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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. Not factually true - but accepted by the courts as being legally true.
Constructive
Proving a case within a case
Open Questions
Punitive damages
2. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Leading question
Reverse
Respondeat superior
Appellate brief
3. Cases that involve different facts and/or rules of law.
Successive conflict of interest
Distinguishable cases
Subject matter jurisdiction
Real property
4. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Structured database
Affirm
Substantive law
5. A court's power to hear only specialized cases.
Subsequent case history
Limited jurisdiction
Arrest
Miranda warnings
6. A national voluntary organization of lawyers.
Reverse
American Bar Association (ABA) www.abanet.org
Constructive eviction
Federalism
7. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Proving a case within a case
Retainer
Assumption of the risk
8. A trial court error that is not sufficient to warrant reversing the decision.
Preemption
Judgment proof
Rules of criminal procedure
Harmless error
9. The rule that in order to claim self-defense there must have been no possibility of retreat.
Products liability
Legal malpractice
Retreat exception
Professional Corporation (PC)
10. The reference to a particular page within an opinion.
Pinpoint cite
Leading question
Certified
Headnote
11. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Separation of powers
Confidentiality
No-knock warrant
Statute of limitations
12. Bad intent.
Diversity jurisdiction
Mens rea
Pattern jury instructions
Assault
13. The pretrial oral questioning of a witness under oath.
Documentary evidence
Motion in limine
Deposition
Affirmative defense
14. The chronological publication of statutes at the end of a legislative session.
Motion for a new trial
Statutes at large or session laws
Ejusdem generis
American Bar Association (ABA) www.abanet.org
15. A requirement that a party fulfill his or her contractual obligations.
Concurring opinion
Legal Research
Mandatory authority
Specific performance
16. A right to use property owned by another for a limited purpose.
No-knock warrant
Compulsory joinder
Easement
Pinpoint cite
17. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Expert witness
Damages
Legal writing
Indictment
18. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Documentary evidence
Closed Questions
Appellee or respondent
19. A defense whereby the defendant offers new evidence to avoid judgment.
Compulsory joinder
Statute
Notice pleading
Affirmative defense
20. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Federalism
Billable hours
Invasion of Privacy
21. The power of a court to hear a case.
Products liability
Jurisdiction
Closed Questions
Remand
22. A law enacted by a state legislature or by Congress.
Counterclaim
Voir dire
Entrapment
Statute
23. The pleading that begins a lawsuit.
Complaint
Reverse
Reprimand or censure
International Paralegal Management Association (IPMA) www.paralegal management.org
24. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Freelance Paralegal
Pattern jury instructions
Remand
25. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Reasonable suspicion
Count
U.S. Court of Appeals
26. The power of a court to force a person to appear before it.
Personal jurisdiction
Service
Holding
Stare decisis
27. Questions that suggest the answer.
Writ of certiorari
Leading questions
Structured database
Affirm
28. When an appellate court sends a case back to the trial court for a new trial or other action.
Dissenting opinion
Assumption of the risk
Syllabus
Remand
29. 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.
Court of record
Limited jurisdiction
No-knock warrant
Miranda warnings
30. Federal and state rules that govern the admissibility of evidence in court.
Major premise
Issue
Appellate brief
Rules of evidence
31. A method for excusing a prospective juror; no reason need be given.
Subject matter jurisdiction
Certified
Diversity jurisdiction
Peremptory challenge
32. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Concurrent conflict of interest
Preemption
Cause of action
Evidence
33. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Certified
Respondeat superior
Complaint
Remand
34. 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.
Minor premise
Concurring opinion
Legal Research
Case citation
35. 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
Leading question
Partnership
Bail
36. 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
Pretrial motion
Limited jurisdiction
Narrow Holding
37. A suspicion based on specific facts; less than probable cause.
Exigent circumstances
Bench trial
Reasonable suspicion
Open Questions
38. A form in which statutes are published; they are printed individually at the time they are first enacted.
Major premise
Joint tenancy
Slip laws
Leading question
39. A defense whereby the defendant offers new evidence to avoid judgment.
Code of Federal Regulations (C.F.R.)
Statute in derogation of the common law
Affirmative defense
Rule 56 motion (summary judgment motion)
40. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Affirm
Arraignment
Rule
Substantial capacity test
41. When an appellate court that normally sits in panels sits as a whole.
Case citation
En banc
Testimonial evidence
Comparative negligence
42. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Personal property
Guardian
Open Questions
Relevancy
43. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Cause of action
En banc
Documentary evidence
Reverse
44. Rules of conduct promulgated and enforced by the government.
Legislative intent
Statute
Ejusdem generis
Laws
45. A court opinion that establishes new law in an important area.
Landmark decision
Specific performance
Harmless error
U.S. Supreme Court
46. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Comparative negligence
International Paralegal Management Association (IPMA) www.paralegal management.org
Pretrial motion
Probable cause
47. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Exigent circumstances
Canons of construction
Defendant
Caption
48. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Miranda warnings
Minimum contacts
Dismissal with prejudice
49. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Model Rules of Professional Conduct
Fruit of the poisonous tree doctrine
Syllabus
50. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Closed Questions
Easement
Rules of criminal procedure
Entrapment