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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. A defense whereby the defendant offers new evidence to avoid judgment.
Writ of execution
Open Questions
Affirmative defense
Exclusionary rule
2. Law that creates rights and duties.
Substantive law
Federal question jurisdiction
Constructive eviction
Lay witness
3. A defendant's personal promise to appear in court.
Code
Power of judicial review
Personal recognizance bond
Pocket part
4. When an appellate court overturns or negates the decision of a lower court.
Reverse
Recklessness
Black-letter law
Pleading in the alternative
5. Voluntarily and knowingly subjecting oneself to danger.
Personal property
Assumption of the risk
Contributory negligence
Dictum
6. Evidence that suggests the defendant's innocence.
Professional Corporation (PC)
Entrapment
Exculpatory evidence
Pretrial motion
7. The rule that in order to claim self-defense there must have been no possibility of retreat.
Court of record
Appellee or respondent
Retreat exception
Judicial activism
8. The first ten amendments to the U.S. Constitution.
Disposition
Bill of Rights
Attorney-client privilege
Holding
9. Also known as real estate; land and items growing on or permanently attached to that land.
Concluding paragraph
Affirm
Potential conflict
Real Property
10. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Consideration
Evidence
Negligence per se
11. 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.
Personal property
Guardian
Substantive facts
Removal
12. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Primary authority
Client trust account
Injunction
13. Occurs when the police restrain a person's freedom and charge the person with a crime.
Common law
Rules of evidence
Grand jury
Arrest
14. An opinion that disagrees with the majority's decision and its reasoning.
Deductive reasoning
Dissenting opinion
Count
Appellee or respondent
15. 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.
Appellate or petitioner
Personal recognizance bond
Self-defense
Major premise
16. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Legal services offices
Legal fiction
Property law
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.
Writ of execution
Legal technician
Summary jury trials
Products liability
18. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Probable cause
General jurisdiction
Cross-examination
19. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Primary authority
Assumption
Westlaw
Official reporter
20. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Adverse possession
Model Rules of Professional Conduct
Dissenting opinion
Mistrial
21. The failure of an attorney to act reasonably.
Canons of construction
Legal malpractice
Plain meaning
Affirm
22. An opinion that disagrees with the majority's decision and reasoning.
Road Map paragraph
Assumption of the risk
Narrow Holding
Dissenting opinion
23. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Lay advocate
Preemption
Contingency fee
24. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Double jeopardy
Jurisdiction
Concluding paragraph
Legal clinic
25. Rules and regulations created by administrative agencies.
Professional Corporation (PC)
Administrative law
Request for admissions
Assumption
26. A constitutional protection against being tried twice for the same crime.
Harmless error
Retreat exception
Mandatory authority
Double jeopardy
27. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Appellate brief
Arbitration
Comparative negligence
Holding
28. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Contract
Statutes at large or session laws
Preponderance of the evidence
29. The educated ability to apply law to specific facts.
Indictment
Professional judgment
Strict construction
Billable hours
30. A special type of joint tenancy applicable only to married couples.
Separation of powers
Retreat exception
Easement
Tenancy by the entirety
31. The division of governmental power among the legislative - executive - and judicial branches.
Tenancy in common
Separation of powers
Reverse
Plain meaning
32. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Disposition
Competency
Clearly erroneous
Common law
33. Establishes a direct link to the event that must be proven.
Concluding paragraph
Principle
Direct evidence
Contingency Fee
34. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Motion
Concurrent conflict of interest
Quiet enjoyment
Plea bargaining
35. A national organization of paralegal programs that promotes high standards for paralegal education.
Joint tenancy
American Association for Paralegal Education (AAfPE) www.aafpe.org
Mediation
Professional judgment
36. A court order requiring a party to perform a specific act or to cease doing a specific act.
Concluding paragraph
Pinpoint cite
Injunction
Direct evidence
37. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
per curium
Compulsory joinder
Materiality
Evidence
38. A statement in a judicial opinion not necessary for the decision of the case.
Contract
Disposition
Agent
Dictum
39. An approach whereby the courts give a statute a broad interpretation.
Restrictive covenant
Consideration
Liberal construction
Arraignment
40. A law promulgated by an administrative agency.
Regulation
Appellee or respondent
Judicial review
Issue of first impression
41. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Procedural law
Clear and convincing
Default judgment
Mediation
42. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Motion to require a finding of not guilty
Stop and frisk
Notice pleading
Evidence
43. The pretrial oral questioning of a witness under oath.
Rule 56 motion (summary judgment motion)
Deposition
Hypertext links
12(b)(6) motion
44. All property that is not real property.
Count
Personal property
Equity
Ejusdem generis
45. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Procedural law
Nominal damages
Active Listening
Duress
46. Cases that involve different facts and/or rules of law.
Cumulative evidence
Plain view doctrine
Distinguishable cases
Writ of execution
47. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
On all fours
Lexis
Punitive damages
Count
48. The questioning of an opposing witness.
Certified
Cross-examination
Motion
Booking
49. When an appellate court sends a case back to the trial court for a new trial or other action.
Affirmative defense
Legislative intent
Remand
Statutes at large or session laws
50. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Exclusive jurisdiction
Property
Judgment
Dismissal with prejudice