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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 trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Charging the jury
Battered woman's or spouse's syndrome
Mistrial
Issue of first impression
2. Land and objects permanently attached to land.
Deductive reasoning
Holding
Pretrial conference
Real property
3. Violation of a statute as proof of negligence
per curium
Reversible error
Legal services offices
Negligence per se
4. The publication of false statements that harm a person's reputation.
Shepardizing
Negligence
Prima facie case
Defamation
5. An opinion that agrees with the majority's result but disagrees with its reasoning.
Recklessness
Concurring opinion
Harmless error
Dissenting opinion
6. 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.
Contributory negligence
Shepardizing
Contingency fee
Procedural facts
7. The failure to act reasonably under the circumstances.
Negligence
Issue of first impression
Joint tenancy
Diversity jurisdiction
8. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Professional Corporation (PC)
Pretrial conference
Judgment
Freelance Paralegal
9. The modern pretrial procedure by which one party gains information from the adverse party.
Discovery
Hearsay
Successive conflict of interest
Interrogatories
10. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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11. An issue that the court has never faced before.
Issue of first impression
Best evidence rule
Retainer agreement
Contingency Fee
12. The papers that begin a lawsuit-generally - the complaint and the answer.
Property law
Separation of powers
Pleadings
Arrest
13. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Majority opinion
Reverse
False imprisonment
Plain meaning
14. 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.
Transition
Dictum
Bail
Motion for a new trial
15. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Notice pleading
M'Naghten test
Assumption of the risk
16. 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.
Pocket part
Personal jurisdiction
Loislaw
Liberal construction
17. 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.
Hearsay
Dismissal with prejudice
Summons
Irresistible impulse test
18. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Narrow Holding
Service
Consideration
19. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Overrule
Remand
Necessity
Successive conflict of interest
20. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Contributory negligence
Billable hours
Evidence
21. Law that deals with harm to society as a whole.
Arrest
Plain view doctrine
Criminal law
Motion for a new trial
22. All property that is not real property.
per curium
Personal property
Harmless error
Summons
23. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Professional judgment
Registration
Appellee or respondent
Affirm
24. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Stop and frisk
Reverse
Exhaustion of administrative remedies
25. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Contract
Constitutional law
Limited liability partnership (LLP)
Probable cause
26. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Diversity jurisdiction
Legal Research
Concluding paragraph
Clear and convincing
27. Governmental publication of court opinions.
Partnership
Official reporter
Reprimand or censure
Shepardizing
28. 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.
Valid
Code
Rules of criminal procedure
Plea bargaining
29. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Dissenting opinion
Dismissal with prejudice
Questions of law
Contributory negligence
30. A worldwide network of computer networks.
Clear and convincing
Internet
Summary jury trials
Beyond a reasonable doubt
31. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Summary jury trials
Exigent circumstances
Injunction
Limited liability partnership (LLP)
32. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Actual cause
Issue
U.S. Court of Appeals
Nolo contendere
33. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Administrative law
Evidence
Personal recognizance bond
Legal clinic
34. 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.
Actual cause
Appellate brief
Constructive eviction
Dismissal with prejudice
35. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Documentary evidence
Proving a case within a case
Restatement of the Law of Torts - Second
Reverse
36. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Limited liability partnership (LLP)
Full-text searches
Exigent circumstances
37. 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
Bench trial
Plea bargaining
Diversity jurisdiction
Probable cause
38. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Restatement of the Law of Torts - Second
Slip laws
Bench trial
Hourly rate
39. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Invasion of Privacy
Booking
Leading questions
Hearsay
40. The power of a court to hear a particular type of case.
Voir dire
Personal property
Subject matter jurisdiction
Judicial notice
41. A request that the court release the defendant because of the illegality of the incarceration.
Plaintiff
Request for admissions
Writ of habeas corpus
Hypertext links
42. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Exigent circumstances
Proximate cause
Joint tenancy
Cause of action
43. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Judgment proof
Disbarment
Nolo contendere
44. A court's power to hear any type of case arising within its geographical area.
Issue
Billable hours
General jurisdiction
Cause of action
45. A request made to the court.
Motion
Unofficial reporter
Internet
Contingency fee
46. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Circumstantial evidence
Best evidence rule
Judicial activism
47. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Westlaw
Plain view doctrine
Model Rules of Professional Conduct
48. A computerized database that contains key information about the content of documents - such as medical records.
Circumstantial evidence
Deponent
Discovery
Structured database
49. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Comparative negligence
Professional Corporation (PC)
Verdict
On all fours
50. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Disposition
Case citation
Dictum
Original jurisdiction