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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. Questions that suggest the answer.
Pretrial motion
Leading questions
Canons of construction
Beyond a reasonable doubt
2. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Injunction
Leading question
Assumption
Pleading in the alternative
3. The requirement that relief be sought from an administrative agency before proceeding to court.
Writ of habeas corpus
Potential conflict
Lay a foundation
Exhaustion of administrative remedies
4. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Syllabus
Landmark decision
Overrule
Inculpatory evidence
5. An intentional act that creates a harmful or offensive physical contact.
Proving a case within a case
Strict liability
Battery
Principle
6. All property that is not real property.
Lay a foundation
Pleadings
Personal property
Exculpatory clause
7. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Verification
Inculpatory evidence
Miranda warnings
Notice
8. The questioning of your own witness.
Direct examination
Count
U.S. Supreme Court
Deponent
9. Monetary compensation - including compensatory - punitive - and nominal damages.
Rules of evidence
Cumulative evidence
Answer
Damages
10. Questions relating to what happened: who - what - when - where - and how.
Issue of first impression
Arraignment
Grand jury
Questions of fact
11. A request that the court release the defendant because of the illegality of the incarceration.
Nolo contendere
Constructive
Writ of habeas corpus
Jurisdiction
12. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Internet
Interrogatories
Constructive eviction
Slip laws
13. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Cross-claim
Directed verdict
Holding
Dissenting opinion
14. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Necessity
Rules of criminal procedure
Constructive
Motion for a new trial
15. Law that deals with harm to an individual.
Lexis
Civil law
Principle
Count
16. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Affirmative defense
Removal
Battered woman's or spouse's syndrome
17. The intermediate appellate courts in the federal system.
Contingency Fee
U.S. Court of Appeals
Prior case history
Dictum
18. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Pretrial conference
Conflict of interest
Preemption
Dictum
19. The justified use of force to protect oneself or others.
Materiality
Self-defense
Analogous cases
Affirm
20. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Deponent
Recklessness
Potential conflict
National Association of Legal Assistants (NALA) www.nala.org
21. A court's power to hear any type of case arising within its geographical area.
Annotated statutes
General jurisdiction
Appellant or petitioner
Tort law
22. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Interrogatories
Documentary evidence
Rules of criminal procedure
Motion to require a finding of not guilty
23. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Personal property
Legislative intent
Constructive eviction
Original jurisdiction
24. Generally - an emergency situation that allows a search to proceed without a warrant.
Civil law
Billable hours
Materiality
Exigent circumstances
25. The rule that in order to claim self-defense there must have been no possibility of retreat.
Verdict
Fact
Retreat exception
Complaint
26. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Pinpoint cite
Issue of first impression
Remedial statute
Reverse
27. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Count
On all fours
Negligence per se
Registration
28. The power of a court to force a person to appear before it.
Judgment proof
Analogous cases
Personal jurisdiction
Paralegal
29. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Appellate brief
Summary jury trials
Doctrine of implied powers
Freelance Paralegal
30. A repeat offender; one who continues to commit more crimes.
Fact
Recidivist
Rules of evidence
Strict liability
31. Law that deals with harm to society as a whole.
Real or physical evidence
Motion in limine
Criminal law
Notice
32. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Code of Federal Regulations (C.F.R.)
Dictum
Arbitration
Conflict of interest
33. The rules whereby all members of a law firm are treated as though they had represented the former client.
Retainer agreement
Assumption of the risk
Reasonable suspicion
Vicarious representation
34. Specific questions that usually demand very short or yes-no answers.
Issue
Closed Questions
Necessity
Punitive damages
35. Courts that determine the facts and apply the law to the facts.
Trial courts
Remand
Grand jury
Arrest
36. Law that regulates how the legal system operates.
Procedural law
Recklessness
Plain meaning
Assumption of the risk
37. A request made to the court.
Professional judgment
Preemption
Motion
Lay witness
38. The pleading that begins a lawsuit.
Real or physical evidence
Complaint
Contingency fee
Relevancy
39. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Persuasive authority
Judicial notice
Evidence
40. When an appellate court sends a case back to the trial court for a new trial or other action.
Procedural law
Remand
Broad holding
Potential conflict
41. Evidence that supports previous testimony but that comes in a different form.
Assumption of the risk
Cause of action
Closed Questions
Corroborative evidence
42. '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.
Res ipsa loquitur
Plea bargaining
Certificated
Hearsay
43. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Quiet enjoyment
Summons
Directed verdict
44. Any tangible object - like a bloody glove.
Leading question
Reverse
Beyond a reasonable doubt
Real or physical evidence
45. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Administrative law
Products liability
Successive conflict of interest
Exclusive jurisdiction
46. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Verification
Defendant
Request for admissions
Writ of habeas corpus
47. Court decisions from a higher court in the same jurisdiction.
Charging the jury
Products liability
Mandatory authority
Statute of limitations
48. 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.
Potential conflict
Relevancy
Partnership
Writ of certiorari
49. An agreement supported by consideration.
Partnership
Retainer
Statute
Contract
50. The power of a court to hear a case.
Jurisdiction
Standing
Notice pleading
Issue of first impression