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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. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Practice of law
Intellectual Property
Active Listening
Questions of fact
2. The reference to a particular page within an opinion.
Pinpoint cite
Irresistible impulse test
Proving a case within a case
Assumption of the risk
3. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Compulsory joinder
National Association of Legal Assistants (NALA) www.nala.org
Hypertext links
Legal Reasoning
4. A court's power to hear any type of case arising within its geographical area.
Confidentiality
Motion
Client trust account
General jurisdiction
5. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Doctrine of implied powers
Annotated statutes
Mandatory authority
Exculpatory clause
6. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Closed Questions
Clearly erroneous
Remedial statute
Comparative negligence
7. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Appellate or petitioner
Deposition
Federalism
Hearsay
8. Law that deals with harm to a person or a person's property.
Tort law
General jurisdiction
Rules of criminal procedure
Power of judicial review
9. An intentional act that creates a harmful or offensive physical contact.
Battery
Legal writing
Subsequent case history
Adverse possession
10. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Statutes at large or session laws
Constructive eviction
Mandatory authority
Legal writing
11. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Counterclaim
Easement
Bill of Rights
12. The power of government to take private property for public purposes.
Eminent Domain
Lay witness
Motion in limine
Original jurisdiction
13. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
On point
Legislative intent
Certified
Request for admissions
14. 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.
Answer
Minor premise
Pleading in the alternative
Federalism
15. 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.
Cross-claim
Legislative history
Persuasive authority
Arbitration
16. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Reversible error
Complaint
Respondeat superior
Bailment
17. 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.
Broad holding
Tenancy in common
Statute of limitations
Entrapment
18. The power of a court to hear a particular type of case.
Remand
Booking
Federalism
Subject matter jurisdiction
19. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Laws
Lay witness
Judicial notice
Hourly rate
20. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Actus rea
Comparative negligence
Plea bargaining
Exculpatory evidence
21. A claim by the defendant against the plaintiff.
Recidivist
Counterclaim
Necessity
Power of judicial review
22. Questions that suggest the answer.
Grand jury
Summons
Leading questions
Legislative intent
23. The revocation of an attorney's license.
Lay witness
Disbarment
Minimum contacts
Compulsory joinder
24. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Codification of the common law
Tenancy in common
Cross-claim
25. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Cumulative evidence
Doctrine of implied powers
Duress
26. Law that regulates how the legal system operates.
Irresistible impulse test
Procedural law
Retainer
Judicial restraint
27. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Enabling act
Irresistible impulse test
Concurring opinion
28. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Summary jury trials
Motion to suppress
Rules of criminal procedure
Cross-claim
29. 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.
Pleadings
Plain view doctrine
Laws
Stop and frisk
30. A court's prior permission for the police to search and seize.
Derogation of the common law
Miranda warnings
Enabling act
Warrant
31. A repeat offender; one who continues to commit more crimes.
Doctrine of implied powers
Professional Corporation (PC)
Recidivist
Syllabus
32. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Plain view doctrine
Materiality
Relevancy
33. A form in which statutes are published; they are printed individually at the time they are first enacted.
Substantive facts
Slip laws
Constructive
Potential conflict
34. A case listed in Shepard's that cites your case.
Motion
Assumption of the risk
Citing case
Real or physical evidence
35. The judge informs the jurors of the law they need to know to make their decision.
Overrule
Bail
Charging the jury
Real property
36. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Equity
Administrative law
per curium
Disposition
37. 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.
Majority opinion
Summary jury trials
Appellate brief
Constitutional law
38. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Implied warranty of habitability
Affirm
Prima facie case
Exclusionary rule
39. A court order requiring a party to perform a specific act or to cease doing a specific act.
Vicarious representation
Quiet enjoyment
Contributory negligence
Injunction
40. Violation of a statute as proof of negligence
Jurisdiction
Direct examination
Dictum
Negligence per se
41. The power of a court to hear a case.
Jurisdiction
Exclusionary rule
Laws
Prior case history
42. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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43. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Battered woman's or spouse's syndrome
Broad holding
Clearly erroneous
Removal
44. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Joint tenancy
Strict liability
M'Naghten test
45. A pamphlet inserted into the back of a book containing information new since the volume was published.
Joint tenancy
Interrogatories
Writ of certiorari
Pocket part
46. A witness who possesses skill and knowledge beyond that of the average person.
Retainer
Exclusionary rule
Property
Expert witness
47. The rules whereby all members of a law firm are treated as though they had represented the former client.
Products liability
Vicarious representation
Arbitration
Damages
48. A worldwide network of computer networks.
Internet
Directed verdict
Peremptory challenge
Judicial activism
49. An approach whereby the courts give a statute a narrow interpretation.
Vicarious representation
Plea bargaining
Retreat exception
Strict construction
50. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Intentional tort
per curium
Pinpoint cite
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