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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 body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Injunction
En banc
Vicarious representation
Constitutional law
2. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Contingency fee
Substantive facts
Remand
Mediation
3. In logic - a belief that justifies one in arguing a conclusion.
Disposition
Jurisdiction
Assumption
Negligence per se
4. A court order authorizing a sheriff to take property in order to enforce a judgment.
Assumption of the risk
Issue
Writ of execution
Legislative intent
5. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Res ipsa loquitur
Strict liability
Removal
6. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Defendant
Execute
Alternative dispute resolution (ADR)
Real or physical evidence
7. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
National Association of Legal Assistants (NALA) www.nala.org
Limited jurisdiction
Bench trial
8. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federalism
Broad holding
Statute of limitations
Motion for a new trial
9. 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.
Limited liability partnership (LLP)
Cause of action
Nolo contendere
Defamation
10. 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.
Strict liability
Narrow Holding
Enabling act
Intentional tort
11. A determination that an attorney may not practice law for a set period of time.
Suspension
Questions of fact
Property law
Secondary authority
12. A request that the court prohibit the use of certain evidence at the trial.
Reverse
Motion to suppress
Concurrent jurisdiction
Self-defense
13. Governmental publication of court opinions.
Concurrent conflict of interest
Official reporter
Defamation
Common law
14. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Confidentiality
Minimum contacts
Joint tenancy
Lay witness
15. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Statute of limitations
Rule 56 motion (summary judgment motion)
Overbreadth
Regulation
16. A right to use property owned by another for a limited purpose.
Remand
Easement
Ethical wall or screen or cone of silence
Practice of law
17. The papers that begin a lawsuit-generally - the complaint and the answer.
Recklessness
Contract
Personal property
Pleadings
18. Liability without having to prove fault.
Strict liability
U.S. Supreme Court
Pleading in the alternative
En banc
19. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Insanity defense
Legal services offices
Popular name table
20. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Res ipsa loquitur
Competency
Client trust account
Civil law
21. 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.
Necessity
Caption
Duress
Regulation
22. The educated ability to apply law to specific facts.
Attorney-client privilege
Quiet enjoyment
Professional judgment
Retreat exception
23. A tangible object or a right or ownership interest.
Overbreadth
Freelance Paralegal
Treatment
Property
24. The tort theory that an employer can be sued for the negligent acts of its employees.
Strict liability
Respondeat superior
Proving a case within a case
Verdict
25. An advance or down payment that is given to engage the services of an attorney.
Laws
Deponent
Entrapment
Retainer
26. Proof that the evidence is what it is said to be.
Pinpoint cite
U.S. district courts
Authentication
Default judgment
27. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Inculpatory evidence
Nolo contendere
Personal jurisdiction
Hourly rate
28. Cases that involve different facts and/or rules of law.
Distinguishable cases
Judgment proof
Road Map paragraph
Clearly erroneous
29. The process of organizing statutes by subject matter.
Codification
Mediation
Caption
Secondary authority
30. Federal and state rules that regulate how criminal proceedings are conducted.
General jurisdiction
Mandatory authority
Rules of criminal procedure
Statute in derogation of the common law
31. A term used to describe a case that is similar to another case.
Direct examination
Official reporter
On point
Substantive law
32. The chronological publication of statutes at the end of a legislative session.
Citing case
Statutes at large or session laws
Motion
Leading question
33. Questions relating to the interpretation or application of the law.
Questions of law
Clearly erroneous
Successive conflict of interest
Complaint
34. The justified use of force to protect oneself or others.
Self-defense
Statutes of limitations
Digest
Real or physical evidence
35. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Strict construction
Res ipsa loquitur
Ethical wall or screen or cone of silence
Exclusive jurisdiction
36. Questions relating to what happened: who - what - when - where - and how.
Reverse
Unauthorized practice of law
Active Listening
Questions of fact
37. Land and objects permanently attached to land.
Plaintiff
Real property
Plain meaning
Intentional tort
38. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Answer
Tenancy by the entirety
Road Map paragraph
Legislative intent
39. 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.
Constructive eviction
Exclusive jurisdiction
12(b)(6) motion
Probable cause
40. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Code
American Bar Association (ABA) www.abanet.org
Assault
Exclusionary rule
41. A trial conducted without a jury.
Discovery
Reverse
Preponderance of the evidence
Bench trial
42. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Reprimand or censure
Criminal law
Cumulative evidence
Unofficial reporter
43. Information about the law - such as that contained in encyclopedias and law review articles.
Plaintiff
Pleading in the alternative
Secondary authority
Bill of Rights
44. Cases that involve similar facts and rules of law.
Analogous cases
Negligence per se
12(b)(6) motion
Issue
45. 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.
Limited liability partnership (LLP)
Remand
Restatement of the Law of Torts - Second
Pattern jury instructions
46. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Limited liability partnership (LLP)
Joint tenancy
Suspension
47. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Doctrine of implied powers
Counterclaim
Potential conflict
48. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Products liability
Judicial notice
Suspension
Case reporters
49. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Practice of law
Invasion of Privacy
Grand jury
Affirm
50. A trial court error that is not sufficient to warrant reversing the decision.
Rule 56 motion (summary judgment motion)
Harmless error
Lexis
Count