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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. The party in a case against whom an appeal has been filed.
Appellee or respondent
Appellate courts
U.S. Court of Appeals
Reasonable suspicion
2. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Tickler System
Discovery
Intellectual Property
Minor premise
3. The questioning of your own witness.
Direct examination
Slip laws
Service
Derogation of the common law
4. 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
Judicial restraint
Questions of law
Headnote
5. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Official reporter
Bailment
Voir dire
Irresistible impulse test
6. The law itself - such as statutes and court opinions.
Implied warranty of habitability
Primary authority
Concurrent jurisdiction
Open Questions
7. Not factually true - but accepted by the courts as being legally true.
Constructive
False imprisonment
Attorney-client privilege
Judicial review
8. A set of standardized jury instructions.
Lay witness
Specific performance
Pattern jury instructions
Assumption of the risk
9. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Damages
Arraignment
Procedural facts
Clear and convincing
10. The judge informs the jurors of the law they need to know to make their decision.
Holding
Restrictive covenant
Default judgment
Charging the jury
11. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Preemption
Rules of evidence
Restatement of the Law of Torts - Second
12. A determination that an attorney may not practice law for a set period of time.
Cross-examination
Damages
Quiet enjoyment
Suspension
13. A summary of one legal point in a court opinion; written by the editors at West.
Caption
Headnote
Contributory negligence
Preemption
14. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Entrapment
Strict liability
Popular name table
15. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Intellectual Property
Real or physical evidence
Motion
Affirm
16. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Annotated statutes
Voir dire
Cumulative evidence
17. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Personal property
Legal technician
Assault
Citing case
18. Someone who has the power to act in the place of another.
Agent
Power of judicial review
Standing
Direct examination
19. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Rules of evidence
Subpoena
Overrule
Exclusionary rule
20. When an appellate court that normally sits in panels sits as a whole.
Plea bargaining
En banc
per curium
Easement
21. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Certificated
Principle
Motion for a new trial
Punitive damages
22. A national voluntary organization of lawyers.
Inculpatory evidence
American Bar Association (ABA) www.abanet.org
Overbreadth
Court of record
23. Law that deals with harm to society as a whole.
Reverse
Questions of fact
Criminal law
Codification
24. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Strict liability
Retreat exception
Personal property
25. 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.
Reversible error
Tort law
Syllabus
Prior case history
26. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Citation
Exclusive jurisdiction
Negligence
Legal writing
27. Rules and regulations created by administrative agencies.
Guardian
Legal fiction
Administrative law
Grand jury
28. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
U.S. Supreme Court
Holding
Reverse
Actus rea
29. A court's power to hear any type of case arising within its geographical area.
Hourly rate
Request for admissions
Minor premise
General jurisdiction
30. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Legal fiction
Treatment
Recklessness
Overrule
31. 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.
Full-text searches
Voir dire
Contract
Motion to require a finding of not guilty
32. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Minor premise
Tickler System
Evidence
Subpoena duces tecum
33. Generally accepted legal principles.
Black-letter law
Cross-examination
Bill of Rights
Products liability
34. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Fruit of the poisonous tree doctrine
Westlaw
Exculpatory clause
Full-text searches
35. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Substantive facts
Lay witness
Popular name table
Verification
36. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Hourly rate
Court of record
Codification
Judgment notwithstanding the verdict (judgment N.O.V.)
37. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Affirmative defense
Cumulative evidence
Concluding paragraph
Reverse
38. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Appellate brief
Reverse
Retreat exception
Judicial restraint
39. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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40. A fee calculated as a percentage of the settlement or award in the case.
Bench trial
Issue
Contingency Fee
Reverse
41. A meeting of the attorneys and the judge prior to the beginning of the trial.
Pretrial conference
Battery
Personal jurisdiction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
42. Bad intent.
Legal fiction
Legal services offices
Easement
Mens rea
43. A statute that changes the common law.
Contributory negligence
Voir dire
Enabling act
Statute in derogation of the common law
44. Governmental publication of court opinions.
Personal property
Strict construction
Official reporter
Case reporters
45. The process of finding the law.
Citing case
Legal Research
Original jurisdiction
Statute in derogation of the common law
46. A request made to the court.
Motion
Statutes at large or session laws
Affirmative defense
Miranda warnings
47. In a case brief - the rule of law applied to the case's specific facts.
Black-letter law
Issue
Stare decisis
Broad holding
48. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Notice pleading
Expert witness
Arbitration
Overbreadth
49. To perform.
Execute
American Bar Association (ABA) www.abanet.org
Digest
Guardian
50. An opinion that disagrees with the majority's decision and reasoning.
Motion for a new trial
Dissenting opinion
Recidivist
Rule 56 motion (summary judgment motion)