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Test your basic knowledge |
Paralegal 101
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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 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.
No-knock warrant
Request for admissions
Irresistible impulse test
Harmless error
2. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Arraignment
Common law
Default judgment
Personal jurisdiction
3. The judge informs the jurors of the law they need to know to make their decision.
Attorney-client privilege
Charging the jury
Partnership
Real property
4. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Primary authority
Count
Subsequent case history
Laws
5. The power of a court to hear a case.
Statute of limitations
American Bar Association (ABA) www.abanet.org
Preponderance of the evidence
Jurisdiction
6. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Answer
Legal technician
U.S. district courts
Lexis
7. A court opinion that establishes new law in an important area.
Billable hours
Search engine
Headnote
Landmark decision
8. Written questions sent by one side to the opposing side - answered under oath.
Count
General jurisdiction
Interrogatories
Warrant
9. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Pretrial conference
Statutes of limitations
Syllabus
10. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Grand jury
Appellant or petitioner
Tort law
Summons
11. A request that the court order that certain information not be mentioned in the presence of the jury.
Broad holding
Questions of fact
Challenge for cause
Motion in limine
12. A provision that purports to waive liability.
Booking
Exculpatory clause
Holding
Valid
13. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Motion for a new trial
Plain meaning
Billable hours
14. A court's power to hear only specialized cases.
Exclusionary rule
Comparative negligence
Limited jurisdiction
Writ of certiorari
15. 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.
Holding
Respondeat superior
Model Rules of Professional Conduct
Competency
16. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Relevancy
Pleading in the alternative
Internet
Concurring opinion
17. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Eminent Domain
Derogation of the common law
Remedial statute
18. A right to use property owned by another for a limited purpose.
Substantial capacity test
Laws
Property
Easement
19. A defense whereby the defendant offers new evidence to avoid judgment.
Personal property
Class action suit
Headnote
Affirmative defense
20. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Issue of first impression
Contributory negligence
Alternative dispute resolution (ADR)
Canons of construction
21. Evidence that suggests the defendant's guilt.
Pleadings
Headnote
Dictum
Inculpatory evidence
22. 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.
Voir dire
Shepardizing
Default judgment
Preponderance of the evidence
23. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Battery
Road Map paragraph
Lay a foundation
24. An issue that the court has never faced before.
Issue of first impression
Compensatory damages
Dissenting opinion
Reprimand or censure
25. Used to describe legislation that changes the common law.
Judgment
Unauthorized practice of law
Derogation of the common law
General jurisdiction
26. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Statutes at large or session laws
Restrictive covenant
Citing case
27. Simultaneously representing adverse clients.
Tenancy in common
Evidence
Notice
Concurrent conflict of interest
28. The law itself - such as statutes and court opinions.
Conflict of interest
Miranda warnings
Procedural facts
Primary authority
29. A case listed in Shepard's that cites your case.
Citing case
Peremptory challenge
Subject matter jurisdiction
Personal property
30. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Contingency Fee
Duress
Concurrent jurisdiction
Citation
31. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Lay advocate
Exculpatory clause
Syllabus
Authentication
32. In logic - a belief that justifies one in arguing a conclusion.
Implied warranty of habitability
On all fours
Assumption
Verification
33. A method for excusing a prospective juror; no reason need be given.
National Association of Legal Assistants (NALA) www.nala.org
Summons
Peremptory challenge
Adverse possession
34. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Federalism
Booking
Power of judicial review
Overbreadth
35. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Concurring opinion
Direct examination
Valid
Professional judgment
36. A law promulgated by an administrative agency.
Regulation
Strict liability
Transition
Canons of construction
37. A request that the court prohibit the use of certain evidence at the trial.
Active Listening
Recidivist
Motion to suppress
Legal technician
38. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Writ of habeas corpus
Prima facie case
Entrapment
Eminent Domain
39. The transfer of a case from one state court to a federal court.
Removal
Charging the jury
Regulation
Unofficial reporter
40. 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.
Successive conflict of interest
Motion to require a finding of not guilty
Code of Federal Regulations (C.F.R.)
Closed Questions
41. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Codification
Arraignment
Materiality
Registration
42. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Narrow Holding
Cross-claim
Execute
Legal technician
43. The failure of an attorney to act reasonably.
Legal malpractice
Property law
Clearly erroneous
Restatement of the Law of Torts - Second
44. 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.
Appellate or petitioner
Actual cause
Codification
Pretrial motion
45. Proof that the evidence is what it is said to be.
Digest
Appellate courts
Authentication
Punitive damages
46. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Contributory negligence
Holding
Battery
Reverse
47. 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.
Questions of law
Implied warranty of habitability
U.S. Supreme Court
Digest
48. The party in a case against whom an appeal has been filed.
Appellee or respondent
Minimum contacts
Appellate courts
Lay advocate
49. A worldwide network of computer networks.
Bail
Quiet enjoyment
Code of Federal Regulations (C.F.R.)
Internet
50. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Appellate or petitioner
Principle
Lay witness
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