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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. Law that regulates how the legal system operates.
Contributory negligence
Evidence
Procedural law
Removal
2. A court's prior permission for the police to search and seize.
Verification
Legal fiction
Majority opinion
Warrant
3. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Pleading in the alternative
Cross-claim
Retreat exception
4. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
U.S. Court of Appeals
Bill of Rights
Legal technician
Deductive reasoning
5. A request that the court order that certain information not be mentioned in the presence of the jury.
National Association of Legal Assistants (NALA) www.nala.org
Removal
Motion in limine
Circumstantial evidence
6. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Trial courts
Legal Reasoning
Contingency Fee
Prior case history
7. To perform.
Retainer
Execute
Canons of construction
Guardian
8. Courts that determine whether lower courts have made errors of law.
Bill of Rights
Appellate courts
Statute of limitations
Plain meaning
9. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Product misuse
Concluding paragraph
Motion in limine
Void for vagueness
10. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Search engine
Count
Best evidence rule
11. 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.
Proximate cause
Exhaustion of administrative remedies
Plea bargaining
Personal property
12. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Loislaw
Unofficial reporter
Certificated
Intellectual Property
13. 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).
Tenancy by the entirety
Joint tenancy
Pleading in the alternative
Actual cause
14. A court's power to hear only specialized cases.
Personal property
Necessity
Limited jurisdiction
Bill of Rights
15. Law dealing with ownership.
Potential conflict
On all fours
Case citation
Property law
16. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Codification
Exclusive jurisdiction
Holding
Legal writing
17. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Actual cause
Trial courts
Materiality
18. A provision that purports to waive liability.
Affirm
Exculpatory clause
Void for vagueness
Recidivist
19. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Subsequent case history
Punitive damages
Agent
Dissenting opinion
20. The process of properly identifying and authenticating evidence so that it can be introduced.
Closed Questions
Judgment
Lay a foundation
Reverse
21. An issue that the court has never faced before.
Shepardizing
Original jurisdiction
Issue of first impression
Necessity
22. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Plain view doctrine
Double jeopardy
Hourly rate
Caption
23. When an appellate court overturns or negates the decision of a lower court.
Reverse
Codification
Major premise
Motion to suppress
24. Generally - an emergency situation that allows a search to proceed without a warrant.
Exigent circumstances
Exhaustion of administrative remedies
Judicial review
Full-text database
25. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Headnote
Unofficial reporter
Reverse
26. A warrant that allows the police to enter without announcing their presence in advance.
Damages
Exculpatory evidence
Arbitration
No-knock warrant
27. A person who initiates a lawsuit.
Criminal law
Plaintiff
Dictum
Deductive reasoning
28. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Open Questions
Judgment notwithstanding the verdict (judgment N.O.V.)
Real or physical evidence
Product misuse
29. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Judicial notice
No-knock warrant
Removal
Pretrial motion
30. The result reached in a particular case.
Disposition
Derogation of the common law
Pocket part
Exhaustion of administrative remedies
31. A constitutional protection against being tried twice for the same crime.
Retreat exception
Double jeopardy
Consideration
Cumulative evidence
32. A grand jury's written accusation that a given individual has committed a crime.
Pretrial conference
Indictment
Appellate brief
Directed verdict
33. A suspicion based on specific facts; less than probable cause.
Federalism
Materiality
Active Listening
Reasonable suspicion
34. When more than one court has jurisdiction to hear a case.
Count
Concurrent jurisdiction
Digest
Plaintiff
35. The general jurisdiction trial courts in the federal system.
U.S. district courts
Mandatory authority
Analogous cases
Personal recognizance bond
36. In a case brief - facts that deal with what happened to the parties before the litigation began.
Request for admissions
Appellant or petitioner
Constructive
Substantive facts
37. A law enacted by a state legislature or by Congress.
Statute
Legal Reasoning
Prior case history
Exigent circumstances
38. A set charge for a specific service - such as drafting a simple will.
Preponderance of the evidence
Fixed Fee
Exhaustion of administrative remedies
Clear and convincing
39. The power of a court to hear a case.
Jurisdiction
Judgment
Appellant or petitioner
On point
40. All property that is not real property.
Personal property
Syllabus
Rules of evidence
Minor premise
41. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Client trust account
Cross-claim
Punitive damages
Concluding paragraph
42. In a case brief - the rule of law applied to the case's specific facts.
Restatement of the Law of Torts - Second
Motion to suppress
Federal question jurisdiction
Issue
43. A form in which statutes are published; they are printed individually at the time they are first enacted.
Service
Stop and frisk
Slip laws
Jurisdiction
44. An opinion that agrees with the majority's result but disagrees with the reasoning.
Open Questions
Concurring opinion
Original jurisdiction
Subsequent case history
45. A statute establishing and setting out the powers of an administrative agency.
Competency
Enabling act
Arraignment
Void for vagueness
46. Disregarding a substantial and unjustifiable risk that harm will result.
Concurrent jurisdiction
Recklessness
Slip laws
Negligence
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.
Third-party claim
Official reporter
Evidence
False imprisonment
48. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Judicial notice
Actus rea
Concurrent jurisdiction
49. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Plain meaning
Retainer
Execute
50. Indirect evidence - used to prove facts by implication.
Registration
Competency
Circumstantial evidence
Billable hours