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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 request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Practice of law
Popular name table
Comparative negligence
2. 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.
Booking
Verification
Headnote
Subpoena duces tecum
3. The revocation of an attorney's license.
Disbarment
Judicial activism
Issue
Power of judicial review
4. 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.
Shepardizing
Professional judgment
Narrow Holding
Constitutional law
5. 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).
Comparative negligence
Authentication
Plain view doctrine
Joint tenancy
6. The failure to act reasonably under the circumstances.
Legislative intent
Pretrial conference
Negligence
Mens rea
7. Voluntarily and knowingly subjecting oneself to danger.
Beyond a reasonable doubt
Nolo contendere
Assumption of the risk
Challenge for cause
8. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Questions of fact
Secondary authority
Legislative history
Reverse
9. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Beyond a reasonable doubt
Search engine
Active Listening
10. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Motion in limine
Subpoena
Holding
11. 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
Strict liability
Damages
Structured database
12. The law itself - such as statutes and court opinions.
Primary authority
Damages
Double jeopardy
Recklessness
13. Including more than one count in a complaint; the counts do not need to be consistent.
Code of Federal Regulations (C.F.R.)
Evidence
Plea bargaining
Pleading in the alternative
14. 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.
Bailment
Statutory element
Appellate courts
Evidence
15. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Motion to suppress
M'Naghten test
Court of record
Consideration
16. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Contributory negligence
Syllabus
Treatment
Cross-claim
17. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Proving a case within a case
Restrictive covenant
Directed verdict
Subsequent case history
18. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Limited jurisdiction
Proximate cause
Exculpatory clause
19. A constitutional protection against being tried twice for the same crime.
Lay witness
Double jeopardy
Hearsay
Fruit of the poisonous tree doctrine
20. Establishes a direct link to the event that must be proven.
Questions of law
Exculpatory evidence
Competency
Direct evidence
21. A court's power to hear any type of case arising within its geographical area.
Eminent Domain
Negligence
Fruit of the poisonous tree doctrine
General jurisdiction
22. In a case brief - the rule of law applied to the case's specific facts.
Closed Questions
Judgment notwithstanding the verdict (judgment N.O.V.)
Rules of evidence
Issue
23. An advance or down payment that is given to engage the services of an attorney.
Pleading in the alternative
Retainer
Original jurisdiction
Common law
24. A court's power to hear only specialized cases.
Limited jurisdiction
Pleadings
Structured database
Voir dire
25. The general jurisdiction trial courts in the federal system.
Lay a foundation
Negligence
U.S. district courts
Exigent circumstances
26. Law dealing with ownership.
Specific performance
Pocket part
Fixed Fee
Property law
27. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Res ipsa loquitur
Legislative history
Holding
28. The party in a case who has initiated an appeal.
Documentary evidence
Appellate or petitioner
Questions of fact
Remedial statute
29. A summary of a court opinion that appears at the beginning of the case.
Personal jurisdiction
Syllabus
Notice
Successive conflict of interest
30. 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.
Concurrent conflict of interest
Substantial capacity test
Reverse
Client trust account
31. Proof that the evidence is what it is said to be.
Plea bargaining
Authentication
Vicarious representation
Personal property
32. A meeting of the attorneys and the judge prior to the beginning of the trial.
Clearly erroneous
Pretrial conference
Punitive damages
Actus rea
33. The failure to act reasonably under the circumstances.
Registration
Minor premise
Evidence
Negligence
34. An actual incident or condition; not a legal consequence.
Fact
Appellate or petitioner
Stare decisis
Issue of first impression
35. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Direct examination
Retreat exception
Tenancy in common
36. The intermediate appellate courts in the federal system.
Plain meaning
Major premise
U.S. Court of Appeals
Eminent Domain
37. The reference to a particular page within an opinion.
Third-party claim
Statutes of limitations
Alternative dispute resolution (ADR)
Pinpoint cite
38. Evidence that suggests the defendant's guilt.
Distinguishable cases
Inculpatory evidence
Prima facie case
Syllabus
39. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Irresistible impulse test
Harmless error
Popular name table
Rules of evidence
40. A set of standardized jury instructions.
Diversity jurisdiction
Third-party claim
Pattern jury instructions
Reprimand or censure
41. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Verdict
Interrogatories
Transition
Writ of execution
42. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Unofficial reporter
Citation
Hearsay
Mistrial
43. Law that deals with harm to an individual.
Res ipsa loquitur
Civil law
Overrule
Negligence
44. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Tenancy in common
Federalism
Product misuse
45. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Best evidence rule
Treatment
Legal Reasoning
Lay witness
46. A provision in a deed that prohibits specified uses of the property.
Unauthorized practice of law
Preponderance of the evidence
Fruit of the poisonous tree doctrine
Restrictive covenant
47. 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.
Annotated statutes
Exclusionary rule
Preponderance of the evidence
Implied warranty of habitability
48. Liability without a showing of fault.
Strict liability
Entrapment
Products liability
Substantial capacity test
49. Bad act.
Deponent
Legal technician
Actus rea
12(b)(6) motion
50. Something of value exchanged to form the basis of a contract.
Leading question
Consideration
Enabling act
Joint tenancy