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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. Law that deals with harm to a person or a person's property.
Tort law
Dictum
Affirm
Concluding paragraph
2. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Equity
Restatement of the Law of Torts - Second
Persuasive authority
Regulation
3. Law that deals with harm to an individual.
Assumption of the risk
Fact
Civil law
Judicial restraint
4. A reason for invalidating a statute where it covers both protected and criminal activity.
Ejusdem generis
Slip laws
Legal technician
Overbreadth
5. 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.
Reasonable suspicion
U.S. Court of Appeals
Tenancy in common
Freelance Paralegal
6. An approach whereby the courts give a statute a narrow interpretation.
Overbreadth
Injunction
Indictment
Strict construction
7. The highest federal appellate court - consisting of nine appointed members.
Exhaustion of administrative remedies
U.S. Supreme Court
Contributory negligence
Guardian
8. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Duress
Actual cause
Codification
Transition
9. The papers that begin a lawsuit-generally - the complaint and the answer.
Fixed Fee
Legal writing
Full-text searches
Pleadings
10. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Arraignment
Valid
Dictum
Concluding paragraph
11. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Charging the jury
Reverse
Cross-claim
Consideration
12. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Prior case history
Pattern jury instructions
Directed verdict
Liberal construction
13. The publication of false statements that harm a person's reputation.
Plain meaning
Westlaw
Defamation
Exculpatory clause
14. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Negligence
Pretrial motion
Trial courts
Entrapment
15. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Third-party claim
Limited jurisdiction
Legal writing
Compensatory damages
16. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
Duress
Enabling act
Confidentiality
17. The opinion of a jury on a question of fact.
Official reporter
Verdict
Statutes at large or session laws
Alternative dispute resolution (ADR)
18. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Cross-claim
Default judgment
Probable cause
Codification of the common law
19. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Notice
Original jurisdiction
M'Naghten test
Legal services offices
20. The power of a court to hear a case.
Assumption
Agent
Invasion of Privacy
Jurisdiction
21. A document that lists statements regarding specific items for the other party to admit or deny.
Cross-claim
Request for admissions
Reverse
Exclusive jurisdiction
22. 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.
Issue
Motion for a new trial
Lay witness
Statutory element
23. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Intentional tort
On all fours
Restatement of the Law of Torts - Second
Property
24. A public or private statement that an attorney's conduct violated the code of ethics.
Appellate brief
Reprimand or censure
Inculpatory evidence
Structured database
25. Evidence that supports previous testimony but that comes in a different form.
Entrapment
Corroborative evidence
Separation of powers
Intellectual Property
26. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Evidence
Legal fiction
Interrogatories
Intellectual Property
27. A repeat offender; one who continues to commit more crimes.
Lexis
Recidivist
Summons
Mandatory authority
28. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Standing
Entrapment
Legal Reasoning
Full-text searches
29. A summary of one legal point in a court opinion; written by the editors at West.
Principle
Legal clinic
General jurisdiction
Headnote
30. The general jurisdiction trial courts in the federal system.
Pinpoint cite
U.S. district courts
Reasonable suspicion
Cross-claim
31. All property that is not real property.
Self-defense
Registration
Personal property
Concluding paragraph
32. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Black-letter law
Compulsory joinder
Specific performance
33. A right to use property owned by another for a limited purpose.
Tenancy in common
Headnote
Easement
Digest
34. 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.
Overrule
Compulsory joinder
Judgment notwithstanding the verdict (judgment N.O.V.)
Relevancy
35. A witness who has not been shown to have any special expertise.
Invasion of Privacy
Black-letter law
Issue
Lay witness
36. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Professional Corporation (PC)
Real or physical evidence
Notice pleading
37. Violation of a statute as proof of negligence
Contributory negligence
Professional Corporation (PC)
Plain view doctrine
Negligence per se
38. An actual incident or condition; not a legal consequence.
Legal Research
Lay witness
Fact
Motion
39. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Professional Corporation (PC)
Syllabus
Affirm
40. Voluntarily and knowingly subjecting oneself to danger.
Evidence
Assumption of the risk
Invasion of Privacy
Hypertext links
41. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Power of judicial review
Legal clinic
Confidentiality
42. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Open Questions
Legal fiction
Limited liability partnership (LLP)
Restrictive covenant
43. Federal and state rules that regulate how criminal proceedings are conducted.
Principle
Intentional tort
Headnote
Rules of criminal procedure
44. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Overrule
Clear and convincing
Federalism
Lay advocate
45. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Pattern jury instructions
Real or physical evidence
Concluding paragraph
Judgment proof
46. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Inculpatory evidence
Statute
Overbreadth
47. 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.
Retainer agreement
M'Naghten test
Restatement of the Law of Torts - Second
Professional Corporation (PC)
48. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Direct evidence
Quiet enjoyment
Court of record
Legislative history
49. Someone who has the power to act in the place of another.
Stop and frisk
Agent
Entrapment
Subject matter jurisdiction
50. Money is awarded to a plaintiff in payment for his or her actual losses.
Affirmative defense
Compensatory damages
American Bar Association (ABA) www.abanet.org
Headnote