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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 term used to describe two cases that are almost identical - with similar facts and legal issues.
Deductive reasoning
Loislaw
On all fours
Remand
2. 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.
Affirm
Guardian
Intentional tort
Landmark decision
3. A requirement that a party fulfill his or her contractual obligations.
Specific performance
Contract
Products liability
Assumption
4. The revocation of an attorney's license.
Substantial capacity test
Disbarment
Issue
Recklessness
5. A request made to the court.
Case reporters
Subsequent case history
Motion
En banc
6. 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.
Issue
Caption
Injunction
Pocket part
7. The general jurisdiction trial courts in the federal system.
Case reporters
Conflict of interest
Corroborative evidence
U.S. district courts
8. Law that deals with harm to an individual.
Plaintiff
Removal
Legal malpractice
Civil law
9. The justified use of force to protect oneself or others.
Defamation
Holding
Verification
Self-defense
10. 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
On point
Strict liability
Fruit of the poisonous tree doctrine
11. Questions that suggest the answer.
Subsequent case history
Reprimand or censure
Self-defense
Leading questions
12. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Hypertext links
Third-party claim
Dissenting opinion
Exhaustion of administrative remedies
13. A tort committed by one who intends to do the act that creates the harm.
Unauthorized practice of law
Defamation
Intentional tort
Codification
14. The rule requiring that the original document be produced at trial.
Best evidence rule
Lay a foundation
Summons
Quiet enjoyment
15. The pleading that begins a lawsuit.
Personal property
Exculpatory evidence
Fact
Complaint
16. Also known as real estate; land and items growing on or permanently attached to that land.
Legal services offices
Statutes of limitations
Real Property
Court of record
17. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Full-text database
Potential conflict
Transition
No-knock warrant
18. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Suspension
Testimonial evidence
Original jurisdiction
Official reporter
19. 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.
Agent
Statutes of limitations
Challenge for cause
Questions of law
20. The transfer of a case from one state court to a federal court.
Contingency Fee
Assault
Booking
Removal
21. A book that contains court opinion headnotes arranged by subject matter.
Federalism
12(b)(6) motion
Court of record
Digest
22. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Statutory element
Intentional tort
Contingency fee
Original jurisdiction
23. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Potential conflict
Clear and convincing
Actus rea
Jurisdiction
24. 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.
Legal Research
Recklessness
Miranda warnings
Exigent circumstances
25. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Constructive
Peremptory challenge
Full-text searches
Valid
26. Written questions sent by one side to the opposing side - answered under oath.
Class action suit
Best evidence rule
Cross-examination
Interrogatories
27. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Testimonial evidence
Closed Questions
Remand
28. Court decisions from a higher court in the same jurisdiction.
Analogous cases
Mandatory authority
Transition
per curium
29. An opinion that disagrees with the majority's decision and reasoning.
Internet
Challenge for cause
Notice
Dissenting opinion
30. The person who is being asked questions at a deposition.
En banc
Deponent
Plain view doctrine
Agent
31. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
U.S. district courts
Exclusionary rule
Personal recognizance bond
Motion for a new trial
32. When an appellate court sends a case back to the trial court for a new trial or other action.
Necessity
Plaintiff
Personal property
Remand
33. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Dismissal with prejudice
Reverse
Comparative negligence
34. A statute that changes the common law.
Statute in derogation of the common law
Assumption of the risk
Direct evidence
Suspension
35. Someone who has the power to act in the place of another.
U.S. Supreme Court
Conflict of interest
Agent
Pleadings
36. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Grand jury
Unofficial reporter
Personal property
Double jeopardy
37. 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.
Property
Lay witness
Motion to require a finding of not guilty
Negligence
38. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Complaint
Arbitration
Judgment notwithstanding the verdict (judgment N.O.V.)
Exclusive jurisdiction
39. The failure to act reasonably under the circumstances.
Insanity defense
Negligence
Double jeopardy
Legislative history
40. 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).
Joint tenancy
Model Rules of Professional Conduct
Federalism
Arbitration
41. The power of a court to hear a particular type of case.
Criminal law
Cross-claim
Alternative dispute resolution (ADR)
Subject matter jurisdiction
42. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
American Association for Paralegal Education (AAfPE) www.aafpe.org
Motion to require a finding of not guilty
Primary authority
43. 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.
Pattern jury instructions
Rule 56 motion (summary judgment motion)
Loislaw
Black-letter law
44. 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.
Judicial review
Clearly erroneous
Default judgment
Evidence
45. When only one court has the power to hear a case.
Client trust account
Double jeopardy
Exclusive jurisdiction
Valid
46. The process of finding the law.
Legal Research
Adverse possession
Directed verdict
Full-text searches
47. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Leading questions
Third-party claim
Minimum contacts
Major premise
48. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Retainer agreement
Comparative negligence
Lexis
Lay advocate
49. A repeat offender; one who continues to commit more crimes.
Compensatory damages
Primary authority
Comparative negligence
Recidivist
50. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Intentional tort
Consideration
Secondary authority