SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Contributory negligence
Substantive law
Beyond a reasonable doubt
Specific performance
2. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Limited jurisdiction
Procedural law
Landmark decision
3. A witness who has not been shown to have any special expertise.
Interrogatories
Joint tenancy
Verification
Lay witness
4. Governmental publication of court opinions.
Laws
Reasonable suspicion
Official reporter
Ejusdem generis
5. A requirement that a party fulfill his or her contractual obligations.
Tenancy by the entirety
Plain meaning
Injunction
Specific performance
6. 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.
Affirm
Pretrial motion
Shepardizing
Hourly rate
7. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Civil law
Limited liability partnership (LLP)
Nolo contendere
Comparative negligence
8. A national organization of paralegal programs that promotes high standards for paralegal education.
Syllabus
Consideration
American Association for Paralegal Education (AAfPE) www.aafpe.org
Black-letter law
9. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Jurisdiction
Dissenting opinion
Bench trial
10. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Pretrial conference
Irresistible impulse test
On all fours
Valid
11. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Dissenting opinion
Strict construction
Statute in derogation of the common law
Mediation
12. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Affirmative defense
Annotated statutes
National Association of Legal Assistants (NALA) www.nala.org
Strict liability
13. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
General jurisdiction
Easement
Limited jurisdiction
Dismissal with prejudice
14. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Reverse
Property
Concurrent conflict of interest
15. A request made to the court.
Statute of limitations
Motion
Injunction
Jurisdiction
16. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Majority opinion
Compensatory damages
Citation
Federalism
17. Questions relating to what happened: who - what - when - where - and how.
Pinpoint cite
Questions of fact
Materiality
Joint tenancy
18. 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.
Leading questions
Duress
Harmless error
Guardian
19. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Void for vagueness
Persuasive authority
Entrapment
Judicial notice
20. Something of value exchanged to form the basis of a contract.
Motion to suppress
Voir dire
Model Rules of Professional Conduct
Consideration
21. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Judgment proof
Defamation
Overrule
Issue
22. The pretrial oral questioning of a witness under oath.
Deposition
Practice of law
Clear and convincing
Popular name table
23. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Federalism
Road Map paragraph
Double jeopardy
Legislative history
24. A witness who possesses skill and knowledge beyond that of the average person.
Arrest
Arbitration
Expert witness
Motion
25. A compilation of federal administrative regulations arranged by agency.
Third-party claim
Power of judicial review
Duress
Code of Federal Regulations (C.F.R.)
26. A court's prior permission for the police to search and seize.
Pattern jury instructions
Court of record
Codification of the common law
Warrant
27. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Subsequent case history
Codification
Official reporter
28. Not factually true - but accepted by the courts as being legally true.
Federalism
Harmless error
Prior case history
Constructive
29. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Miranda warnings
Enabling act
Caption
Disbarment
30. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Practice of law
Negligence per se
Hearsay
Class action suit
31. The publication of false statements that harm a person's reputation.
Popular name table
Reverse
Defamation
Recidivist
32. A defendant's personal promise to appear in court.
Actual cause
Personal recognizance bond
Bailment
Certificated
33. Law that creates rights and duties.
Procedural facts
Deductive reasoning
Writ of habeas corpus
Substantive law
34. The first ten amendments to the U.S. Constitution.
Res ipsa loquitur
Road Map paragraph
Bill of Rights
Contract
35. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Case reporters
Cause of action
Primary authority
Real property
36. A repeat offender; one who continues to commit more crimes.
Recidivist
Removal
Active Listening
American Bar Association (ABA) www.abanet.org
37. The power of a court to hear a case.
Hearsay
Jurisdiction
Judicial review
Documentary evidence
38. A calendering system that records key dates and important deadlines.
Writ of execution
Personal recognizance bond
Respondeat superior
Tickler System
39. 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.
Arrest
Headnote
Bill of Rights
Evidence
40. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Mistrial
Invasion of Privacy
Majority opinion
41. A provision in a deed that prohibits specified uses of the property.
Vicarious representation
Competency
Products liability
Restrictive covenant
42. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Assumption of the risk
Canons of construction
On point
43. The law itself - such as statutes and court opinions.
Primary authority
On point
Dictum
Prima facie case
44. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Model Rules of Professional Conduct
Answer
Miranda warnings
Direct examination
45. An issue that the court has never faced before.
Issue of first impression
Case reporters
Necessity
Concurring opinion
46. When only one court has the power to hear a case.
Beyond a reasonable doubt
Corroborative evidence
Exclusive jurisdiction
Pinpoint cite
47. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Strict liability
Judgment notwithstanding the verdict (judgment N.O.V.)
Statute in derogation of the common law
Equity
48. A constitutional protection against being tried twice for the same crime.
Proximate cause
Double jeopardy
Booking
Expert witness
49. A trial court error that is not sufficient to warrant reversing the decision.
Standing
Exclusive jurisdiction
Harmless error
Prima facie case
50. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Legal writing
Internet
Search engine
Personal jurisdiction