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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 rule that in order to claim self-defense there must have been no possibility of retreat.
Writ of habeas corpus
Lexis
Annotated statutes
Retreat exception
2. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Plain meaning
Pocket part
Mediation
Practice of law
3. A national voluntary organization of lawyers.
Rules of evidence
American Bar Association (ABA) www.abanet.org
Summary jury trials
Tenancy by the entirety
4. The revocation of an attorney's license.
Code
Disbarment
Necessity
Treatment
5. 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
Headnote
Equity
Reverse
Plea bargaining
6. When only one court has the power to hear a case.
Best evidence rule
Exclusive jurisdiction
Reverse
Personal recognizance bond
7. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Minor premise
Syllabus
Class action suit
Deductive reasoning
8. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Authentication
Testimonial evidence
Personal property
Persuasive authority
9. The status of having received a certificate documenting that the person has successfully completed an educational program.
Punitive damages
Criminal law
Structured database
Certificated
10. A law promulgated by an administrative agency.
Ethical wall or screen or cone of silence
Regulation
Hypertext links
Motion to suppress
11. The pretrial oral questioning of a witness under oath.
Appellant or petitioner
Structured database
Deposition
Conflict of interest
12. A business run by two or more persons as co-owners.
Writ of certiorari
Partnership
Canons of construction
Judicial activism
13. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Pattern jury instructions
Summary jury trials
Hypertext links
Writ of execution
14. The person who is being asked questions at a deposition.
Transition
Motion to require a finding of not guilty
Loislaw
Deponent
15. Establishes a direct link to the event that must be proven.
Loislaw
Direct evidence
Open Questions
Certificated
16. The rule requiring that the original document be produced at trial.
Minimum contacts
Intentional tort
Best evidence rule
Strict liability
17. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Deductive reasoning
Issue
Affirmative defense
18. A statute that changes the common law.
Billable hours
Potential conflict
Reasonable suspicion
Statute in derogation of the common law
19. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Reprimand or censure
Quiet enjoyment
Statutes of limitations
20. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Power of judicial review
Procedural facts
Tenancy in common
Equity
21. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Specific performance
Narrow Holding
Unauthorized practice of law
Bail
22. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Stop and frisk
Trial courts
Summons
Rules of criminal procedure
23. 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.
U.S. Court of Appeals
Legal fiction
Shepardizing
Necessity
24. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Battery
Proximate cause
Motion to require a finding of not guilty
Motion for a new trial
25. Questions relating to the interpretation or application of the law.
Plain meaning
Necessity
Caption
Questions of law
26. A court's prior permission for the police to search and seize.
Subsequent case history
Warrant
Legal Reasoning
Strict liability
27. 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.
Common law
Documentary evidence
Cause of action
Testimonial evidence
28. A term used to describe a case that is similar to another case.
Statute in derogation of the common law
Popular name table
On point
Double jeopardy
29. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Concurrent jurisdiction
Personal property
Legislative intent
Quiet enjoyment
30. The rules whereby all members of a law firm are treated as though they had represented the former client.
Comparative negligence
On all fours
Prima facie case
Vicarious representation
31. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Reprimand or censure
Real or physical evidence
Statute of limitations
Procedural facts
32. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Rule
Remand
Lexis
Battery
33. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Broad holding
Original jurisdiction
Lay advocate
Certificated
34. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Structured database
Concluding paragraph
Assumption of the risk
Bailment
35. A tangible object or a right or ownership interest.
Property
Judgment notwithstanding the verdict (judgment N.O.V.)
Contingency Fee
Valid
36. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federalism
Writ of certiorari
Principle
Code of Federal Regulations (C.F.R.)
37. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Bailment
Restatement of the Law of Torts - Second
Retreat exception
38. A tort committed by one who intends to do the act that creates the harm.
Concurring opinion
Hourly rate
Concurring opinion
Intentional tort
39. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Voir dire
Dismissal with prejudice
Case reporters
Testimonial evidence
40. A document that lists statements regarding specific items for the other party to admit or deny.
Subpoena duces tecum
Liberal construction
Request for admissions
Exculpatory clause
41. 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
Exhaustion of administrative remedies
Diversity jurisdiction
Annotated statutes
Testimonial evidence
42. The transfer of a case from one state court to a federal court.
Removal
Clear and convincing
Battered woman's or spouse's syndrome
Service
43. 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.
Issue of first impression
Injunction
Case citation
Implied warranty of habitability
44. Broad questions that put few limits on the freedom of the respondent.
Syllabus
Quiet enjoyment
Open Questions
Contributory negligence
45. A calendering system that records key dates and important deadlines.
Road Map paragraph
Tickler System
Code of Federal Regulations (C.F.R.)
Trial courts
46. Information about the law - such as that contained in encyclopedias and law review articles.
Evidence
Secondary authority
Concurrent jurisdiction
Lay witness
47. The judge informs the jurors of the law they need to know to make their decision.
Direct examination
Vicarious representation
Charging the jury
Prima facie case
48. In logic - a belief that justifies one in arguing a conclusion.
Statutes of limitations
En banc
Clear and convincing
Assumption
49. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
U.S. district courts
Writ of execution
Products liability
Legal services offices
50. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Legal fiction
Injunction
Entrapment
Substantive facts