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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 temporary transfer of personal property to someone other than the owner for a specified purpose.
Property
Bailment
Subsequent case history
Analogous cases
2. 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.
Deductive reasoning
Statute
Probable cause
Judgment notwithstanding the verdict (judgment N.O.V.)
3. Occurs when the police restrain a person's freedom and charge the person with a crime.
Arrest
On all fours
Judgment proof
Doctrine of implied powers
4. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Statutes of limitations
Search engine
On all fours
Writ of habeas corpus
5. A court's prior permission for the police to search and seize.
Warrant
Verdict
Constructive eviction
Motion to suppress
6. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Pretrial conference
Invasion of Privacy
Statutes at large or session laws
Compulsory joinder
7. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Verdict
U.S. Supreme Court
Rule 56 motion (summary judgment motion)
Joint tenancy
8. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Mediation
Popular name table
Registration
Entrapment
9. Violation of a statute as proof of negligence
Injunction
Negligence per se
Canons of construction
Restatement of the Law of Torts - Second
10. A court order requiring a person to appear to testify at a trial or deposition.
Motion for a new trial
Damages
Subpoena
Directed verdict
11. Evidence that suggests the defendant's guilt.
Analogous cases
Remand
Plain meaning
Inculpatory evidence
12. The papers that begin a lawsuit-generally - the complaint and the answer.
Personal recognizance bond
Majority opinion
Pocket part
Pleadings
13. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Mandatory authority
Relevancy
Leading questions
International Paralegal Management Association (IPMA) www.paralegal management.org
14. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Proving a case within a case
Certificated
Holding
Treatment
15. Cases that involve similar facts and rules of law.
Analogous cases
Contingency Fee
Attorney-client privilege
Standing
16. To perform.
Disbarment
U.S. district courts
Execute
Cross-claim
17. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Comparative negligence
Restatement of the Law of Torts - Second
Headnote
Negligence
18. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Affirm
Shepardizing
Motion for a new trial
Common law
19. 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.
Tenancy in common
Regulation
Competency
Paralegal
20. 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.
Case citation
Grand jury
Legal technician
Legislative intent
21. A pamphlet inserted into the back of a book containing information new since the volume was published.
Plain meaning
Pocket part
Negligence
Irresistible impulse test
22. All property that is not real property.
Common law
Canons of construction
Headnote
Personal property
23. In a case brief - the general legal principle in existence before the case began.
Rule
Warrant
Affirm
Direct evidence
24. 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.
Issue
Affirm
Cause of action
Default judgment
25. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Federalism
Restrictive covenant
Syllabus
26. Generally accepted legal principles.
Motion to require a finding of not guilty
Invasion of Privacy
Battery
Black-letter law
27. Being informed of some act done or about to be done.
Notice
Internet
Lay advocate
Nominal damages
28. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Defamation
Judicial restraint
Judgment notwithstanding the verdict (judgment N.O.V.)
Reverse
29. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Pattern jury instructions
Partnership
Appellee or respondent
30. 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.
Broad holding
Pretrial motion
Specific performance
Unauthorized practice of law
31. The process of organizing statutes by subject matter.
Negligence
Codification
Easement
Reprimand or censure
32. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Reasonable suspicion
Westlaw
Persuasive authority
Assault
33. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Slip laws
Dismissal with prejudice
Verification
34. The power of a court to force a person to appear before it.
Affirm
Personal jurisdiction
Questions of law
Syllabus
35. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Negligence
Tenancy in common
Answer
Recklessness
36. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
American Bar Association (ABA) www.abanet.org
Search engine
Certified
Reverse
37. Money is awarded to a plaintiff in payment for his or her actual losses.
Appellee or respondent
Issue
Compensatory damages
Execute
38. 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.
Narrow Holding
Leading questions
Pocket part
Westlaw
39. A requirement that a party fulfill his or her contractual obligations.
Miranda warnings
Proving a case within a case
Specific performance
Summons
40. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Broad holding
Judicial review
Remedial statute
Contributory negligence
41. A repeat offender; one who continues to commit more crimes.
Notice
Remand
Jurisdiction
Recidivist
42. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Majority opinion
Product misuse
Full-text searches
Equity
43. 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.
Majority opinion
Deponent
Legal writing
Product misuse
44. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Evidence
Res ipsa loquitur
Punitive damages
Verdict
45. Cases that involve different facts and/or rules of law.
Distinguishable cases
Hourly rate
Adverse possession
Concurrent conflict of interest
46. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Exclusionary rule
Preponderance of the evidence
Third-party claim
Vicarious representation
47. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Lay a foundation
Personal property
Deposition
48. The rule that in order to claim self-defense there must have been no possibility of retreat.
Res ipsa loquitur
Retreat exception
Motion for a new trial
Materiality
49. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Personal jurisdiction
Intentional tort
Mens rea
50. Questions that suggest the answer.
Client trust account
Leading questions
Bailment
Tenancy by the entirety