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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 final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Summary jury trials
Tenancy in common
Deponent
2. The party in a case against whom an appeal has been filed.
Exigent circumstances
Appellee or respondent
Retainer
Judgment notwithstanding the verdict (judgment N.O.V.)
3. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Narrow Holding
Void for vagueness
Authentication
4. 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.
Lay a foundation
Minor premise
On point
Ejusdem generis
5. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Valid
Prior case history
Contingency Fee
6. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Testimonial evidence
No-knock warrant
Subsequent case history
7. When an appellate court overturns or negates the decision of a lower court.
Regulation
Reverse
Judgment notwithstanding the verdict (judgment N.O.V.)
Appellate courts
8. A defense whereby the defendant offers new evidence to avoid judgment.
Concurrent conflict of interest
Limited jurisdiction
Probable cause
Affirmative defense
9. A case listed in Shepard's that cites your case.
Citing case
Pleadings
Class action suit
Principle
10. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Entrapment
Holding
Quiet enjoyment
11. 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
Procedural facts
Count
Restrictive covenant
12. A provision in a deed that prohibits specified uses of the property.
Removal
Restrictive covenant
Lexis
Code
13. A national association of paralegal associations.
Invasion of Privacy
Pleadings
Assault
National Federation of Paralegal Associations (NFPA) www.paralegals.org
14. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Reverse
Assumption
Judgment notwithstanding the verdict (judgment N.O.V.)
Easement
15. Evidence that is derived from an illegal search or interrogation is inadmissible.
Summons
Concurring opinion
M'Naghten test
Fruit of the poisonous tree doctrine
16. 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
Easement
Code
En banc
17. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Liberal construction
Lay witness
Comparative negligence
Active Listening
18. 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.
Minimum contacts
Corroborative evidence
Federalism
Specific performance
19. 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.
Implied warranty of habitability
Interrogatories
Statute of limitations
Compulsory joinder
20. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Nolo contendere
Substantial capacity test
Judicial activism
21. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Minimum contacts
Legal technician
Fixed Fee
Legal clinic
22. The power of a court to hear a case.
Successive conflict of interest
Strict liability
Procedural law
Jurisdiction
23. The power of government to take private property for public purposes.
Subject matter jurisdiction
Legislative intent
Eminent Domain
Analogous cases
24. The failure of an attorney to act reasonably.
Contributory negligence
Legal malpractice
Plea bargaining
Personal property
25. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Best evidence rule
Lay witness
Subpoena duces tecum
Corroborative evidence
26. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Exigent circumstances
Battered woman's or spouse's syndrome
Implied warranty of habitability
27. The rules whereby all members of a law firm are treated as though they had represented the former client.
Motion in limine
Vicarious representation
Corroborative evidence
Third-party claim
28. Courts that determine whether lower courts have made errors of law.
Indictment
Statute in derogation of the common law
Real Property
Appellate courts
29. Law that deals with harm to an individual.
Civil law
Rule 56 motion (summary judgment motion)
Motion to require a finding of not guilty
Code of Federal Regulations (C.F.R.)
30. A national voluntary organization of lawyers.
Suspension
Registration
American Bar Association (ABA) www.abanet.org
Bail
31. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Tickler System
Specific performance
Constructive eviction
Shepardizing
32. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Contributory negligence
Concurrent conflict of interest
Subsequent case history
Regulation
33. A witness who has not been shown to have any special expertise.
Distinguishable cases
Rules of criminal procedure
Irresistible impulse test
Lay witness
34. 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.
Statutes of limitations
Intellectual Property
Search engine
Compulsory joinder
35. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Battered woman's or spouse's syndrome
Count
On point
Product misuse
36. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Proximate cause
Dismissal with prejudice
Affirm
Personal property
37. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Defamation
Annotated statutes
Structured database
Comparative negligence
38. Federal and state rules that govern the admissibility of evidence in court.
Broad holding
Quiet enjoyment
Plaintiff
Rules of evidence
39. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Notice pleading
Clear and convincing
M'Naghten test
Trial courts
40. When an appellate court sends a case back to the trial court for a new trial or other action.
Transition
Remand
Expert witness
Real or physical evidence
41. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Criminal law
Motion to suppress
Duress
42. Broad questions that put few limits on the freedom of the respondent.
Eminent Domain
Open Questions
Specific performance
Real property
43. Law that regulates how the legal system operates.
Case citation
Procedural law
Bench trial
Direct evidence
44. A person who initiates an appeal.
Motion to require a finding of not guilty
Actual cause
Appellant or petitioner
Syllabus
45. A national paralegal association.
Affirm
Irresistible impulse test
National Association of Legal Assistants (NALA) www.nala.org
General jurisdiction
46. The papers that begin a lawsuit-generally - the complaint and the answer.
Easement
Pleadings
Negligence
Search engine
47. The first ten amendments to the U.S. Constitution.
Bill of Rights
Reversible error
Paralegal
Negligence
48. Including more than one count in a complaint; the counts do not need to be consistent.
Injunction
Pleading in the alternative
Harmless error
Specific performance
49. A worldwide network of computer networks.
Certified
Plain view doctrine
Internet
Fixed Fee
50. Also known as real estate; land and items growing on or permanently attached to that land.
Arrest
Real Property
Minimum contacts
Writ of certiorari