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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 relating to what happened: who - what - when - where - and how.
Dismissal with prejudice
Preemption
Treatment
Questions of fact
2. A meeting of the attorneys and the judge prior to the beginning of the trial.
Challenge for cause
Strict liability
Pretrial conference
Certificated
3. Evidence that supports previous testimony but that comes in a different form.
Dissenting opinion
Corroborative evidence
Laws
Lay a foundation
4. 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.
Stop and frisk
Summary jury trials
Motion to suppress
Professional Corporation (PC)
5. A case listed in Shepard's that cites your case.
Citing case
Legal writing
Majority opinion
Retreat exception
6. Without the need for a warrant - the police may seize objects that are openly visible.
Pretrial motion
Plain view doctrine
Affirm
Case citation
7. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Assumption of the risk
Issue
Implied warranty of habitability
No-knock warrant
8. Cases that involve different facts and/or rules of law.
Direct examination
Distinguishable cases
Relevancy
Lay advocate
9. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Reversible error
Third-party claim
Request for admissions
Negligence per se
10. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Motion to require a finding of not guilty
Exigent circumstances
Prima facie case
Exclusionary rule
11. A repeat offender; one who continues to commit more crimes.
Property law
Recidivist
Comparative negligence
Nolo contendere
12. The transfer of a case from one state court to a federal court.
Motion to suppress
Cross-claim
Arbitration
Removal
13. A trial conducted without a jury.
Battered woman's or spouse's syndrome
Bench trial
Primary authority
Case citation
14. Rules and regulations created by administrative agencies.
Administrative law
Principle
Concurring opinion
Pretrial motion
15. A term used to describe a case that is similar to another case.
Easement
On point
Booking
Exhaustion of administrative remedies
16. 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.
Counterclaim
En banc
Pretrial conference
Shepardizing
17. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Reverse
Professional judgment
Legislative history
Legal Reasoning
18. Establishes a direct link to the event that must be proven.
Deductive reasoning
Exclusionary rule
Direct evidence
Narrow Holding
19. A court's prior permission for the police to search and seize.
Registration
Pocket part
Warrant
Majority opinion
20. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Canons of construction
On all fours
Joint tenancy
Reversible error
21. A defense whereby the defendant offers new evidence to avoid judgment.
Insanity defense
Arbitration
Discovery
Affirmative defense
22. Federal and state rules that regulate how criminal proceedings are conducted.
Full-text database
Rules of criminal procedure
Products liability
Execute
23. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Personal jurisdiction
Corroborative evidence
Citation
Caption
24. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Rules of evidence
Res ipsa loquitur
Legislative history
Treatment
25. Violation of a statute as proof of negligence
Assumption of the risk
Negligence per se
Ejusdem generis
Beyond a reasonable doubt
26. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Statute in derogation of the common law
Professional Corporation (PC)
Open Questions
27. A witness who has not been shown to have any special expertise.
Lay witness
Arraignment
Real Property
Motion to suppress
28. The general jurisdiction trial courts in the federal system.
Slip laws
Negligence per se
U.S. district courts
Official reporter
29. 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.
Real or physical evidence
Expert witness
Case citation
Closed Questions
30. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Conflict of interest
Registration
Attorney-client privilege
Legislative history
31. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Rules of criminal procedure
Directed verdict
Affirmative defense
32. When a higher court agrees with what lower court has done.
Injunction
Affirm
Circumstantial evidence
Syllabus
33. A computerized database that contains key information about the content of documents - such as medical records.
per curium
Reverse
Structured database
Majority opinion
34. Evidence that is derived from an illegal search or interrogation is inadmissible.
Corroborative evidence
Fruit of the poisonous tree doctrine
Defendant
Federalism
35. A court's power to hear only specialized cases.
Common law
Dissenting opinion
Plain meaning
Limited jurisdiction
36. A request that the court order that certain information not be mentioned in the presence of the jury.
Actus rea
Harmless error
Motion in limine
Constructive
37. A business run by two or more persons as co-owners.
Court of record
Partnership
Overbreadth
Constitutional law
38. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Arraignment
Principle
Professional Corporation (PC)
Legislative history
39. When the defendant does not have sufficient money or other assets to pay the judgment.
Reverse
Fixed Fee
False imprisonment
Judgment proof
40. A defendant's personal promise to appear in court.
Personal recognizance bond
Confidentiality
Narrow Holding
Discovery
41. Money is awarded to a plaintiff in payment for his or her actual losses.
Miranda warnings
Compensatory damages
Lay witness
Official reporter
42. 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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43. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Trial courts
Alternative dispute resolution (ADR)
Potential conflict
Issue of first impression
44. A claim by the defendant against the plaintiff.
Counterclaim
Judgment proof
Testimonial evidence
Billable hours
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.
Request for admissions
Deductive reasoning
Exclusive jurisdiction
Statute of limitations
46. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Remedial statute
Relevancy
Grand jury
Concurring opinion
47. 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.
Rules of criminal procedure
U.S. district courts
Legal technician
Constructive eviction
48. A defense requiring proof that the defendant was not mentally responsible.
Actus rea
Questions of fact
Insanity defense
Affirmative defense
49. Bad intent.
12(b)(6) motion
Pleadings
American Bar Association (ABA) www.abanet.org
Mens rea
50. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
General jurisdiction
Motion
Assault