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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 failure to act reasonably under the circumstances.
Testimonial evidence
Execute
Plaintiff
Negligence
2. The number of hours - or parts of an hour - that can be charged to a specific client.
General jurisdiction
Battered woman's or spouse's syndrome
Billable hours
Proximate cause
3. 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.
Quiet enjoyment
Battered woman's or spouse's syndrome
Statute of limitations
Pocket part
4. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Overrule
Contributory negligence
Plaintiff
Writ of habeas corpus
5. A document that lists statements regarding specific items for the other party to admit or deny.
Compulsory joinder
Notice
Request for admissions
Jurisdiction
6. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Recidivist
Lay advocate
Plaintiff
7. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Motion in limine
Suspension
Attorney-client privilege
Code
8. A statute establishing and setting out the powers of an administrative agency.
Citation
Quiet enjoyment
Enabling act
Answer
9. A witness who has not been shown to have any special expertise.
Disposition
Preponderance of the evidence
Recidivist
Lay witness
10. 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.
Personal property
Preemption
Eminent Domain
Persuasive authority
11. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Strict liability
Third-party claim
Bail
Grand jury
12. The revocation of an attorney's license.
Disbarment
Plain meaning
Tenancy in common
Statutes of limitations
13. 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.
Service
Analogous cases
Proximate cause
Reverse
14. A person who initiates a lawsuit.
Plaintiff
Void for vagueness
Federalism
Bail
15. A set of standardized jury instructions.
Best evidence rule
Legal clinic
Pattern jury instructions
Bill of Rights
16. A calendering system that records key dates and important deadlines.
Issue of first impression
Federalism
Tickler System
Actus rea
17. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Preponderance of the evidence
Lay witness
Irresistible impulse test
per curium
18. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Affirm
Statute of limitations
Legal Research
Professional Corporation (PC)
19. The pleading that begins a lawsuit.
On all fours
Complaint
Appellate courts
Recklessness
20. A person who initiates an appeal.
Principle
Appellant or petitioner
Black-letter law
Harmless error
21. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Miranda warnings
Client trust account
Actual cause
No-knock warrant
22. A provision in a deed that prohibits specified uses of the property.
Common law
Restrictive covenant
Authentication
Judicial review
23. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Major premise
Suspension
Plain meaning
Verification
24. All property that is not real property.
Personal property
U.S. district courts
Mistrial
Contributory negligence
25. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Tenancy by the entirety
Registration
Joint tenancy
26. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Attorney-client privilege
Citing case
Entrapment
27. 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.
Internet
Clear and convincing
Diversity jurisdiction
Valid
28. Generally accepted legal principles.
Black-letter law
Defendant
Duress
Plaintiff
29. The rule requiring that the original document be produced at trial.
Best evidence rule
Federal question jurisdiction
Fruit of the poisonous tree doctrine
Contract
30. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Legal clinic
Discovery
Slip laws
Original jurisdiction
31. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Cross-claim
Reverse
En banc
Bailment
32. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Service
On all fours
Appellate brief
Adverse possession
33. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Case citation
Nominal damages
Common law
Statute of limitations
34. 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.
Preponderance of the evidence
Irresistible impulse test
Comparative negligence
Subpoena
35. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Compensatory damages
Legal services offices
Contingency fee
Analogous cases
36. A trial conducted without a jury.
Lexis
Bench trial
Legal technician
Personal property
37. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Exclusive jurisdiction
Eminent Domain
Battery
Transition
38. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Broad holding
Evidence
Arbitration
Potential conflict
39. A defendant's personal promise to appear in court.
Canons of construction
Summons
Personal recognizance bond
Laws
40. Broad questions that put few limits on the freedom of the respondent.
Internet
Open Questions
Substantive law
Constructive
41. Land and objects permanently attached to land.
Appellant or petitioner
Headnote
Real property
Statutes at large or session laws
42. The tort theory that an employer can be sued for the negligent acts of its employees.
Retreat exception
Respondeat superior
Partnership
Strict construction
43. A fee calculated as a percentage of the settlement or award in the case.
Pattern jury instructions
Loislaw
Contingency Fee
Recklessness
44. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Pocket part
Laws
Statute of limitations
Quiet enjoyment
45. 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.
Competency
Dismissal with prejudice
Legal technician
Expert witness
46. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Writ of execution
Comparative negligence
Deductive reasoning
Damages
47. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Original jurisdiction
Compulsory joinder
M'Naghten test
48. The transfer of a case from one state court to a federal court.
Code of Federal Regulations (C.F.R.)
Removal
Citing case
Hypertext links
49. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Exculpatory evidence
Contingency Fee
Open Questions
50. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Case citation
Competency
Freelance Paralegal
Negligence