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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. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Notice pleading
Clear and convincing
Quiet enjoyment
2. Rules of conduct promulgated and enforced by the government.
Laws
No-knock warrant
Statutory element
Injunction
3. A fee calculated as a percentage of the settlement or award in the case.
Judicial restraint
Valid
Preemption
Contingency Fee
4. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Stop and frisk
Appellee or respondent
Invasion of Privacy
Federalism
5. A summary of one legal point in a court opinion; written by the editors at West.
Procedural facts
Headnote
Retreat exception
Agent
6. The transfer of a case from one state court to a federal court.
Cross-examination
Relevancy
Removal
Vicarious representation
7. An approach whereby the courts give a statute a narrow interpretation.
Deductive reasoning
Strict construction
Reverse
Substantive law
8. 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.
Dismissal with prejudice
Citing case
Caption
Paralegal
9. The intermediate appellate courts in the federal system.
Strict liability
Exculpatory clause
U.S. Court of Appeals
Compulsory joinder
10. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Compulsory joinder
Legal fiction
Issue
Double jeopardy
11. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Subject matter jurisdiction
Service
Headnote
Circumstantial evidence
12. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
Distinguishable cases
International Paralegal Management Association (IPMA) www.paralegal management.org
Legal malpractice
13. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Retainer agreement
Assumption of the risk
Subpoena
14. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Lexis
Major premise
Restrictive covenant
15. A provision in a deed that prohibits specified uses of the property.
Deposition
Restrictive covenant
Tenancy in common
Joint tenancy
16. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Caption
Class action suit
Substantial capacity test
Cross-claim
17. A trial conducted without a jury.
Remedial statute
Bench trial
Trial courts
U.S. Supreme Court
18. 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
Mediation
Legal services offices
Fact
19. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Constructive eviction
Subsequent case history
Alternative dispute resolution (ADR)
Easement
20. The person who is being asked questions at a deposition.
Cumulative evidence
Administrative law
Deponent
Warrant
21. Law that regulates how the legal system operates.
Constructive eviction
Procedural law
Diversity jurisdiction
Case citation
22. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Res ipsa loquitur
Transition
Cross-examination
Federalism
23. An agreement supported by consideration.
Interrogatories
Hearsay
Defendant
Contract
24. Information that can be presented in a court of law as proof of some fact.
Evidence
Real Property
Subject matter jurisdiction
Challenge for cause
25. A defense requiring proof that the defendant was not mentally responsible.
Trial courts
Pretrial motion
Insanity defense
National Federation of Paralegal Associations (NFPA) www.paralegals.org
26. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Valid
Writ of execution
Tenancy by the entirety
27. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Entrapment
Contributory negligence
Lay advocate
Default judgment
28. A law promulgated by an administrative agency.
Self-defense
Pleading in the alternative
Regulation
Subsequent case history
29. The highest federal appellate court - consisting of nine appointed members.
Cross-claim
U.S. Supreme Court
Charging the jury
Primary authority
30. In a complaint - one cause of action.
Property
Standing
Count
Hearsay
31. 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.
Motion for a new trial
Practice of law
Irresistible impulse test
Notice pleading
32. All property that is not real property.
Product misuse
Holding
Writ of certiorari
Personal property
33. The division of governmental power among the legislative - executive - and judicial branches.
Res ipsa loquitur
Separation of powers
Judgment
Assumption of the risk
34. When more than one court has jurisdiction to hear a case.
Assumption of the risk
Negligence
Peremptory challenge
Concurrent jurisdiction
35. An opinion that disagrees with the majority's decision and reasoning.
Regulation
Trial courts
Dissenting opinion
Challenge for cause
36. Law that deals with harm to an individual.
Constitutional law
Judgment
Compensatory damages
Civil law
37. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Leading questions
Judgment proof
Constructive eviction
Challenge for cause
38. Questions relating to the interpretation or application of the law.
Questions of law
Complaint
Fixed Fee
Pleading in the alternative
39. A meeting of the attorneys and the judge prior to the beginning of the trial.
Retainer
Products liability
Nolo contendere
Pretrial conference
40. Generally - an emergency situation that allows a search to proceed without a warrant.
Comparative negligence
Implied warranty of habitability
Exigent circumstances
Reverse
41. A person who initiates an appeal.
Exculpatory clause
Freelance Paralegal
Appellant or petitioner
Paralegal
42. 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.
Evidence
Distinguishable cases
Annotated statutes
Affirmative defense
43. A court's prior permission for the police to search and seize.
Warrant
Recidivist
Judgment proof
Hypertext links
44. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Challenge for cause
Joint tenancy
Certificated
45. The educated ability to apply law to specific facts.
Limited liability partnership (LLP)
Professional judgment
Overrule
Constitutional law
46. A witness who has not been shown to have any special expertise.
Lay witness
Judicial notice
Dissenting opinion
Legislative intent
47. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Confidentiality
Indictment
Federalism
Holding
48. A compilation of federal administrative regulations arranged by agency.
Suspension
Judicial review
Affirmative defense
Code of Federal Regulations (C.F.R.)
49. General principles that guide the courts in their interpretation of statutes.
Affirm
Indictment
Professional judgment
Canons of construction
50. 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
Judgment notwithstanding the verdict (judgment N.O.V.)
Strict liability
Intellectual Property