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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 tangible object or a right or ownership interest.
Actual cause
Property
Defamation
Best evidence rule
2. A case listed in Shepard's that cites your case.
Clearly erroneous
Judicial activism
Citing case
Evidence
3. Questions that suggest the answer.
Preemption
Adverse possession
Leading questions
Arbitration
4. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Subpoena
Direct examination
Rule 56 motion (summary judgment motion)
Ejusdem generis
5. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
Reversible error
Defamation
Minor premise
6. The pleading that begins a lawsuit.
Quiet enjoyment
Pinpoint cite
Unauthorized practice of law
Complaint
7. 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.
Arraignment
Entrapment
Persuasive authority
Common law
8. 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.
Stop and frisk
Disbarment
Exculpatory evidence
Vicarious representation
9. Monetary compensation - including compensatory - punitive - and nominal damages.
Pretrial conference
Affirm
Billable hours
Damages
10. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Liberal construction
Harmless error
Cumulative evidence
11. A requirement that a party fulfill his or her contractual obligations.
Deposition
Specific performance
Recidivist
Contributory negligence
12. A court's power to hear any type of case arising within its geographical area.
Billable hours
General jurisdiction
Writ of habeas corpus
Pleadings
13. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Actus rea
Pretrial motion
Full-text searches
Mediation
14. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Legislative intent
Affirm
Harmless error
15. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Limited liability partnership (LLP)
Adverse possession
Plaintiff
Invasion of Privacy
16. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Active Listening
Regulation
Recidivist
Road Map paragraph
17. '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.
Lay advocate
Deposition
Authentication
Res ipsa loquitur
18. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Bailment
Cross-claim
Internet
Diversity jurisdiction
19. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Punitive damages
Defendant
Preemption
Code
20. Broad questions that put few limits on the freedom of the respondent.
Model Rules of Professional Conduct
Open Questions
Contributory negligence
Minimum contacts
21. The new legal principle established by a court opinion.
Holding
Strict liability
Entrapment
Motion for a new trial
22. The first ten amendments to the U.S. Constitution.
Double jeopardy
Bill of Rights
Federalism
Substantive law
23. 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.
Reverse
Double jeopardy
Canons of construction
Minimum contacts
24. 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.
Procedural facts
Broad holding
Intentional tort
Separation of powers
25. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Self-defense
Leading questions
Civil law
26. A court order requiring a party to perform a specific act or to cease doing a specific act.
Recklessness
Injunction
Reverse
Judgment proof
27. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Narrow Holding
Common law
Subpoena duces tecum
Suspension
28. Someone who has the power to act in the place of another.
Lay a foundation
Criminal law
Documentary evidence
Agent
29. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Closed Questions
Court of record
Regulation
Personal property
30. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Plaintiff
Regulation
Model Rules of Professional Conduct
Clearly erroneous
31. Generally - an emergency situation that allows a search to proceed without a warrant.
Questions of fact
Exigent circumstances
Irresistible impulse test
Leading question
32. Standard used by appellate courts when reviewing a trial court's findings of fact.
Pocket part
Clearly erroneous
Affirmative defense
Pleading in the alternative
33. The questioning of your own witness.
Direct examination
Statute in derogation of the common law
Reprimand or censure
M'Naghten test
34. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Nominal damages
Valid
Arbitration
Substantial capacity test
35. A law promulgated by an administrative agency.
Search engine
Persuasive authority
Caption
Regulation
36. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Remand
Hearsay
Leading question
American Bar Association (ABA) www.abanet.org
37. In a case brief - the rule of law applied to the case's specific facts.
Issue
Subpoena duces tecum
No-knock warrant
Practice of law
38. The failure to act reasonably under the circumstances.
Service
Potential conflict
Concurrent conflict of interest
Negligence
39. The highest federal appellate court - consisting of nine appointed members.
Full-text database
Entrapment
Warrant
U.S. Supreme Court
40. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Implied warranty of habitability
Exculpatory clause
Suspension
Void for vagueness
41. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Partnership
Disbarment
Pretrial motion
42. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Strict liability
Preemption
Lexis
Legislative intent
43. The general jurisdiction trial courts in the federal system.
U.S. district courts
Relevancy
Active Listening
Full-text database
44. Generally accepted legal principles.
Narrow Holding
Writ of execution
Black-letter law
On all fours
45. A national association of paralegal associations.
Original jurisdiction
Indictment
National Federation of Paralegal Associations (NFPA) www.paralegals.org
National Association of Legal Assistants (NALA) www.nala.org
46. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Freelance Paralegal
On all fours
Legal Reasoning
Principle
47. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Arraignment
Primary authority
Negligence
Unofficial reporter
48. A computerized database that contains key information about the content of documents - such as medical records.
Laws
U.S. Court of Appeals
Leading questions
Structured database
49. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Caption
Necessity
Loislaw
Double jeopardy
50. Proof that the evidence is what it is said to be.
Authentication
Property law
Remand
Diversity jurisdiction