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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 statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Valid
On point
Motion to require a finding of not guilty
Broad holding
2. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Writ of certiorari
Reverse
Transition
Vicarious representation
3. A requirement that a party fulfill his or her contractual obligations.
Cumulative evidence
Directed verdict
Negligence per se
Specific performance
4. Used to describe legislation that changes the common law.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Legal clinic
Citing case
Derogation of the common law
5. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Mandatory authority
Defendant
M'Naghten test
Rule
6. Voluntarily and knowingly subjecting oneself to danger.
Case citation
Assumption of the risk
Analogous cases
Affirm
7. A warrant that allows the police to enter without announcing their presence in advance.
Statutory element
No-knock warrant
Issue of first impression
Subject matter jurisdiction
8. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Digest
Original jurisdiction
Invasion of Privacy
Lay witness
9. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Proving a case within a case
Direct evidence
Doctrine of implied powers
Court of record
10. A bank account used to hold money belonging to the client or to a third party.
Strict liability
Client trust account
Affirmative defense
Arraignment
11. Broad questions that put few limits on the freedom of the respondent.
Pleadings
Code of Federal Regulations (C.F.R.)
Summons
Open Questions
12. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Double jeopardy
Criminal law
Materiality
Freelance Paralegal
13. A court's power to hear any type of case arising within its geographical area.
General jurisdiction
Hourly rate
Practice of law
Principle
14. 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.
Active Listening
Statutes of limitations
Judicial review
Legal fiction
15. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
U.S. district courts
Assumption of the risk
Judgment
Request for admissions
16. A witness who has not been shown to have any special expertise.
Bill of Rights
Mens rea
Injunction
Lay witness
17. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Appellate or petitioner
Limited liability partnership (LLP)
Comparative negligence
Lexis
18. The power of a court to hear a particular type of case.
Professional judgment
Specific performance
Subject matter jurisdiction
Reasonable suspicion
19. The pretrial oral questioning of a witness under oath.
Circumstantial evidence
Reasonable suspicion
Negligence
Deposition
20. 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
Equity
Prior case history
Bailment
Administrative law
21. The power of a court to hear a case.
Directed verdict
Products liability
Jurisdiction
Evidence
22. A court opinion that establishes new law in an important area.
Loislaw
Appellant or petitioner
Reversible error
Landmark decision
23. A book that contains court opinion headnotes arranged by subject matter.
Reverse
Jurisdiction
Digest
Procedural law
24. Standard used by appellate courts when reviewing a trial court's findings of fact.
Cross-examination
Clearly erroneous
Insanity defense
Exhaustion of administrative remedies
25. 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.
Notice pleading
Lay witness
American Association for Paralegal Education (AAfPE) www.aafpe.org
Preponderance of the evidence
26. Bad act.
Headnote
Actus rea
Arrest
Notice
27. 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.
Assault
Concurring opinion
Dictum
Actual cause
28. A case listed in Shepard's that cites your case.
Appellate brief
Remand
Substantial capacity test
Citing case
29. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Standing
Self-defense
Irresistible impulse test
Syllabus
30. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Plaintiff
Easement
Class action suit
Motion to suppress
31. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Motion
Constructive
Appellee or respondent
32. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Reverse
Active Listening
M'Naghten test
33. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Answer
per curium
Citing case
34. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Mediation
Constructive eviction
Leading question
35. The power of a court to force a person to appear before it.
Plea bargaining
Full-text database
Recidivist
Personal jurisdiction
36. A determination that an attorney may not practice law for a set period of time.
Bail
Service
Proximate cause
Suspension
37. An opinion in which a majority of the court joins.
Reversible error
Mandatory authority
Majority opinion
Cross-examination
38. A request that the court release the defendant because of the illegality of the incarceration.
Slip laws
Writ of habeas corpus
Service
Fixed Fee
39. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Judicial notice
Voir dire
Plain view doctrine
Constructive
40. 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.
Broad holding
Adverse possession
Pocket part
Directed verdict
41. Something of value exchanged to form the basis of a contract.
Laws
Mandatory authority
Internet
Consideration
42. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Valid
Legal services offices
Structured database
Reversible error
43. A summary of one legal point in a court opinion; written by the editors at West.
Pretrial motion
Headnote
Ejusdem generis
Warrant
44. An advance or down payment that is given to engage the services of an attorney.
Retainer
Attorney-client privilege
Hourly rate
Lay witness
45. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Pretrial motion
Count
Legal technician
46. 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.
Statute of limitations
Ejusdem generis
Lay advocate
Persuasive authority
47. Law dealing with ownership.
Affirm
Mediation
Property law
Codification of the common law
48. Generally accepted legal principles.
Diversity jurisdiction
Booking
Respondeat superior
Black-letter law
49. A right to use property owned by another for a limited purpose.
Evidence
Caption
Easement
Statute in derogation of the common law
50. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Original jurisdiction
Clearly erroneous
Derogation of the common law
Notice pleading