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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 review statutes to decide if they conform to the federal or a state constitution.
U.S. district courts
Statutory element
Power of judicial review
Complaint
2. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Grand jury
Compensatory damages
Mediation
Joint tenancy
3. The new legal principle established by a court opinion.
Holding
Partnership
Minor premise
Subject matter jurisdiction
4. The opinion of a jury on a question of fact.
False imprisonment
Loislaw
Verdict
Arrest
5. A book that contains court opinion headnotes arranged by subject matter.
Pleading in the alternative
Easement
Digest
Restatement of the Law of Torts - Second
6. 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.
Persuasive authority
Testimonial evidence
Default judgment
Civil law
7. A defense requiring proof that the defendant was not mentally responsible.
Procedural law
Challenge for cause
Insanity defense
Freelance Paralegal
8. A repeat offender; one who continues to commit more crimes.
Bench trial
Recidivist
Execute
Case citation
9. A request made to the court.
Motion
Questions of fact
Quiet enjoyment
Notice pleading
10. A separable part of a statute that must be satisfied for the statute to apply.
M'Naghten test
Contingency fee
Code
Statutory element
11. The reference to a particular page within an opinion.
Double jeopardy
Pinpoint cite
Remedial statute
Summary jury trials
12. When more than one court has jurisdiction to hear a case.
Best evidence rule
Concurrent jurisdiction
Leading question
Judgment proof
13. Questions relating to the interpretation or application of the law.
Headnote
Rules of evidence
Concurring opinion
Questions of law
14. Evidence that suggests the defendant's innocence.
Questions of law
Full-text database
Exculpatory evidence
Substantive facts
15. In a case brief - facts that deal with what happened to the parties before the litigation began.
Substantive facts
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Battered woman's or spouse's syndrome
Treatment
16. 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.
Motion in limine
Deponent
Statute of limitations
International Paralegal Management Association (IPMA) www.paralegal management.org
17. When an appellate court overturns or negates the decision of a lower court.
Punitive damages
Guardian
Reverse
Codification
18. 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.
Code
Affirmative defense
Broad holding
Concurring opinion
19. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Federalism
Damages
Voir dire
20. Violation of a statute as proof of negligence
Negligence per se
Property
Res ipsa loquitur
Subject matter jurisdiction
21. 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.
Verdict
Legal Reasoning
Cause of action
Trial courts
22. The process of properly identifying and authenticating evidence so that it can be introduced.
Bill of Rights
Majority opinion
Loislaw
Lay a foundation
23. A calendering system that records key dates and important deadlines.
Assumption of the risk
Negligence
Tickler System
Attorney-client privilege
24. Proof that the evidence is what it is said to be.
Warrant
Authentication
Materiality
Best evidence rule
25. A computerized database that contains the full text of documents - such as court opinions or depositions.
Subject matter jurisdiction
Full-text database
Subsequent case history
Certificated
26. A case listed in Shepard's that cites your case.
Strict liability
Citing case
Annotated statutes
Overrule
27. 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.
Probable cause
Contingency fee
Preponderance of the evidence
Questions of law
28. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Assumption
Code
Reverse
Rule 56 motion (summary judgment motion)
29. Liability without a showing of fault.
Real property
Strict liability
Open Questions
Direct evidence
30. The result reached in a particular case.
Citing case
Disposition
Specific performance
Appellate brief
31. The publication of false statements that harm a person's reputation.
Judgment
Contingency fee
Defamation
Summons
32. Evidence that suggests the defendant's guilt.
Miranda warnings
Inculpatory evidence
Legal technician
Real property
33. 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
Cumulative evidence
Canons of construction
Constructive
34. A token sum awarded when liability has been found but monetary damages cannot be shown.
Implied warranty of habitability
Contract
Nominal damages
Valid
35. A grand jury's written accusation that a given individual has committed a crime.
Affirm
Administrative law
Indictment
Dissenting opinion
36. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Analogous cases
Rule 56 motion (summary judgment motion)
Potential conflict
Constitutional law
37. The questioning of your own witness.
Remand
Unofficial reporter
Joint tenancy
Direct examination
38. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
Tenancy in common
On point
Secondary authority
39. Voluntarily and knowingly subjecting oneself to danger.
Count
Primary authority
Affirm
Assumption of the risk
40. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Minor premise
Affirmative defense
Dictum
Official reporter
41. 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.
Legal technician
Legal fiction
Evidence
Constructive eviction
42. Written questions sent by one side to the opposing side - answered under oath.
Evidence
Relevancy
Interrogatories
Vicarious representation
43. The pleading that begins a lawsuit.
Deponent
Slip laws
Peremptory challenge
Complaint
44. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Concluding paragraph
Legal Research
On all fours
45. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Code
Search engine
Compensatory damages
Slip laws
46. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Injunction
Notice pleading
Counterclaim
Compulsory joinder
47. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Nominal damages
Vicarious representation
Negligence
48. 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.
Search engine
Actual cause
Federalism
Recidivist
49. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Potential conflict
Motion for a new trial
Contingency fee
Citation
50. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Assumption of the risk
Tenancy in common
Westlaw
Ejusdem generis