SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Loislaw
Case citation
Pattern jury instructions
2. 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.
Trial courts
Exclusive jurisdiction
Clear and convincing
Assumption
3. A provision that purports to waive liability.
General jurisdiction
Codification of the common law
Plea bargaining
Exculpatory clause
4. A request that the court order that certain information not be mentioned in the presence of the jury.
Miranda warnings
Expert witness
Motion in limine
Affirmative defense
5. The intermediate appellate courts in the federal system.
Intentional tort
U.S. Court of Appeals
Beyond a reasonable doubt
Procedural facts
6. The justified use of force to protect oneself or others.
Self-defense
Contingency Fee
Grand jury
Contributory negligence
7. The power of a court to hear a case.
Leading question
Respondeat superior
Jurisdiction
Citing case
8. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Peremptory challenge
Deductive reasoning
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Expert witness
9. 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.
Beyond a reasonable doubt
Overrule
Confidentiality
Substantive law
10. 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.
Legal clinic
Strict construction
Charging the jury
Case citation
11. In a case brief - facts that deal with what happened to the parties before the litigation began.
Substantive facts
Statute
Contributory negligence
Equity
12. The process of properly identifying and authenticating evidence so that it can be introduced.
Harmless error
Strict construction
Lay a foundation
Freelance Paralegal
13. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Constructive eviction
Legal services offices
Booking
14. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Stop and frisk
Minor premise
False imprisonment
15. Information that can be presented in a court of law as proof of some fact.
Evidence
Duress
Minimum contacts
Fact
16. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Appellant or petitioner
Challenge for cause
Derogation of the common law
Holding
17. 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.
Canons of construction
Cause of action
Evidence
Double jeopardy
18. When an appellate court sends a case back to the trial court for a new trial or other action.
Westlaw
Remand
Strict liability
Exclusionary rule
19. A court's prior permission for the police to search and seize.
Insanity defense
Personal property
Warrant
Self-defense
20. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Recidivist
Practice of law
Leading question
Actual cause
21. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Warrant
Standing
Certified
Preemption
22. A method for excusing a prospective juror; no reason need be given.
Affirm
Rules of evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
Peremptory challenge
23. 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
Strict construction
Class action suit
Original jurisdiction
24. 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.
Digest
Shepardizing
Legal technician
On point
25. A canon of construction meaning 'of the same class.:
Ejusdem generis
U.S. district courts
Fact
Substantive law
26. The power of a court to force a person to appear before it.
Billable hours
Analogous cases
Personal jurisdiction
Documentary evidence
27. When only one court has the power to hear a case.
Exclusive jurisdiction
Bail
Pleading in the alternative
Writ of habeas corpus
28. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Nominal damages
Charging the jury
Cross-claim
Unauthorized practice of law
29. An opinion that disagrees with the majority's decision and its reasoning.
Motion for a new trial
Dissenting opinion
Dictum
Judgment
30. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
False imprisonment
Reversible error
Legislative intent
Nolo contendere
31. Consists of records - contracts - leases - wills - and other written instruments.
Minor premise
Concurrent conflict of interest
Documentary evidence
Challenge for cause
32. The judge informs the jurors of the law they need to know to make their decision.
Statutes at large or session laws
Expert witness
Headnote
Charging the jury
33. An advance or down payment that is given to engage the services of an attorney.
Retainer
Fruit of the poisonous tree doctrine
Strict liability
Rules of evidence
34. Representing someone who is in a position adverse to a prior client.
Judicial activism
Successive conflict of interest
Motion to require a finding of not guilty
International Paralegal Management Association (IPMA) www.paralegal management.org
35. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Issue
Freelance Paralegal
Entrapment
Fact
36. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Double jeopardy
Cross-claim
Administrative law
37. In a case brief - the rule of law applied to the case's specific facts.
Professional Corporation (PC)
Issue
Motion to suppress
American Bar Association (ABA) www.abanet.org
38. Law that deals with harm to an individual.
Federal question jurisdiction
Constructive
Pinpoint cite
Civil law
39. Evidence that suggests the defendant's innocence.
Peremptory challenge
Judgment notwithstanding the verdict (judgment N.O.V.)
Exculpatory evidence
Certified
40. A right to use property owned by another for a limited purpose.
Easement
Class action suit
Common law
Harmless error
41. The requirement that relief be sought from an administrative agency before proceeding to court.
Remedial statute
Official reporter
Exhaustion of administrative remedies
Double jeopardy
42. A set charge for a specific service - such as drafting a simple will.
Legal fiction
Quiet enjoyment
Judicial activism
Fixed Fee
43. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Legal services offices
No-knock warrant
Mandatory authority
44. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Cumulative evidence
Stop and frisk
Clearly erroneous
Guardian
45. 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.
Directed verdict
Statute of limitations
Proving a case within a case
Contributory negligence
46. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Negligence per se
Appellate courts
Third-party claim
No-knock warrant
47. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Property
Motion
Damages
48. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Persuasive authority
Defendant
Reverse
Quiet enjoyment
49. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Codification
Summary jury trials
Headnote
Booking
50. 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
No-knock warrant
Issue of first impression
Diversity jurisdiction
Search engine