SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 fee calculated as a percentage of the settlement or award in the case.
Personal jurisdiction
Contingency Fee
Partnership
Summary jury trials
2. A court's prior permission for the police to search and seize.
Common law
Warrant
On point
Tenancy in common
3. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Landmark decision
Minor premise
Equity
Cross-claim
4. Evidence that supports previous testimony but that comes in a different form.
Rules of criminal procedure
Corroborative evidence
Pinpoint cite
Confidentiality
5. Consists of records - contracts - leases - wills - and other written instruments.
Reverse
Headnote
Restatement of the Law of Torts - Second
Documentary evidence
6. A right to use property owned by another for a limited purpose.
Reverse
Freelance Paralegal
Materiality
Easement
7. A set charge for a specific service - such as drafting a simple will.
Product misuse
Concurrent conflict of interest
Fixed Fee
Subpoena duces tecum
8. The judge informs the jurors of the law they need to know to make their decision.
Motion
Diversity jurisdiction
Secondary authority
Charging the jury
9. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Minor premise
Entrapment
Standing
Hypertext links
10. A grand jury's written accusation that a given individual has committed a crime.
Deponent
Indictment
Subpoena
Model Rules of Professional Conduct
11. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Search engine
Stop and frisk
Defendant
Civil law
12. A national association of paralegal managers.
Warrant
Miranda warnings
Statutory element
International Paralegal Management Association (IPMA) www.paralegal management.org
13. In a case brief - the rule of law applied to the case's specific facts.
Issue
General jurisdiction
Nolo contendere
Recklessness
14. An opinion that agrees with the majority's result but disagrees with the reasoning.
Minor premise
Concurring opinion
Deposition
Damages
15. In a complaint - one cause of action.
Count
Civil law
Minor premise
Search engine
16. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Secondary authority
Unofficial reporter
Punitive damages
Trial courts
17. 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.
Contributory negligence
Substantial capacity test
Subject matter jurisdiction
Writ of habeas corpus
18. The modern pretrial procedure by which one party gains information from the adverse party.
Deponent
Agent
Exigent circumstances
Discovery
19. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Summons
Compensatory damages
Adverse possession
20. 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.
Guardian
Judicial review
Statutes of limitations
Reverse
21. Evidence that suggests the defendant's innocence.
On all fours
Probable cause
Contract
Exculpatory evidence
22. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Rules of evidence
Easement
Personal jurisdiction
Service
23. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Overrule
National Federation of Paralegal Associations (NFPA) www.paralegals.org
per curium
24. When more than one court has jurisdiction to hear a case.
Code
Appellant or petitioner
Concurrent jurisdiction
Specific performance
25. Written questions sent by one side to the opposing side - answered under oath.
Lay a foundation
Interrogatories
Westlaw
Motion in limine
26. The court's power to review statutes to decide whether they conform to the Constitution.
Reprimand or censure
Subject matter jurisdiction
Judicial review
Charging the jury
27. Something of value exchanged to form the basis of a contract.
Consideration
Citing case
Strict liability
Compensatory damages
28. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
Subpoena duces tecum
Nolo contendere
Billable hours
29. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Evidence
Duress
Practice of law
30. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Assault
Billable hours
Quiet enjoyment
Affirmative defense
31. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Substantive law
Pocket part
Standing
32. 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
per curium
Equity
Verification
Hypertext links
33. A defense requiring proof that the defendant was not mentally responsible.
Potential conflict
Laws
Insanity defense
Assault
34. Courts that determine the facts and apply the law to the facts.
Trial courts
Reverse
Appellee or respondent
Subject matter jurisdiction
35. The division of governmental power among the legislative - executive - and judicial branches.
Registration
Execute
Answer
Separation of powers
36. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Specific performance
Evidence
Corroborative evidence
Registration
37. A constitutional protection against being tried twice for the same crime.
Treatment
Double jeopardy
Quiet enjoyment
Nolo contendere
38. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Comparative negligence
Proximate cause
Judicial review
Relevancy
39. 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.
Stop and frisk
Slip laws
Miranda warnings
Beyond a reasonable doubt
40. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Reverse
Retainer
Unofficial reporter
Subsequent case history
41. 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.
Pinpoint cite
Derogation of the common law
Real property
Plea bargaining
42. The rule requiring that the original document be produced at trial.
Best evidence rule
Implied warranty of habitability
Arrest
Exclusionary rule
43. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Nolo contendere
Civil law
Tickler System
Mistrial
44. Cases that involve different facts and/or rules of law.
Distinguishable cases
En banc
Retainer agreement
Relevancy
45. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
No-knock warrant
Warrant
Execute
46. The revocation of an attorney's license.
Proximate cause
Shepardizing
Plea bargaining
Disbarment
47. An agreement supported by consideration.
Active Listening
Judicial activism
Respondeat superior
Contract
48. A case listed in Shepard's that cites your case.
Citing case
Distinguishable cases
Regulation
Recidivist
49. Money is awarded to a plaintiff in payment for his or her actual losses.
Analogous cases
Concurring opinion
Compensatory damages
Mens rea
50. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Pocket part
Remand
Authentication