SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Battery
Broad holding
Eminent Domain
Arraignment
2. A defense whereby the defendant offers new evidence to avoid judgment.
Shepardizing
Cross-examination
Affirmative defense
Broad holding
3. The general jurisdiction trial courts in the federal system.
Retreat exception
Products liability
Compulsory joinder
U.S. district courts
4. A meeting of the attorneys and the judge prior to the beginning of the trial.
Constitutional law
Pretrial conference
Subpoena duces tecum
Equity
5. A constitutional protection against being tried twice for the same crime.
Self-defense
Double jeopardy
Holding
Deponent
6. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Personal property
International Paralegal Management Association (IPMA) www.paralegal management.org
Exigent circumstances
7. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Popular name table
Competency
Writ of certiorari
Double jeopardy
8. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Reverse
Plaintiff
Eminent Domain
Overrule
9. The power of the federal courts to hear matters of federal law.
Attorney-client privilege
Compensatory damages
Clearly erroneous
Federal question jurisdiction
10. A public or private statement that an attorney's conduct violated the code of ethics.
False imprisonment
Void for vagueness
Reprimand or censure
Diversity jurisdiction
11. The party in a case who has initiated an appeal.
Appellate or petitioner
Registration
Property law
Strict construction
12. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Suspension
Code
Legal Research
Open Questions
13. Also known as real estate; land and items growing on or permanently attached to that land.
Limited liability partnership (LLP)
Trial courts
Real Property
Legal fiction
14. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Products liability
Authentication
Judicial restraint
Minor premise
15. The power of a court to hear a particular type of case.
Leading questions
Substantial capacity test
Subject matter jurisdiction
Intellectual Property
16. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
National Association of Legal Assistants (NALA) www.nala.org
Motion
Cross-examination
Citation
17. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Expert witness
Invasion of Privacy
Contingency fee
Joint tenancy
18. 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.
Statute in derogation of the common law
Irresistible impulse test
Documentary evidence
Harmless error
19. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Subpoena duces tecum
Bail
Legal fiction
Exculpatory clause
20. The party in a lawsuit against whom an appeal has been filed.
Administrative law
Proximate cause
Appellee or respondent
Dismissal with prejudice
21. Written questions sent by one side to the opposing side - answered under oath.
Reverse
Interrogatories
Double jeopardy
Appellate or petitioner
22. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Nolo contendere
Road Map paragraph
Contributory negligence
Bench trial
23. Evidence that suggests the defendant's guilt.
Directed verdict
Miranda warnings
Inculpatory evidence
Irresistible impulse test
24. Bad intent.
Mens rea
Bill of Rights
Popular name table
Ethical wall or screen or cone of silence
25. The opinion of a jury on a question of fact.
Verdict
Strict construction
Bill of Rights
Disbarment
26. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Class action suit
Active Listening
Distinguishable cases
Overrule
27. The power of a court to force a person to appear before it.
Writ of execution
Certificated
Personal jurisdiction
Battery
28. In a case brief - the rule of law applied to the case's specific facts.
Client trust account
Canons of construction
Issue
Legal clinic
29. When an appellate court sends a case back to the trial court for a new trial or other action.
Disposition
Reversible error
Remand
Freelance Paralegal
30. Federal and state rules that govern the admissibility of evidence in court.
Limited liability partnership (LLP)
Slip laws
Preemption
Rules of evidence
31. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Motion to require a finding of not guilty
Digest
Restatement of the Law of Torts - Second
Rules of evidence
32. Violation of a statute as proof of negligence
Freelance Paralegal
Negligence per se
Registration
Paralegal
33. The law itself - such as statutes and court opinions.
Pleadings
Primary authority
Retreat exception
Successive conflict of interest
34. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Restrictive covenant
Code of Federal Regulations (C.F.R.)
Mistrial
Preponderance of the evidence
35. A canon of construction meaning 'of the same class.:
Ejusdem generis
Direct examination
Certificated
Clear and convincing
36. Any tangible object - like a bloody glove.
Substantive law
Real or physical evidence
Affirmative defense
Prima facie case
37. The failure to act reasonably under the circumstances.
Dictum
Pocket part
Dismissal with prejudice
Negligence
38. A law promulgated by an administrative agency.
Regulation
Pocket part
Compensatory damages
Evidence
39. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Persuasive authority
Plain view doctrine
American Bar Association (ABA) www.abanet.org
Reverse
40. 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.
Writ of execution
Lexis
Consideration
Narrow Holding
41. The intermediate appellate courts in the federal system.
Property law
U.S. Court of Appeals
Appellee or respondent
Issue
42. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Valid
Competency
Active Listening
Service
43. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Judicial review
Hourly rate
Mistrial
Mediation
44. When an appellate court overturns or negates the decision of a lower court.
Reverse
Count
Substantive law
Headnote
45. Liability without a showing of fault.
Strict liability
Void for vagueness
Voir dire
Disposition
46. A trial conducted without a jury.
Voir dire
Professional judgment
Real property
Bench trial
47. 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.
Internet
Legal clinic
Lay advocate
Procedural facts
48. Simultaneously representing adverse clients.
Concurrent conflict of interest
Fact
Punitive damages
Substantive law
49. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Cross-claim
Full-text database
Miranda warnings
50. When the defendant does not have sufficient money or other assets to pay the judgment.
Concurring opinion
Peremptory challenge
Substantial capacity test
Judgment proof