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. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Derogation of the common law
Leading question
Exculpatory clause
Documentary evidence
2. A set of standardized jury instructions.
Pattern jury instructions
Insanity defense
Citation
Contract
3. The pleading that begins a lawsuit.
Personal jurisdiction
Code of Federal Regulations (C.F.R.)
Complaint
Overrule
4. The party in a case who has initiated an appeal.
National Association of Legal Assistants (NALA) www.nala.org
Appellate or petitioner
False imprisonment
Syllabus
5. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Model Rules of Professional Conduct
Negligence
Verification
Minor premise
6. Law that creates rights and duties.
Appellant or petitioner
Ethical wall or screen or cone of silence
Substantive law
Legal services offices
7. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Injunction
Exclusive jurisdiction
Conflict of interest
Probable cause
8. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Arbitration
Citing case
Statute
9. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
12(b)(6) motion
Pinpoint cite
Res ipsa loquitur
10. Broad questions that put few limits on the freedom of the respondent.
Cross-claim
American Association for Paralegal Education (AAfPE) www.aafpe.org
Compulsory joinder
Open Questions
11. A form in which statutes are published; they are printed individually at the time they are first enacted.
Minimum contacts
Slip laws
Remand
Affirmative defense
12. A tort committed by one who intends to do the act that creates the harm.
Judicial activism
Trial courts
Issue
Intentional tort
13. The pretrial oral questioning of a witness under oath.
Arbitration
Restatement of the Law of Torts - Second
Deposition
Concurrent jurisdiction
14. 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.
Distinguishable cases
Shepardizing
Practice of law
Best evidence rule
15. A national paralegal association.
U.S. Court of Appeals
Arbitration
National Association of Legal Assistants (NALA) www.nala.org
Writ of habeas corpus
16. A national organization of paralegal programs that promotes high standards for paralegal education.
Actual cause
American Association for Paralegal Education (AAfPE) www.aafpe.org
Specific performance
Minor premise
17. Liability without having to prove fault.
Legal writing
Strict liability
Affirmative defense
Overrule
18. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Product misuse
Adverse possession
Double jeopardy
Tenancy in common
19. The division of governmental power among the legislative - executive - and judicial branches.
Exclusive jurisdiction
Comparative negligence
Separation of powers
U.S. Court of Appeals
20. Including more than one count in a complaint; the counts do not need to be consistent.
Contingency Fee
Pleading in the alternative
Notice
Retainer
21. 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
Hearsay
Consideration
Stare decisis
Reverse
22. A witness who possesses skill and knowledge beyond that of the average person.
Notice pleading
Third-party claim
Charging the jury
Expert witness
23. A repeat offender; one who continues to commit more crimes.
Fact
Recidivist
Overrule
Narrow Holding
24. In a case brief - the rule of law applied to the case's specific facts.
Contributory negligence
Double jeopardy
Issue
Subsequent case history
25. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Products liability
Negligence
Professional Corporation (PC)
Standing
26. In logic - a belief that justifies one in arguing a conclusion.
Personal property
Assumption
Attorney-client privilege
Retainer agreement
27. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Pleadings
Potential conflict
Subpoena duces tecum
28. Liability without a showing of fault.
Strict liability
Federalism
Product misuse
Professional judgment
29. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Subject matter jurisdiction
Court of record
Derogation of the common law
Mandatory authority
30. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Contributory negligence
False imprisonment
Motion to suppress
Testimonial evidence
31. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Notice
Overrule
Substantive facts
Removal
32. The justified use of force to protect oneself or others.
Compulsory joinder
Indictment
Holding
Self-defense
33. A person who permits or directs another person to act on the principal's behalf.
Principle
Removal
Affirmative defense
Exclusionary rule
34. The first ten amendments to the U.S. Constitution.
Bill of Rights
Structured database
Deponent
Substantial capacity test
35. In a complaint - one cause of action.
Judicial restraint
Count
Legal Research
Notice pleading
36. When an appellate court overturns or negates the decision of a lower court.
Pinpoint cite
Reverse
Pleadings
Bailment
37. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Charging the jury
Subsequent case history
Personal property
Potential conflict
38. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Statutes of limitations
Code
Leading questions
Narrow Holding
39. Books that contain appellate court decisions. There are both official and unofficial reporters.
Bill of Rights
Retainer agreement
Case reporters
Appellee or respondent
40. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Rules of criminal procedure
Res ipsa loquitur
Void for vagueness
41. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Third-party claim
Intentional tort
Assumption of the risk
Valid
42. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Overrule
Disposition
Double jeopardy
43. 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.
Power of judicial review
Broad holding
Reverse
Cause of action
44. A constitutional protection against being tried twice for the same crime.
Quiet enjoyment
National Association of Legal Assistants (NALA) www.nala.org
Motion for a new trial
Double jeopardy
45. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Substantive facts
Comparative negligence
U.S. Supreme Court
Double jeopardy
46. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Real Property
Contingency fee
Appellate or petitioner
Cross-claim
47. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Federalism
Pocket part
Vicarious representation
48. 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
Narrow Holding
Contingency Fee
Diversity jurisdiction
Legal clinic
49. A judicial philosophy that supports an active role for the judiciary in changing the law.
Substantive law
Duress
Concurring opinion
Judicial activism
50. The questioning of your own witness.
Appellant or petitioner
Holding
Overrule
Direct examination