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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. Occurs when the police restrain a person's freedom and charge the person with a crime.
Void for vagueness
Corroborative evidence
Execute
Arrest
2. A person who initiates an appeal.
Appellant or petitioner
Tort law
Judgment notwithstanding the verdict (judgment N.O.V.)
Grand jury
3. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Legislative intent
Verdict
Legal Reasoning
4. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Summary jury trials
Doctrine of implied powers
Pretrial conference
5. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Appellate brief
Retainer
Criminal law
6. Courts that determine the facts and apply the law to the facts.
U.S. Court of Appeals
Retainer
Criminal law
Trial courts
7. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Restatement of the Law of Torts - Second
Mediation
Questions of law
Plain meaning
8. The power of a court to hear a case.
Issue
Jurisdiction
Direct examination
U.S. Supreme Court
9. The opinion of a jury on a question of fact.
Laws
Mandatory authority
Products liability
Verdict
10. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Adverse possession
Irresistible impulse test
Jurisdiction
En banc
11. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Distinguishable cases
Motion in limine
Original jurisdiction
Legal Reasoning
12. In a case brief - the general legal principle in existence before the case began.
Pleading in the alternative
Mistrial
Damages
Rule
13. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Preponderance of the evidence
Legal Reasoning
Treatment
U.S. district courts
14. Something of value exchanged to form the basis of a contract.
Consideration
Evidence
Legislative history
Constructive
15. Law that deals with harm to a person or a person's property.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Active Listening
Tort law
Charging the jury
16. The party in a case who has initiated an appeal.
Certificated
Appellate or petitioner
Concurrent conflict of interest
Practice of law
17. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
False imprisonment
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Remedial statute
18. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Guardian
Registration
Entrapment
19. The number of hours - or parts of an hour - that can be charged to a specific client.
Reverse
Billable hours
Caption
Clear and convincing
20. 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.
Legislative history
Subject matter jurisdiction
Appellate brief
Active Listening
21. 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.
Rules of evidence
Major premise
Valid
Limited liability partnership (LLP)
22. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Paralegal
Arbitration
Negligence
12(b)(6) motion
23. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Motion in limine
Persuasive authority
Vicarious representation
24. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Pocket part
Subpoena duces tecum
Writ of certiorari
Reverse
25. Rules of conduct promulgated and enforced by the government.
Hypertext links
Deponent
Laws
Derogation of the common law
26. When an appellate court sends a case back to the trial court for a new trial or other action.
Class action suit
Remand
Mandatory authority
Black-letter law
27. Law that deals with harm to society as a whole.
Valid
Overrule
Criminal law
Client trust account
28. When more than one court has jurisdiction to hear a case.
Concurrent jurisdiction
Fact
Civil law
Self-defense
29. Questions relating to what happened: who - what - when - where - and how.
Restatement of the Law of Torts - Second
Legislative history
Questions of fact
Agent
30. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Peremptory challenge
Retainer agreement
General jurisdiction
Bailment
31. Simultaneously representing adverse clients.
Adverse possession
Concurrent conflict of interest
Statutory element
Nominal damages
32. Cases that involve similar facts and rules of law.
Analogous cases
Writ of certiorari
Holding
Judgment
33. The chronological publication of statutes at the end of a legislative session.
Holding
Statutes at large or session laws
Joint tenancy
Contributory negligence
34. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Writ of execution
Judgment proof
Void for vagueness
Alternative dispute resolution (ADR)
35. An opinion that disagrees with the majority's decision and reasoning.
Personal jurisdiction
Dissenting opinion
Subsequent case history
Nolo contendere
36. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Exclusionary rule
Summons
Analogous cases
Battered woman's or spouse's syndrome
37. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Appellee or respondent
Conflict of interest
Testimonial evidence
Judicial restraint
38. A reason for invalidating a statute where it covers both protected and criminal activity.
Irresistible impulse test
Overbreadth
Actus rea
Agent
39. 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.
Retainer agreement
Federalism
Judgment
Professional Corporation (PC)
40. A provision in a deed that prohibits specified uses of the property.
Slip laws
Dissenting opinion
Fixed Fee
Restrictive covenant
41. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Pinpoint cite
Leading questions
Pattern jury instructions
42. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Questions of law
Hourly rate
Codification
Self-defense
43. 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.
Case citation
Leading question
Contributory negligence
Legislative history
44. Establishes a direct link to the event that must be proven.
Issue of first impression
Restrictive covenant
Subpoena duces tecum
Direct evidence
45. A summary of one legal point in a court opinion; written by the editors at West.
Tenancy by the entirety
Headnote
Clearly erroneous
Comparative negligence
46. A token sum awarded when liability has been found but monetary damages cannot be shown.
Strict liability
Nominal damages
Leading questions
Peremptory challenge
47. An approach whereby the courts give a statute a narrow interpretation.
Bailment
Strict construction
Quiet enjoyment
Double jeopardy
48. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Judicial review
Reverse
Plea bargaining
Ethical wall or screen or cone of silence
49. A judicial philosophy that supports an active role for the judiciary in changing the law.
Comparative negligence
Count
Judicial activism
Harmless error
50. The transfer of a case from one state court to a federal court.
Statute in derogation of the common law
Evidence
Removal
Broad holding