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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. 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).
Pocket part
Subpoena
Adverse possession
Joint tenancy
2. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Transition
Original jurisdiction
Partnership
Lexis
3. 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
Shepardizing
Questions of fact
Fixed Fee
Stare decisis
4. The rules whereby all members of a law firm are treated as though they had represented the former client.
Void for vagueness
Negligence
Lay witness
Vicarious representation
5. Any tangible object - like a bloody glove.
Popular name table
Direct evidence
Real or physical evidence
Corroborative evidence
6. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Dissenting opinion
Direct examination
Necessity
7. A special type of joint tenancy applicable only to married couples.
Legal services offices
Tenancy by the entirety
Majority opinion
Codification of the common law
8. When an appellate court that normally sits in panels sits as a whole.
Strict liability
Execute
En banc
Trial courts
9. A person who initiates a lawsuit.
Statute in derogation of the common law
Consideration
National Association of Legal Assistants (NALA) www.nala.org
Plaintiff
10. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Disbarment
Exclusionary rule
Reverse
Grand jury
11. The power of a court to hear a case.
Internet
Broad holding
Jurisdiction
Administrative law
12. An advance or down payment that is given to engage the services of an attorney.
Proving a case within a case
Retainer
Practice of law
Assumption
13. A defense requiring proof that the defendant was not mentally responsible.
Easement
Insanity defense
Open Questions
Competency
14. The power of government to take private property for public purposes.
Peremptory challenge
Hourly rate
Judicial review
Eminent Domain
15. Evidence that does not add any new information but that confirms facts that already have been established.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Strict construction
Cumulative evidence
Products liability
16. A court's power to hear only specialized cases.
Tenancy by the entirety
Limited jurisdiction
Consideration
Judicial restraint
17. Voluntarily and knowingly subjecting oneself to danger.
Narrow Holding
Assumption of the risk
Rules of criminal procedure
Concurring opinion
18. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Principle
Default judgment
Legal Research
19. A statement in a judicial opinion not necessary for the decision of the case.
Dissenting opinion
Dictum
Contract
Summons
20. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Voir dire
Appellee or respondent
U.S. district courts
21. 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.
Major premise
Stare decisis
Double jeopardy
Documentary evidence
22. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Competency
Statute in derogation of the common law
Motion for a new trial
23. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Loislaw
Federal question jurisdiction
Implied warranty of habitability
Mistrial
24. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Popular name table
Strict liability
Service
Exigent circumstances
25. A witness who has not been shown to have any special expertise.
Statutes at large or session laws
Billable hours
Deponent
Lay witness
26. A warrant that allows the police to enter without announcing their presence in advance.
Deposition
Laws
No-knock warrant
12(b)(6) motion
27. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Motion to suppress
M'Naghten test
Limited liability partnership (LLP)
Primary authority
28. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Eminent Domain
Plain meaning
Statute
29. Money is awarded to a plaintiff in payment for his or her actual losses.
Statutes at large or session laws
Compensatory damages
Direct evidence
Pretrial motion
30. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Attorney-client privilege
Valid
Reprimand or censure
31. A computerized database that contains key information about the content of documents - such as medical records.
Defendant
Holding
Appellant or petitioner
Structured database
32. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
M'Naghten test
Minimum contacts
Reversible error
Procedural facts
33. Court decisions from a higher court in the same jurisdiction.
Negligence
Code
Dissenting opinion
Mandatory authority
34. The intermediate appellate courts in the federal system.
Proximate cause
Appellee or respondent
Partnership
U.S. Court of Appeals
35. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Road Map paragraph
Appellee or respondent
Persuasive authority
Third-party claim
36. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Prior case history
Unauthorized practice of law
Proving a case within a case
Quiet enjoyment
37. Courts that determine whether lower courts have made errors of law.
Pretrial motion
Appellate courts
Statutes at large or session laws
Dictum
38. The failure to act reasonably under the circumstances.
Negligence
Preemption
Full-text database
Active Listening
39. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Request for admissions
No-knock warrant
Practice of law
Syllabus
40. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Regulation
Count
Legislative history
Transition
41. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bailment
Valid
Interrogatories
Hypertext links
42. 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
Intentional tort
Implied warranty of habitability
Equity
Tort law
43. 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.
Summary jury trials
Reversible error
Arraignment
Remedial statute
44. 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
Property law
Code
Judgment
Diversity jurisdiction
45. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Insanity defense
Court of record
Adverse possession
46. An actual incident or condition; not a legal consequence.
Expert witness
Best evidence rule
Judgment notwithstanding the verdict (judgment N.O.V.)
Fact
47. Cases that involve similar facts and rules of law.
Model Rules of Professional Conduct
Analogous cases
Plaintiff
Overrule
48. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Double jeopardy
Contributory negligence
Entrapment
Reverse
49. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Equity
Black-letter law
Plea bargaining
False imprisonment
50. A reason for invalidating a statute where it covers both protected and criminal activity.
Constitutional law
Contributory negligence
Fact
Overbreadth