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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. When only one court has the power to hear a case.
Exclusive jurisdiction
Appellate or petitioner
Contingency Fee
Plaintiff
2. A constitutional protection against being tried twice for the same crime.
Criminal law
Concurring opinion
Double jeopardy
Circumstantial evidence
3. 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
Direct examination
Subsequent case history
Overbreadth
4. 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.
Negligence
Preponderance of the evidence
Ejusdem generis
Booking
5. The papers that begin a lawsuit-generally - the complaint and the answer.
Valid
Citing case
Code
Pleadings
6. A witness who possesses skill and knowledge beyond that of the average person.
Dismissal with prejudice
Disposition
Products liability
Expert witness
7. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Road Map paragraph
Entrapment
Retainer agreement
Reversible error
8. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Preponderance of the evidence
Remedial statute
Suspension
Service
9. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Transition
Billable hours
Hypertext links
10. In a case brief - facts that deal with what happened to the parties before the litigation began.
Principle
Substantive facts
Reprimand or censure
Professional judgment
11. Specific questions that usually demand very short or yes-no answers.
Closed Questions
General jurisdiction
Bailment
American Bar Association (ABA) www.abanet.org
12. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Arrest
Exigent circumstances
Void for vagueness
Westlaw
13. A requirement that a party fulfill his or her contractual obligations.
Active Listening
U.S. district courts
Specific performance
Valid
14. The rules whereby all members of a law firm are treated as though they had represented the former client.
Plea bargaining
Retainer agreement
Plaintiff
Vicarious representation
15. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Direct evidence
Substantial capacity test
Structured database
16. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Clear and convincing
Affirmative defense
Contributory negligence
Evidence
17. A witness who has not been shown to have any special expertise.
Pleadings
Disbarment
Lay witness
M'Naghten test
18. A constitutional protection against being tried twice for the same crime.
Pattern jury instructions
Irresistible impulse test
Constructive
Double jeopardy
19. Liability without a showing of fault.
Persuasive authority
Assault
Issue
Strict liability
20. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Interrogatories
Appellee or respondent
Property
21. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Compensatory damages
Appellee or respondent
U.S. Supreme Court
Legislative history
22. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Cause of action
Arrest
Testimonial evidence
Real Property
23. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Substantial capacity test
Procedural facts
Service
24. The power of a court to hear a case.
Jurisdiction
Legislative history
Holding
Lay advocate
25. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Writ of certiorari
Bailment
Consideration
General jurisdiction
26. The law itself - such as statutes and court opinions.
Majority opinion
Bench trial
Primary authority
False imprisonment
27. Information that can be presented in a court of law as proof of some fact.
Codification
Res ipsa loquitur
Evidence
Overrule
28. The rule that in order to claim self-defense there must have been no possibility of retreat.
Limited jurisdiction
Attorney-client privilege
Retreat exception
Documentary evidence
29. An opinion that disagrees with the majority's decision and reasoning.
Motion to require a finding of not guilty
Competency
Dissenting opinion
Full-text searches
30. Broad questions that put few limits on the freedom of the respondent.
Miranda warnings
Affirm
Transition
Open Questions
31. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
Treatment
Common law
Legislative history
32. 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.
Substantial capacity test
Holding
Dismissal with prejudice
Interrogatories
33. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Adverse possession
Affirmative defense
Third-party claim
Leading question
34. Without the need for a warrant - the police may seize objects that are openly visible.
Client trust account
Plain view doctrine
Certificated
Legal services offices
35. The general jurisdiction trial courts in the federal system.
Judgment proof
U.S. district courts
Invasion of Privacy
Judicial restraint
36. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Certified
Ethical wall or screen or cone of silence
Persuasive authority
Reverse
37. Someone who has the power to act in the place of another.
Exigent circumstances
Issue of first impression
Agent
Service
38. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Mediation
Issue of first impression
Inculpatory evidence
Legal writing
39. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Preemption
Comparative negligence
Narrow Holding
40. A case listed in Shepard's that cites your case.
Restatement of the Law of Torts - Second
Majority opinion
Intellectual Property
Citing case
41. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Punitive damages
Structured database
Majority opinion
42. Being informed of some act done or about to be done.
Lay advocate
per curium
Notice
Remand
43. The process of properly identifying and authenticating evidence so that it can be introduced.
Pinpoint cite
Respondeat superior
Lay a foundation
Verification
44. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Substantial capacity test
Closed Questions
Plain view doctrine
Loislaw
45. 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.
Affirmative defense
Major premise
Assumption of the risk
Statutes of limitations
46. Simultaneously representing adverse clients.
Lay witness
Actus rea
Concurrent conflict of interest
Evidence
47. 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.
Clear and convincing
Recklessness
Lay advocate
Respondeat superior
48. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Overbreadth
Original jurisdiction
Dictum
Verification
49. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Adverse possession
Personal property
Pleadings
Tenancy in common
50. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
U.S. Supreme Court
Popular name table
Substantial capacity test
Certified