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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 criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Arraignment
Recidivist
Limited jurisdiction
Mens rea
2. 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.
Exculpatory clause
Statute of limitations
Subpoena
Assumption of the risk
3. 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.
Substantive facts
Cross-claim
Procedural facts
Broad holding
4. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Third-party claim
Interrogatories
Search engine
Evidence
5. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Pattern jury instructions
Confidentiality
Remedial statute
Evidence
6. Summary of one legal point in a court opinion; written by the editors at West.
Diversity jurisdiction
Dismissal with prejudice
Constitutional law
Headnote
7. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Respondeat superior
Eminent Domain
Compensatory damages
8. Evidence that suggests the defendant's guilt.
Westlaw
Questions of law
Direct evidence
Inculpatory evidence
9. 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.
Suspension
Miranda warnings
Professional Corporation (PC)
Guardian
10. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Case citation
Tenancy by the entirety
Recidivist
Preponderance of the evidence
11. A person who initiates a lawsuit.
Analogous cases
Plaintiff
Notice pleading
Motion
12. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Laws
Void for vagueness
Retainer agreement
13. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Real property
Arbitration
Model Rules of Professional Conduct
Constructive eviction
14. Including more than one count in a complaint; the counts do not need to be consistent.
Subsequent case history
Search engine
Popular name table
Pleading in the alternative
15. Information about the law - such as that contained in encyclopedias and law review articles.
Assault
Secondary authority
Unofficial reporter
Appellate courts
16. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Major premise
Assumption
Statutes at large or session laws
Remand
17. An intentional act that creates a harmful or offensive physical contact.
Judgment notwithstanding the verdict (judgment N.O.V.)
Res ipsa loquitur
Battery
Property law
18. 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.
Recidivist
Case citation
Principle
Counterclaim
19. An opinion that disagrees with the majority's decision and reasoning.
Comparative negligence
Strict construction
Dissenting opinion
Harmless error
20. The educated ability to apply law to specific facts.
Digest
Proving a case within a case
Professional judgment
Judgment notwithstanding the verdict (judgment N.O.V.)
21. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Irresistible impulse test
Professional judgment
Lay witness
Exhaustion of administrative remedies
22. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Necessity
Legal technician
Codification
23. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Invasion of Privacy
Valid
Loislaw
24. The failure to act reasonably under the circumstances.
Negligence
Questions of law
Reasonable suspicion
Appellee or respondent
25. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Interrogatories
Motion in limine
Annotated statutes
Compensatory damages
26. The new legal principle established by a court opinion.
Federalism
Holding
Unofficial reporter
Summons
27. A trial conducted without a jury.
Answer
Separation of powers
Arbitration
Bench trial
28. 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.
Subsequent case history
Damages
Void for vagueness
Competency
29. Something of value exchanged to form the basis of a contract.
Consideration
Appellee or respondent
Plain view doctrine
Cumulative evidence
30. 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.
Duress
Principle
Property law
Prima facie case
31. The general jurisdiction trial courts in the federal system.
Deponent
Deposition
Warrant
U.S. district courts
32. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Judicial restraint
Hearsay
Appellate courts
33. Law that regulates how the legal system operates.
Procedural law
Self-defense
Original jurisdiction
Real or physical evidence
34. The purpose of the legislature at the time it enacted the statute.
Dismissal with prejudice
Separation of powers
Vicarious representation
Legislative intent
35. 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
Court of record
Laws
International Paralegal Management Association (IPMA) www.paralegal management.org
36. 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.
Reverse
Restatement of the Law of Torts - Second
Counterclaim
Insanity defense
37. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Case reporters
Substantial capacity test
Headnote
Legal fiction
38. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Complaint
Case citation
Procedural facts
Active Listening
39. Being informed of some act done or about to be done.
Notice
Full-text database
Disposition
Certificated
40. A determination that an attorney may not practice law for a set period of time.
Suspension
Directed verdict
Intentional tort
Pocket part
41. Violation of a statute as proof of negligence
per curium
Fruit of the poisonous tree doctrine
Negligence per se
Ejusdem generis
42. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Cross-examination
Principle
Deductive reasoning
Retainer agreement
43. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Procedural law
Comparative negligence
Judicial notice
Invasion of Privacy
44. Information that can be presented in a court of law as proof of some fact.
Plain view doctrine
Bail
Miranda warnings
Evidence
45. A trial court error that is not sufficient to warrant reversing the decision.
Regulation
Assumption of the risk
Harmless error
Questions of law
46. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Appellant or petitioner
Strict liability
Judicial activism
Res ipsa loquitur
47. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Constructive
Major premise
Tickler System
48. An opinion that agrees with the majority's result but disagrees with its reasoning.
Grand jury
Concurring opinion
Statute of limitations
Cause of action
49. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Strict construction
Reverse
Concluding paragraph
Majority opinion
50. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Statutory element
Bill of Rights
Cumulative evidence
Compulsory joinder