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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 provision that purports to waive liability.
Consideration
Personal jurisdiction
Exculpatory clause
Appellee or respondent
2. The chronological publication of statutes at the end of a legislative session.
Questions of fact
Statutes at large or session laws
Reverse
Ejusdem generis
3. Law that deals with harm to an individual.
Recidivist
American Bar Association (ABA) www.abanet.org
Civil law
Concurring opinion
4. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Invasion of Privacy
Procedural law
Consideration
12(b)(6) motion
5. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Subsequent case history
Deductive reasoning
Citation
Materiality
6. A trial court error that is not sufficient to warrant reversing the decision.
Motion to suppress
Harmless error
Potential conflict
U.S. Court of Appeals
7. In a case brief - the rule of law applied to the case's specific facts.
Nominal damages
Statutes at large or session laws
Appellate brief
Issue
8. A court's prior permission for the police to search and seize.
Transition
Intentional tort
Warrant
Equity
9. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Evidence
Reversible error
Contingency fee
Distinguishable cases
10. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Hearsay
Statutes of limitations
Structured database
Comparative negligence
11. A witness who possesses skill and knowledge beyond that of the average person.
Recklessness
Contingency Fee
Expert witness
Lay advocate
12. The law itself - such as statutes and court opinions.
Primary authority
Necessity
Administrative law
Verdict
13. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Constructive eviction
Legislative history
Strict construction
Procedural facts
14. In a complaint - one cause of action.
Hourly rate
Criminal law
Count
Citation
15. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Lay witness
Questions of fact
Ethical wall or screen or cone of silence
16. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Real Property
Pretrial motion
Preponderance of the evidence
Conflict of interest
17. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Directed verdict
Equity
U.S. Court of Appeals
Testimonial evidence
18. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Expert witness
Compulsory joinder
Guardian
Subpoena duces tecum
19. Not factually true - but accepted by the courts as being legally true.
Headnote
Constructive
Overrule
Overbreadth
20. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Popular name table
Paralegal
Mistrial
per curium
21. 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.
Punitive damages
Statutes of limitations
Slip laws
Tenancy by the entirety
22. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Substantive law
National Association of Legal Assistants (NALA) www.nala.org
Procedural facts
23. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Double jeopardy
Clear and convincing
Execute
Lexis
24. The power of a court to force a person to appear before it.
Diversity jurisdiction
Personal jurisdiction
Strict construction
Lay advocate
25. When a higher court agrees with what lower court has done.
Affirm
Judicial restraint
Restatement of the Law of Torts - Second
Hourly rate
26. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Professional judgment
Bailment
Exhaustion of administrative remedies
27. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Liberal construction
Internet
Laws
28. Land and objects permanently attached to land.
Appellee or respondent
Summary jury trials
Real property
Substantive law
29. Rules of conduct promulgated and enforced by the government.
Contingency fee
Bailment
Laws
Cumulative evidence
30. General principles that guide the courts in their interpretation of statutes.
Reverse
Canons of construction
Statute in derogation of the common law
Separation of powers
31. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Circumstantial evidence
Tenancy in common
Road Map paragraph
Expert witness
32. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Verdict
En banc
Court of record
Documentary evidence
33. 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.
Nolo contendere
Client trust account
Official reporter
Motion to require a finding of not guilty
34. The modern pretrial procedure by which one party gains information from the adverse party.
Discovery
Contingency Fee
Judicial notice
Counterclaim
35. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Request for admissions
Citing case
Judicial notice
Stop and frisk
36. An approach whereby the courts give a statute a narrow interpretation.
Affirmative defense
Reprimand or censure
Procedural law
Strict construction
37. When an appellate court sends a case back to the trial court for a new trial or other action.
Competency
Remand
Overbreadth
Stop and frisk
38. Law that creates rights and duties.
Pleadings
Dissenting opinion
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Substantive law
39. 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
Code of Federal Regulations (C.F.R.)
Bench trial
Overrule
40. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Strict construction
Pocket part
Legal Research
Issue
41. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Cross-claim
Remedial statute
Enabling act
42. Indirect evidence - used to prove facts by implication.
Rule
Contingency Fee
Potential conflict
Circumstantial evidence
43. A statement in a judicial opinion not necessary for the decision of the case.
Issue of first impression
Deductive reasoning
Dictum
Legal malpractice
44. 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.
Fruit of the poisonous tree doctrine
Certified
Directed verdict
Nolo contendere
45. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Indictment
Relevancy
Separation of powers
Certified
46. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Booking
Reasonable suspicion
Mandatory authority
Charging the jury
47. 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.
Official reporter
Alternative dispute resolution (ADR)
Issue
Guardian
48. Specific questions that usually demand very short or yes-no answers.
Equity
Closed Questions
Secondary authority
Overrule
49. Including more than one count in a complaint; the counts do not need to be consistent.
Full-text searches
Pleading in the alternative
Reverse
Necessity
50. Being informed of some act done or about to be done.
Notice
Harmless error
Fact
Westlaw