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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.
Questions of fact
Constructive
12(b)(6) motion
Confidentiality
2. Bad intent.
Retreat exception
Issue of first impression
Mens rea
Slip laws
3. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Notice pleading
Punitive damages
Preponderance of the evidence
Real property
4. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Canons of construction
Entrapment
Appellee or respondent
Proximate cause
5. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Major premise
Primary authority
Road Map paragraph
Property
6. A grand jury's written accusation that a given individual has committed a crime.
Analogous cases
Indictment
Comparative negligence
Legal malpractice
7. 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.
Verdict
Products liability
Unauthorized practice of law
Narrow Holding
8. A statement in a judicial opinion not necessary for the decision of the case.
Reverse
Affirmative defense
Dictum
Digest
9. A suspicion based on specific facts; less than probable cause.
Execute
Reasonable suspicion
Issue
Subpoena
10. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Appellate brief
Tenancy in common
Active Listening
Removal
11. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Grand jury
Defendant
Deponent
Affirm
12. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Ethical wall or screen or cone of silence
Quiet enjoyment
Regulation
13. The highest federal appellate court - consisting of nine appointed members.
Subject matter jurisdiction
Cumulative evidence
National Association of Legal Assistants (NALA) www.nala.org
U.S. Supreme Court
14. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Easement
Unofficial reporter
Motion
Fact
15. Also known as real estate; land and items growing on or permanently attached to that land.
U.S. Supreme Court
Mens rea
Real Property
Prima facie case
16. 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.
Power of judicial review
Third-party claim
Competency
Contingency Fee
17. An intentional act that creates a harmful or offensive physical contact.
Personal recognizance bond
Battery
Appellate courts
Request for admissions
18. An actual incident or condition; not a legal consequence.
False imprisonment
Fact
Plea bargaining
Strict liability
19. Evidence that does not add any new information but that confirms facts that already have been established.
Circumstantial evidence
Affirm
Cumulative evidence
Exculpatory evidence
20. Law that deals with harm to an individual.
Implied warranty of habitability
Civil law
Subsequent case history
Entrapment
21. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
American Bar Association (ABA) www.abanet.org
Overrule
Counterclaim
Proximate cause
22. A repeat offender; one who continues to commit more crimes.
Judicial review
Peremptory challenge
Subject matter jurisdiction
Recidivist
23. The transfer of a case from one state court to a federal court.
Arrest
Directed verdict
Removal
Questions of law
24. A term used to describe a case that is similar to another case.
Client trust account
On point
Bill of Rights
Distinguishable cases
25. In a case brief - the rule of law applied to the case's specific facts.
Plaintiff
Pleading in the alternative
Issue
Testimonial evidence
26. A court's power to hear only specialized cases.
Subsequent case history
Fact
Trial courts
Limited jurisdiction
27. A court opinion that establishes new law in an important area.
Landmark decision
National Association of Legal Assistants (NALA) www.nala.org
Road Map paragraph
Open Questions
28. A national association of paralegal associations.
Mens rea
Preponderance of the evidence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Product misuse
29. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Legal malpractice
Caption
Execute
Proving a case within a case
30. 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.
Miranda warnings
Irresistible impulse test
Property
Liberal construction
31. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Closed Questions
Overbreadth
Relevancy
per curium
32. The justified use of force to protect oneself or others.
Retreat exception
Recidivist
Syllabus
Self-defense
33. Questions relating to the interpretation or application of the law.
Mens rea
Questions of law
Persuasive authority
Defendant
34. 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.
Strict construction
Major premise
Conflict of interest
Writ of habeas corpus
35. A national voluntary organization of lawyers.
Judgment notwithstanding the verdict (judgment N.O.V.)
Warrant
Writ of execution
American Bar Association (ABA) www.abanet.org
36. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Property
Reversible error
Appellate courts
37. The power of the federal courts to hear matters of federal law.
Judgment
Active Listening
Assumption of the risk
Federal question jurisdiction
38. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Third-party claim
Legal fiction
Cumulative evidence
39. Representing someone who is in a position adverse to a prior client.
Common law
Restrictive covenant
Dictum
Successive conflict of interest
40. A person who permits or directs another person to act on the principal's behalf.
Attorney-client privilege
Valid
Principle
Motion for a new trial
41. A summary of a court opinion that appears at the beginning of the case.
Issue
Secondary authority
Syllabus
Corroborative evidence
42. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Pattern jury instructions
Testimonial evidence
Legal writing
U.S. Court of Appeals
43. All property that is not real property.
Conflict of interest
Personal property
Specific performance
Dissenting opinion
44. The pleading that begins a lawsuit.
Strict construction
Doctrine of implied powers
Citation
Complaint
45. When an appellate court sends a case back to the trial court for a new trial or other action.
Persuasive authority
Overrule
Remand
Certificated
46. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Inculpatory evidence
Overbreadth
Treatment
Doctrine of implied powers
47. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Invasion of Privacy
Product misuse
Stare decisis
Holding
48. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Discovery
Freelance Paralegal
Writ of habeas corpus
Liberal construction
49. A computerized database that contains the full text of documents - such as court opinions or depositions.
Leading question
Actus rea
Full-text database
Unofficial reporter
50. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Directed verdict
Mandatory authority
Code
Corroborative evidence