Double jeopardy
17. 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.
Exculpatory evidence
Retainer agreement
Court of record
Directed verdict
18. 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.
Defamation
Specific performance
Broad holding
Dismissal with prejudice
19. 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.
Internet
Broad holding
Arraignment
Writ of habeas corpus
20. An opinion that disagrees with the majority's decision and reasoning.
Materiality
Reversible error
Dissenting opinion
Loislaw
21. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Legislative history
Model Rules of Professional Conduct
Recklessness
False imprisonment
22. A trial conducted without a jury.
Judicial activism
Lay a foundation
Bench trial
Certificated
23. In a case brief - the rule of law applied to the case's specific facts.
Search engine
Reverse
Issue
Secondary authority
24. When an appellate court sends a case back to the trial court for a new trial or other action.
Subpoena
Remand
Deposition
Landmark decision
25. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Motion to suppress
Standing
per curium
Actual cause
26. All property that is not real property.
Personal property
Actus rea
Writ of certiorari
Vicarious representation
27. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Loislaw
Affirm
Procedural facts
Exhaustion of administrative remedies
28. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Reasonable suspicion
Legal fiction
Judicial review
Popular name table
29. The party in a case against whom an appeal has been filed.
Appellant or petitioner
Rule 56 motion (summary judgment motion)
Appellee or respondent
Headnote
30. 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.
Miranda warnings
Statutory element
Citing case
Directed verdict
31. Evidence that supports previous testimony but that comes in a different form.
Personal jurisdiction
Syllabus
Alternative dispute resolution (ADR)
Corroborative evidence
32. Proof that the evidence is what it is said to be.
Request for admissions
Minor premise
Interrogatories
Authentication
33. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Implied warranty of habitability
Shepardizing
Statutes of limitations
Arraignment
34. 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.
Entrapment
Beyond a reasonable doubt
Closed Questions
Third-party claim
35. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
American Bar Association (ABA) www.abanet.org
Lay advocate
Comparative negligence
Structured database
36. A provision that purports to waive liability.
Exculpatory clause
No-knock warrant
Judicial activism
Warrant
37. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Judicial review
Reverse
Confidentiality
Implied warranty of habitability
38. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Materiality
Client trust account
Regulation
Notice pleading
39. 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.
Unofficial reporter
Consideration
Miranda warnings
Request for admissions
40. Evidence that is derived from an illegal search or interrogation is inadmissible.
Attorney-client privilege
Subpoena duces tecum
Judicial review
Fruit of the poisonous tree doctrine
41. An opinion that disagrees with the majority's decision and its reasoning.
Judgment notwithstanding the verdict (judgment N.O.V.)
Dissenting opinion
Reasonable suspicion
M'Naghten test
42. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Subpoena
Judgment
Standing
Subpoena duces tecum
43. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Codification
Code
12(b)(6) motion
Joint tenancy
44. The result reached in a particular case.
Disposition
Subpoena duces tecum
Model Rules of Professional Conduct
Broad holding
45. Information about the law - such as that contained in encyclopedias and law review articles.
Plea bargaining
Legal technician
Lexis
Secondary authority
46. The power of a court to hear a particular type of case.
Derogation of the common law
Subject matter jurisdiction
Contributory negligence
Open Questions
47. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Code
Suspension
Lexis
48. 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.
Appellant or petitioner
Valid
Plea bargaining
Contributory negligence
49. 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.
Motion for a new trial
Specific performance
Miranda warnings
Majority opinion
50. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Double jeopardy
Diversity jurisdiction
Counterclaim
Implied warranty of habitability