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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 a higher court agrees with what lower court has done.
Reverse
Inculpatory evidence
Exculpatory evidence
Affirm
2. Something of value exchanged to form the basis of a contract.
Consideration
Certified
Summary jury trials
Summons
3. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Official reporter
Service
Legal fiction
Hearsay
4. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Assault
Doctrine of implied powers
Deposition
Hearsay
5. The rules whereby all members of a law firm are treated as though they had represented the former client.
Full-text searches
Vicarious representation
Subsequent case history
Plain meaning
6. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Certificated
Black-letter law
Deponent
7. 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
Trial courts
Legal services offices
Tort law
8. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Citation
Contingency Fee
Agent
9. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Class action suit
Legal technician
Fruit of the poisonous tree doctrine
10. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Prior case history
Constructive eviction
Hypertext links
Annotated statutes
11. The revocation of an attorney's license.
Statute of limitations
Disbarment
Contingency fee
Codification of the common law
12. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Assumption of the risk
Exhaustion of administrative remedies
Appellate courts
Legal services offices
13. A term used to describe a case that is similar to another case.
Official reporter
Potential conflict
On point
Challenge for cause
14. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Plea bargaining
Lay advocate
Discovery
Principle
15. A request made to the court.
Rules of criminal procedure
Tenancy in common
Motion
Disposition
16. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legislative history
Subpoena
Trial courts
Legal technician
17. The power of a court to force a person to appear before it.
Motion for a new trial
Distinguishable cases
Concluding paragraph
Personal jurisdiction
18. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Legal technician
Practice of law
Irresistible impulse test
Remand
19. Questions that suggest the answer.
Citing case
Model Rules of Professional Conduct
Leading questions
Legislative intent
20. When only one court has the power to hear a case.
Diversity jurisdiction
Exclusive jurisdiction
Questions of fact
Third-party claim
21. 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).
Attorney-client privilege
Pleading in the alternative
Clear and convincing
Joint tenancy
22. Information about the law - such as that contained in encyclopedias and law review articles.
Legal fiction
Count
U.S. district courts
Secondary authority
23. An intentional act that creates a harmful or offensive physical contact.
Administrative law
Battery
Practice of law
Arraignment
24. When an appellate court overturns or negates the decision of a lower court.
U.S. district courts
M'Naghten test
Reverse
Common law
25. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Summons
Lay witness
Potential conflict
Quiet enjoyment
26. The party in a case who has initiated an appeal.
Strict construction
Restatement of the Law of Torts - Second
Appellate or petitioner
Duress
27. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Personal recognizance bond
Stop and frisk
Judgment proof
28. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Assault
Stare decisis
Diversity jurisdiction
Separation of powers
29. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Closed Questions
Fixed Fee
Intellectual Property
Compensatory damages
30. A token sum awarded when liability has been found but monetary damages cannot be shown.
Nominal damages
Issue of first impression
Intentional tort
Plain meaning
31. Liability without a showing of fault.
Motion
Strict liability
Clear and convincing
Majority opinion
32. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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33. Also known as real estate; land and items growing on or permanently attached to that land.
Remand
Easement
Real Property
Pinpoint cite
34. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
Tenancy in common
Judgment proof
Affirmative defense
35. A summary of one legal point in a court opinion; written by the editors at West.
Statutes at large or session laws
Headnote
M'Naghten test
Unauthorized practice of law
36. Law dealing with ownership.
Issue of first impression
Implied warranty of habitability
Leading questions
Property law
37. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Strict liability
Judicial restraint
Exculpatory evidence
Syllabus
38. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Motion
Contributory negligence
Judgment notwithstanding the verdict (judgment N.O.V.)
39. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Conflict of interest
Remand
Administrative law
Class action suit
40. A court's power to hear only specialized cases.
Minor premise
Warrant
Limited jurisdiction
Notice
41. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Restatement of the Law of Torts - Second
Remand
Freelance Paralegal
42. Court decisions from a higher court in the same jurisdiction.
Comparative negligence
Stop and frisk
Preemption
Mandatory authority
43. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Beyond a reasonable doubt
Contract
Exculpatory clause
44. 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.
Attorney-client privilege
Appellee or respondent
Federalism
Issue
45. The opinion of a jury on a question of fact.
Verdict
Digest
Statutory element
Assumption of the risk
46. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Defamation
Strict liability
Proximate cause
Persuasive authority
47. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Constructive eviction
Issue of first impression
Reverse
Remedial statute
48. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Strict construction
Primary authority
Bail
49. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Direct examination
Power of judicial review
Disposition
Stare decisis
50. 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
Third-party claim
Exculpatory clause
Products liability