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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. Evidence that suggests the defendant's guilt.
Fruit of the poisonous tree doctrine
Mens rea
Inculpatory evidence
Real Property
2. A token sum awarded when liability has been found but monetary damages cannot be shown.
Jurisdiction
Statutory element
Nominal damages
Default judgment
3. 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.
Model Rules of Professional Conduct
Issue
Concluding paragraph
Substantial capacity test
4. A tangible object or a right or ownership interest.
Contract
Questions of law
Tenancy in common
Property
5. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Defamation
Removal
Criminal law
6. Rules of conduct promulgated and enforced by the government.
Laws
Damages
On all fours
Actual cause
7. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Statute of limitations
False imprisonment
Motion to require a finding of not guilty
Booking
8. In logic - a belief that justifies one in arguing a conclusion.
Bailment
Jurisdiction
Code of Federal Regulations (C.F.R.)
Assumption
9. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Defendant
Answer
Transition
Full-text searches
10. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Legal services offices
Cause of action
Statutes of limitations
Judicial activism
11. 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
Affirm
Mistrial
Diversity jurisdiction
Guardian
12. In a complaint - one cause of action.
Discovery
Double jeopardy
Case reporters
Count
13. In a case brief - the general legal principle in existence before the case began.
Exhaustion of administrative remedies
Appellate or petitioner
Retainer agreement
Rule
14. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Certified
Prior case history
U.S. Court of Appeals
Appellate brief
15. A special type of joint tenancy applicable only to married couples.
Dissenting opinion
Tenancy by the entirety
Harmless error
Actus rea
16. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Miranda warnings
Entrapment
Distinguishable cases
Legal Reasoning
17. Liability without a showing of fault.
Vicarious representation
Strict liability
Subsequent case history
Overbreadth
18. When only one court has the power to hear a case.
Exclusive jurisdiction
Property law
Client trust account
Overrule
19. In a case brief - the rule of law applied to the case's specific facts.
Lay advocate
Injunction
Contingency fee
Issue
20. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Statutes of limitations
Professional judgment
False imprisonment
21. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Disposition
Shepardizing
Default judgment
Removal
22. The process of properly identifying and authenticating evidence so that it can be introduced.
Negligence per se
Lay a foundation
Real property
Competency
23. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Full-text searches
Cumulative evidence
Principle
12(b)(6) motion
24. A reason for invalidating a statute where it covers both protected and criminal activity.
Headnote
Plain view doctrine
Overbreadth
Successive conflict of interest
25. A fee calculated as a percentage of the settlement or award in the case.
Landmark decision
Case citation
Comparative negligence
Contingency Fee
26. 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.
Suspension
Negligence
Legal technician
Reverse
27. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Questions of law
Real or physical evidence
Defendant
Actual cause
28. All property that is not real property.
Contributory negligence
Negligence per se
Personal property
Directed verdict
29. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Majority opinion
Valid
Overrule
On all fours
30. Law dealing with ownership.
Judicial restraint
Cause of action
Property law
Full-text database
31. The failure of an attorney to act reasonably.
Appellant or petitioner
Rule 56 motion (summary judgment motion)
Legal malpractice
Shepardizing
32. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Statutes of limitations
Comparative negligence
Issue of first impression
Bailment
33. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Product misuse
Majority opinion
Statutes of limitations
Notice pleading
34. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Questions of fact
Retreat exception
Concurrent conflict of interest
35. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Valid
Restrictive covenant
Evidence
Joint tenancy
36. An opinion that disagrees with the majority's decision and its reasoning.
Proving a case within a case
Directed verdict
Jurisdiction
Dissenting opinion
37. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Verification
Loislaw
Guardian
38. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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39. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Conflict of interest
Comparative negligence
Quiet enjoyment
Unofficial reporter
40. 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.
Issue
Defendant
Shepardizing
Laws
41. Law that deals with harm to society as a whole.
General jurisdiction
Criminal law
Confidentiality
Motion in limine
42. A worldwide network of computer networks.
Paralegal
Contract
Internet
Potential conflict
43. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Exclusive jurisdiction
Actual cause
Arraignment
44. A book that contains court opinion headnotes arranged by subject matter.
Assumption of the risk
Motion for a new trial
Separation of powers
Digest
45. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Issue of first impression
Answer
Discovery
Case citation
46. The division of governmental power among the legislative - executive - and judicial branches.
Remand
Citing case
Contingency Fee
Separation of powers
47. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Easement
Digest
Affirmative defense
Materiality
48. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
U.S. district courts
Fixed Fee
Closed Questions
49. A court order authorizing a sheriff to take property in order to enforce a judgment.
Documentary evidence
Remand
Writ of execution
Standing
50. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Doctrine of implied powers
Exclusive jurisdiction
On all fours
Subsequent case history