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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. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Trial courts
Reprimand or censure
Fact
2. A witness who has not been shown to have any special expertise.
Compulsory joinder
Interrogatories
Lay witness
Concurring opinion
3. A separable part of a statute that must be satisfied for the statute to apply.
Case citation
Statutory element
Beyond a reasonable doubt
Nolo contendere
4. A request made to the court.
Exclusionary rule
Contract
Procedural facts
Motion
5. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Cumulative evidence
Separation of powers
Limited liability partnership (LLP)
Products liability
6. 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.
Harmless error
Alternative dispute resolution (ADR)
Lexis
Procedural facts
7. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Partnership
Mediation
Direct evidence
8. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Ethical wall or screen or cone of silence
Dismissal with prejudice
Complaint
Deponent
9. 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.
Retainer agreement
Hearsay
Cause of action
Summons
10. The general jurisdiction trial courts in the federal system.
Pinpoint cite
Consideration
U.S. district courts
Double jeopardy
11. Court decisions from a higher court in the same jurisdiction.
Booking
Questions of fact
Legal technician
Mandatory authority
12. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Direct examination
Loislaw
Constitutional law
13. A trial court error that is not sufficient to warrant reversing the decision.
Legal fiction
Preemption
Relevancy
Harmless error
14. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Harmless error
Legal writing
Minimum contacts
15. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Liberal construction
Substantial capacity test
Cross-examination
16. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Alternative dispute resolution (ADR)
Subpoena duces tecum
Reprimand or censure
17. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Fruit of the poisonous tree doctrine
Minor premise
Contract
Adverse possession
18. A meeting of the attorneys and the judge prior to the beginning of the trial.
Pretrial conference
Affirm
Removal
Original jurisdiction
19. A bank account used to hold money belonging to the client or to a third party.
Property
Client trust account
Negligence
Subsequent case history
20. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Loislaw
Legal technician
Liberal construction
Mandatory authority
21. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Pretrial conference
Treatment
Punitive damages
Digest
22. A court's power to hear only specialized cases.
Summary jury trials
Adverse possession
Subject matter jurisdiction
Limited jurisdiction
23. A summary of one legal point in a court opinion; written by the editors at West.
Secondary authority
Lay witness
Issue of first impression
Headnote
24. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Official reporter
Holding
Guardian
Bench trial
25. The publication of false statements that harm a person's reputation.
Defamation
Easement
Jurisdiction
Eminent Domain
26. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Damages
Rule 56 motion (summary judgment motion)
Respondeat superior
Evidence
27. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Distinguishable cases
Civil law
Appellate brief
Easement
28. An opinion that disagrees with the majority's decision and its reasoning.
Dissenting opinion
Major premise
Headnote
Probable cause
29. The new legal principle established by a court opinion.
Evidence
Major premise
Code of Federal Regulations (C.F.R.)
Holding
30. The party in a lawsuit against whom an appeal has been filed.
Billable hours
Appellee or respondent
Appellate brief
Personal property
31. Liability without a showing of fault.
Holding
Plaintiff
Deductive reasoning
Strict liability
32. A request that the court release the defendant because of the illegality of the incarceration.
Booking
Writ of habeas corpus
Deponent
Motion in limine
33. The failure of an attorney to act reasonably.
Procedural facts
Subpoena duces tecum
Lay witness
Legal malpractice
34. 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.
Booking
Void for vagueness
Federalism
Vicarious representation
35. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Persuasive authority
Popular name table
Pocket part
Dismissal with prejudice
36. Rules of conduct promulgated and enforced by the government.
Laws
Distinguishable cases
Answer
Contingency Fee
37. The justified use of force to protect oneself or others.
Primary authority
Self-defense
Mistrial
Mens rea
38. 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.
Third-party claim
Personal property
Conflict of interest
Miranda warnings
39. 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.
Judicial review
National Association of Legal Assistants (NALA) www.nala.org
Tenancy in common
Substantial capacity test
40. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Issue of first impression
Challenge for cause
Entrapment
Case reporters
41. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Assumption
Legal Reasoning
Codification
Restatement of the Law of Torts - Second
42. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
National Association of Legal Assistants (NALA) www.nala.org
Overrule
Defamation
Active Listening
43. The process of finding the law.
Legal Research
Retreat exception
Subpoena
Prior case history
44. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Negligence
Concluding paragraph
Res ipsa loquitur
Voir dire
45. A court order authorizing a sheriff to take property in order to enforce a judgment.
Legislative history
Leading questions
Reverse
Writ of execution
46. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Contributory negligence
Professional judgment
Analogous cases
Holding
47. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Paralegal
Laws
Hearsay
Product misuse
48. Representing someone who is in a position adverse to a prior client.
Primary authority
Remand
Questions of fact
Successive conflict of interest
49. Indirect evidence - used to prove facts by implication.
Self-defense
Assumption of the risk
Subsequent case history
Circumstantial evidence
50. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
Exculpatory evidence
Request for admissions
Major premise