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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. A court's power to hear any type of case arising within its geographical area.
General jurisdiction
Proximate cause
Pretrial motion
Preemption
2. The first ten amendments to the U.S. Constitution.
Plain view doctrine
Disposition
Void for vagueness
Bill of Rights
3. The reference to a particular page within an opinion.
Restrictive covenant
Arraignment
Pinpoint cite
Minor premise
4. Not factually true - but accepted by the courts as being legally true.
Reverse
Westlaw
Adverse possession
Constructive
5. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Insanity defense
Motion for a new trial
Comparative negligence
Vicarious representation
6. An opinion that disagrees with the majority's decision and reasoning.
Confidentiality
Dissenting opinion
Judicial activism
Popular name table
7. The party in a lawsuit against whom an appeal has been filed.
Evidence
Appellee or respondent
Power of judicial review
Writ of execution
8. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Evidence
per curium
Implied warranty of habitability
Real Property
9. Governmental publication of court opinions.
Challenge for cause
Jurisdiction
Official reporter
Registration
10. The pleading that begins a lawsuit.
Complaint
Plain meaning
Battery
Exclusionary rule
11. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Count
Trial courts
Ethical wall or screen or cone of silence
12. A person who initiates an appeal.
Legal services offices
Appellant or petitioner
Fixed Fee
Broad holding
13. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Restatement of the Law of Torts - Second
Easement
Distinguishable cases
14. Generally - an emergency situation that allows a search to proceed without a warrant.
Indictment
Constitutional law
Exigent circumstances
Evidence
15. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Overbreadth
Annotated statutes
Syllabus
Structured database
16. A provision in a deed that prohibits specified uses of the property.
Quiet enjoyment
Issue
Legal malpractice
Restrictive covenant
17. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Battery
Negligence
Limited liability partnership (LLP)
Self-defense
18. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Restatement of the Law of Torts - Second
Directed verdict
Documentary evidence
Materiality
19. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Reasonable suspicion
Treatment
Adverse possession
Evidence
20. A person who permits or directs another person to act on the principal's behalf.
Harmless error
Dissenting opinion
Principle
Citing case
21. Voluntarily and knowingly subjecting oneself to danger.
Legal Reasoning
Appellate courts
Exculpatory clause
Assumption of the risk
22. A national association of paralegal managers.
False imprisonment
Power of judicial review
Probable cause
International Paralegal Management Association (IPMA) www.paralegal management.org
23. A set charge for a specific service - such as drafting a simple will.
National Association of Legal Assistants (NALA) www.nala.org
Digest
Plain view doctrine
Fixed Fee
24. Courts that determine whether lower courts have made errors of law.
Appellate courts
Narrow Holding
Case reporters
Lay a foundation
25. An intentional act that creates a harmful or offensive physical contact.
Appellee or respondent
Battery
Judicial review
Strict construction
26. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Pattern jury instructions
Voir dire
Battery
Testimonial evidence
27. An opinion that disagrees with the majority's decision and its reasoning.
Dissenting opinion
Arbitration
En banc
Code
28. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Unauthorized practice of law
Probable cause
Full-text searches
Verification
29. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
On all fours
Active Listening
Official reporter
Internet
30. A requirement that a party fulfill his or her contractual obligations.
Product misuse
Legislative history
Specific performance
Secondary authority
31. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
No-knock warrant
Proximate cause
Attorney-client privilege
Writ of habeas corpus
32. The party in a case against whom an appeal has been filed.
Judgment proof
Canons of construction
Duress
Appellee or respondent
33. Written questions sent by one side to the opposing side - answered under oath.
Stare decisis
Interrogatories
Defamation
Appellate courts
34. When an appellate court sends a case back to the trial court for a new trial or other action.
Deposition
Remand
Subpoena
Legal Reasoning
35. A calendering system that records key dates and important deadlines.
Pleadings
U.S. district courts
Preemption
Tickler System
36. Courts that determine the facts and apply the law to the facts.
Trial courts
Real Property
Execute
Class action suit
37. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
False imprisonment
Beyond a reasonable doubt
Practice of law
Cross-claim
38. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Partnership
Road Map paragraph
Respondeat superior
39. Someone who has the power to act in the place of another.
Agent
Plaintiff
Lay witness
Voir dire
40. A statute that changes the common law.
Statute in derogation of the common law
Assumption of the risk
Affirmative defense
Overrule
41. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Exclusionary rule
Judicial restraint
Holding
Class action suit
42. 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.
Concurring opinion
Legislative history
Prima facie case
Reverse
43. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Distinguishable cases
Agent
Professional judgment
44. Bad act.
Tenancy by the entirety
Case citation
Dissenting opinion
Actus rea
45. A court's power to hear only specialized cases.
Recklessness
Popular name table
Mandatory authority
Limited jurisdiction
46. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Stop and frisk
Judicial activism
Reprimand or censure
47. Simultaneously representing adverse clients.
Concurrent conflict of interest
Liberal construction
Affirm
Enabling act
48. A fee calculated as a percentage of the settlement or award in the case.
Issue of first impression
Easement
Contingency Fee
Comparative negligence
49. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Prior case history
Legal services offices
Federalism
Criminal law
50. The power of the federal courts to hear matters of federal law.
Rule
Federal question jurisdiction
Code of Federal Regulations (C.F.R.)
Real or physical evidence