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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 court's power to hear only specialized cases.
Pinpoint cite
Booking
Limited jurisdiction
False imprisonment
2. A constitutional protection against being tried twice for the same crime.
Plain meaning
Recidivist
Full-text searches
Double jeopardy
3. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Questions of law
Practice of law
Rule
Contributory negligence
4. The questioning of an opposing witness.
M'Naghten test
Contributory negligence
Arbitration
Cross-examination
5. 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.
Irresistible impulse test
Major premise
Affirm
Battery
6. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Common law
U.S. Supreme Court
Assumption of the risk
7. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Valid
Negligence
Motion in limine
8. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
12(b)(6) motion
Derogation of the common law
Invasion of Privacy
Stare decisis
9. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Pattern jury instructions
Exhaustion of administrative remedies
Power of judicial review
Questions of law
10. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Complaint
Evidence
Legislative intent
11. Consists of records - contracts - leases - wills - and other written instruments.
Full-text searches
Documentary evidence
Holding
Federalism
12. A statute establishing and setting out the powers of an administrative agency.
Direct evidence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Enabling act
Pleadings
13. The failure to act reasonably under the circumstances.
Code of Federal Regulations (C.F.R.)
Concurrent jurisdiction
Negligence
Headnote
14. Rules of conduct promulgated and enforced by the government.
Secondary authority
Laws
Circumstantial evidence
Notice
15. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Model Rules of Professional Conduct
Disbarment
Legislative intent
16. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Deductive reasoning
Charging the jury
Judgment proof
17. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Reversible error
Codification of the common law
Citing case
Diversity jurisdiction
18. The pretrial oral questioning of a witness under oath.
Model Rules of Professional Conduct
Deposition
Appellate or petitioner
Corroborative evidence
19. Summary of one legal point in a court opinion; written by the editors at West.
Inculpatory evidence
Headnote
Affirm
Affirmative defense
20. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Codification of the common law
Appellee or respondent
Nolo contendere
Hypertext links
21. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Self-defense
Invasion of Privacy
International Paralegal Management Association (IPMA) www.paralegal management.org
22. Information that can be presented in a court of law as proof of some fact.
Arrest
Punitive damages
Evidence
Relevancy
23. The revocation of an attorney's license.
Hypertext links
Grand jury
Reasonable suspicion
Disbarment
24. A calendering system that records key dates and important deadlines.
Personal jurisdiction
Tickler System
Irresistible impulse test
Legal fiction
25. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Insanity defense
Contract
Prima facie case
Restrictive covenant
26. A defense whereby the defendant offers new evidence to avoid judgment.
Dictum
Affirmative defense
Code
Peremptory challenge
27. The power of a court to hear a case.
Best evidence rule
Jurisdiction
Discovery
Motion for a new trial
28. An actual incident or condition; not a legal consequence.
Bail
Federal question jurisdiction
Fact
Tenancy in common
29. Courts that determine the facts and apply the law to the facts.
Booking
Popular name table
Trial courts
Client trust account
30. A canon of construction meaning 'of the same class.:
Pretrial conference
Ejusdem generis
U.S. Court of Appeals
Appellate or petitioner
31. The power of government to take private property for public purposes.
Contributory negligence
Bench trial
Eminent Domain
Narrow Holding
32. 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.
Affirm
Federalism
Syllabus
Treatment
33. Federal and state rules that govern the admissibility of evidence in court.
Westlaw
Rules of evidence
Motion to suppress
Statute in derogation of the common law
34. A public or private statement that an attorney's conduct violated the code of ethics.
Power of judicial review
Reprimand or censure
Products liability
Subpoena
35. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Strict construction
Void for vagueness
Summary jury trials
False imprisonment
36. A request made to the court.
Corroborative evidence
Evidence
Intentional tort
Motion
37. 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.
Pretrial motion
Assumption
Deposition
Statutes of limitations
38. The rule that in order to claim self-defense there must have been no possibility of retreat.
Exclusive jurisdiction
Retreat exception
Treatment
Execute
39. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
Remand
Preponderance of the evidence
Class action suit
40. Evidence that supports previous testimony but that comes in a different form.
Prima facie case
Slip laws
Corroborative evidence
Leading questions
41. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Statute of limitations
Battered woman's or spouse's syndrome
Execute
12(b)(6) motion
42. An advance or down payment that is given to engage the services of an attorney.
Personal recognizance bond
Questions of law
Retainer
Pocket part
43. Violation of a statute as proof of negligence
Dissenting opinion
Overrule
Case reporters
Negligence per se
44. An intentional act that creates a harmful or offensive physical contact.
Suspension
Battery
Issue
Judgment
45. A statement in a judicial opinion not necessary for the decision of the case.
Joint tenancy
Attorney-client privilege
Restrictive covenant
Dictum
46. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Comparative negligence
Statutes at large or session laws
U.S. district courts
47. 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
Guardian
Jurisdiction
Negligence per se
48. The intermediate appellate courts in the federal system.
Hypertext links
U.S. Court of Appeals
Best evidence rule
Appellant or petitioner
49. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Codification
Pretrial motion
Double jeopardy
50. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Legal clinic
Major premise
Arbitration
Structured database