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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 requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Restrictive covenant
Proving a case within a case
Transition
Property
2. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Fruit of the poisonous tree doctrine
Confidentiality
Narrow Holding
Constructive
3. The intermediate appellate courts in the federal system.
Exclusive jurisdiction
Legal Reasoning
U.S. Court of Appeals
Testimonial evidence
4. Information that can be presented in a court of law as proof of some fact.
Billable hours
Evidence
Affirm
Contingency Fee
5. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Alternative dispute resolution (ADR)
M'Naghten test
Freelance Paralegal
6. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Headnote
Appellant or petitioner
Plain meaning
Best evidence rule
7. Books that contain appellate court decisions. There are both official and unofficial reporters.
Fruit of the poisonous tree doctrine
Overbreadth
Case reporters
Strict liability
8. A defendant's personal promise to appear in court.
Road Map paragraph
Personal recognizance bond
Federalism
Reverse
9. 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.
Tenancy by the entirety
Assumption of the risk
Model Rules of Professional Conduct
Materiality
10. The number of hours - or parts of an hour - that can be charged to a specific client.
Cause of action
Injunction
Billable hours
Certified
11. Voluntarily and knowingly subjecting oneself to danger.
Evidence
Popular name table
Assumption of the risk
Original jurisdiction
12. The result reached in a particular case.
Statutory element
Narrow Holding
Criminal law
Disposition
13. A request made to the court.
Remedial statute
Plain view doctrine
Subsequent case history
Motion
14. The application of legal rules to a client's specific factual situation; also known as legal analysis.
On all fours
Legal Reasoning
Hourly rate
Vicarious representation
15. A trial court error that is not sufficient to warrant reversing the decision.
Exculpatory clause
Harmless error
Reverse
Negligence
16. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Motion for a new trial
Interrogatories
Property law
Unofficial reporter
17. A judicial philosophy that supports an active role for the judiciary in changing the law.
Practice of law
Primary authority
Original jurisdiction
Judicial activism
18. Any tangible object - like a bloody glove.
Double jeopardy
Real or physical evidence
Summons
Legal Reasoning
19. The party in a case against whom an appeal has been filed.
Jurisdiction
Code
Enabling act
Appellee or respondent
20. 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.
Tenancy in common
Broad holding
Best evidence rule
Legal writing
21. Liability without a showing of fault.
Suspension
Judgment notwithstanding the verdict (judgment N.O.V.)
Strict liability
Standing
22. Evidence that suggests the defendant's innocence.
Attorney-client privilege
Exculpatory evidence
Remand
Potential conflict
23. A determination that an attorney may not practice law for a set period of time.
Suspension
Narrow Holding
Federal question jurisdiction
Motion to require a finding of not guilty
24. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Joint tenancy
Guardian
Third-party claim
Codification
25. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Constructive
Actual cause
Void for vagueness
Code of Federal Regulations (C.F.R.)
26. When an appellate court overturns or negates the decision of a lower court.
Reverse
Disbarment
Judicial review
Exclusionary rule
27. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Clear and convincing
Federalism
False imprisonment
Disposition
28. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Syllabus
Reverse
Real property
Search engine
29. The process of legislative enactment of areas of the law previously governed solely by the common law.
Rule
Motion in limine
Beyond a reasonable doubt
Codification of the common law
30. A requirement that a party fulfill his or her contractual obligations.
Specific performance
Adverse possession
Jurisdiction
U.S. Supreme Court
31. The chronological publication of statutes at the end of a legislative session.
Arraignment
Retainer agreement
Citing case
Statutes at large or session laws
32. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Reverse
Lay witness
Rules of criminal procedure
Notice pleading
33. Courts that determine whether lower courts have made errors of law.
Expert witness
Majority opinion
Reasonable suspicion
Appellate courts
34. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Substantive facts
Plain view doctrine
Defamation
Comparative negligence
35. A statement in a judicial opinion not necessary for the decision of the case.
Westlaw
Issue
Dictum
Substantial capacity test
36. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion in limine
False imprisonment
Pattern jury instructions
Conflict of interest
37. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Negligence per se
Subsequent case history
Derogation of the common law
Consideration
38. A court's power to hear only specialized cases.
Rule 56 motion (summary judgment motion)
Cumulative evidence
Warrant
Limited jurisdiction
39. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Majority opinion
Landmark decision
Necessity
Cross-claim
40. Rules of conduct promulgated and enforced by the government.
Laws
Proximate cause
Reprimand or censure
Class action suit
41. A public or private statement that an attorney's conduct violated the code of ethics.
12(b)(6) motion
Canons of construction
Reprimand or censure
Active Listening
42. A person who permits or directs another person to act on the principal's behalf.
Principle
Judicial activism
Intentional tort
Preemption
43. A term used to describe a case that is similar to another case.
Certificated
On point
Direct examination
Defendant
44. A national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Reversible error
Limited liability partnership (LLP)
Substantial capacity test
45. 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.
Hypertext links
Irresistible impulse test
Contingency Fee
Primary authority
46. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Judicial activism
On all fours
Appellee or respondent
Concurring opinion
47. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Writ of certiorari
Bail
Affirm
Beyond a reasonable doubt
48. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Dissenting opinion
Duress
Exculpatory evidence
Retreat exception
49. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Code
Limited liability partnership (LLP)
Motion to require a finding of not guilty
Restatement of the Law of Torts - Second
50. Occurs when the police restrain a person's freedom and charge the person with a crime.
Arrest
Intellectual Property
Judicial activism
M'Naghten test