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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. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Relevancy
Concluding paragraph
Common law
Federalism
2. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Agent
Pattern jury instructions
Restrictive covenant
3. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federalism
Real Property
Booking
Procedural law
4. A tangible object or a right or ownership interest.
Property
Client trust account
Administrative law
Assumption
5. The party in a lawsuit against whom an appeal has been filed.
Legal Research
Direct evidence
Appellee or respondent
Contingency Fee
6. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
En banc
Harmless error
12(b)(6) motion
Statute in derogation of the common law
7. 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
Judgment notwithstanding the verdict (judgment N.O.V.)
Affirm
Issue
8. When an appellate court that normally sits in panels sits as a whole.
En banc
Tort law
Charging the jury
Common law
9. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Procedural facts
Judicial restraint
Partnership
Leading question
10. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Jurisdiction
Motion to require a finding of not guilty
Miranda warnings
Client trust account
11. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
Miranda warnings
Citation
Constructive eviction
12. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Judgment
Statute
Arbitration
Federalism
13. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Regulation
Annotated statutes
Appellee or respondent
14. Courts that determine the facts and apply the law to the facts.
Standing
Bailment
Search engine
Trial courts
15. 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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16. Federal and state rules that regulate how criminal proceedings are conducted.
12(b)(6) motion
Rules of criminal procedure
Rules of evidence
Dissenting opinion
17. 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.
Appellee or respondent
Reasonable suspicion
Federalism
Implied warranty of habitability
18. The opinion of a jury on a question of fact.
Subpoena
Notice
Entrapment
Verdict
19. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Motion in limine
Entrapment
Arraignment
20. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Hourly rate
Codification
Defendant
Preemption
21. A request that the court order that certain information not be mentioned in the presence of the jury.
Bench trial
Motion in limine
Writ of certiorari
Active Listening
22. An approach whereby the courts give a statute a narrow interpretation.
Reverse
Strict construction
Active Listening
Appellee or respondent
23. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Statutes of limitations
Void for vagueness
Beyond a reasonable doubt
Syllabus
24. A set charge for a specific service - such as drafting a simple will.
Reverse
Best evidence rule
Diversity jurisdiction
Fixed Fee
25. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Pretrial motion
Appellate or petitioner
Concurring opinion
Issue
26. When an appellate court sends a case back to the trial court for a new trial or other action.
Pretrial motion
Entrapment
Paralegal
Remand
27. 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.
Official reporter
Partnership
Majority opinion
Competency
28. 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.
Remedial statute
Personal jurisdiction
Cause of action
Professional judgment
29. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Request for admissions
Structured database
Reversible error
Affirm
30. A meeting of the attorneys and the judge prior to the beginning of the trial.
Successive conflict of interest
Remedial statute
Void for vagueness
Pretrial conference
31. Specific questions that usually demand very short or yes-no answers.
Compulsory joinder
Tenancy in common
Regulation
Closed Questions
32. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Code
Indictment
Unofficial reporter
Writ of certiorari
33. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Eminent Domain
Appellee or respondent
Practice of law
Motion in limine
34. A law promulgated by an administrative agency.
Tickler System
Potential conflict
Regulation
Circumstantial evidence
35. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Transition
Comparative negligence
Plain meaning
Persuasive authority
36. When an appellate court overturns or negates the decision of a lower court.
Battery
Direct evidence
Rule 56 motion (summary judgment motion)
Reverse
37. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Conflict of interest
Corroborative evidence
Removal
38. Monetary compensation - including compensatory - punitive - and nominal damages.
Negligence per se
Damages
Subsequent case history
Motion in limine
39. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Open Questions
Default judgment
Deductive reasoning
Majority opinion
40. A court order requiring a person to appear to testify at a trial or deposition.
Citing case
Subpoena
Freelance Paralegal
Pattern jury instructions
41. 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.
Ejusdem generis
Booking
Legal fiction
Valid
42. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Substantive facts
Challenge for cause
Dismissal with prejudice
Jurisdiction
43. 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.
Actual cause
Standing
Cause of action
Rule 56 motion (summary judgment motion)
44. 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.
Stare decisis
Client trust account
Dissenting opinion
Restatement of the Law of Torts - Second
45. The power of a court to hear a particular type of case.
Annotated statutes
Affirmative defense
Subject matter jurisdiction
Assault
46. An agreement supported by consideration.
Persuasive authority
Jurisdiction
Contract
Full-text database
47. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Principle
Bill of Rights
Lexis
Internet
48. Indirect evidence - used to prove facts by implication.
Pocket part
Circumstantial evidence
Direct examination
Nominal damages
49. 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.
Agent
Deductive reasoning
Shepardizing
Persuasive authority
50. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Potential conflict
Exhaustion of administrative remedies
Products liability
Exclusive jurisdiction