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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 nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Reversible error
Clear and convincing
Summary jury trials
Concurrent conflict of interest
2. Summary of one legal point in a court opinion; written by the editors at West.
Clear and convincing
Headnote
Expert witness
Retainer
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.
Common law
Real or physical evidence
Subpoena duces tecum
Statute of limitations
4. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Disbarment
Treatment
Constructive eviction
Indictment
5. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Syllabus
Majority opinion
Retainer agreement
Affirmative defense
6. The requirement that relief be sought from an administrative agency before proceeding to court.
Notice
Exhaustion of administrative remedies
Necessity
Verification
7. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Answer
Statute in derogation of the common law
Punitive damages
Popular name table
8. The papers that begin a lawsuit-generally - the complaint and the answer.
Affirmative defense
Pleadings
Code of Federal Regulations (C.F.R.)
Harmless error
9. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Recidivist
Liberal construction
Preemption
10. 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.
Narrow Holding
Popular name table
Tort law
Hourly rate
11. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Punitive damages
Reverse
Concurring opinion
12. The rule requiring that the original document be produced at trial.
Execute
Best evidence rule
Bailment
Exclusive jurisdiction
13. Indirect evidence - used to prove facts by implication.
Legal clinic
Circumstantial evidence
U.S. district courts
General jurisdiction
14. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Regulation
Motion in limine
Code
Holding
15. Evidence that is derived from an illegal search or interrogation is inadmissible.
Eminent Domain
Fruit of the poisonous tree doctrine
Hourly rate
Procedural facts
16. Evidence that does not add any new information but that confirms facts that already have been established.
Eminent Domain
Grand jury
Cumulative evidence
Reverse
17. The opinion of a jury on a question of fact.
Headnote
Verdict
Authentication
Competency
18. A court's prior permission for the police to search and seize.
Entrapment
Warrant
Pretrial conference
Probable cause
19. A court order requiring a party to perform a specific act or to cease doing a specific act.
Minor premise
Injunction
Negligence
Service
20. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Principle
Remedial statute
Removal
21. The tort theory that an employer can be sued for the negligent acts of its employees.
Double jeopardy
Conflict of interest
Respondeat superior
Vicarious representation
22. 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
Ejusdem generis
per curium
Concurrent conflict of interest
23. A book that contains court opinion headnotes arranged by subject matter.
Road Map paragraph
Digest
Substantial capacity test
En banc
24. 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.
Broad holding
Statute in derogation of the common law
Legal services offices
Actual cause
25. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Subsequent case history
Bailment
Voir dire
Double jeopardy
26. An agreement supported by consideration.
Peremptory challenge
Contract
Overbreadth
Battery
27. 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.
Reversible error
Grand jury
Appellate or petitioner
M'Naghten test
28. The pleading that begins a lawsuit.
Complaint
Jurisdiction
Proximate cause
Assault
29. A constitutional protection against being tried twice for the same crime.
American Bar Association (ABA) www.abanet.org
Legal fiction
Code of Federal Regulations (C.F.R.)
Double jeopardy
30. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Exclusive jurisdiction
Leading question
Rule 56 motion (summary judgment motion)
Attorney-client privilege
31. Used to describe legislation that changes the common law.
Jurisdiction
Invasion of Privacy
Rule 56 motion (summary judgment motion)
Derogation of the common law
32. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Duress
Notice pleading
Materiality
Necessity
33. 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.
Remand
Harmless error
Competency
Judgment proof
34. 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
Tenancy by the entirety
Inculpatory evidence
Substantive law
35. An issue that the court has never faced before.
Issue of first impression
Request for admissions
Reverse
Road Map paragraph
36. The division of governmental power among the legislative - executive - and judicial branches.
Dictum
Clear and convincing
Separation of powers
Judicial restraint
37. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Nominal damages
Judicial notice
Service
Annotated statutes
38. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Code
Writ of habeas corpus
Actus rea
39. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Black-letter law
Affirm
Limited liability partnership (LLP)
Double jeopardy
40. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Prima facie case
Ethical wall or screen or cone of silence
Clear and convincing
41. A business run by two or more persons as co-owners.
Statute of limitations
Partnership
Suspension
Mandatory authority
42. A national paralegal association.
Structured database
National Association of Legal Assistants (NALA) www.nala.org
Proving a case within a case
Broad holding
43. A witness who has not been shown to have any special expertise.
Lay witness
En banc
Separation of powers
Contract
44. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Implied warranty of habitability
National Association of Legal Assistants (NALA) www.nala.org
Materiality
Official reporter
45. Something of value exchanged to form the basis of a contract.
Arrest
Federalism
Consideration
Subpoena duces tecum
46. Evidence that suggests the defendant's guilt.
Judicial activism
Lexis
Inculpatory evidence
Stare decisis
47. The general jurisdiction trial courts in the federal system.
Product misuse
U.S. district courts
Criminal law
Comparative negligence
48. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Real Property
Voir dire
Remand
Structured database
49. A provision that purports to waive liability.
Exculpatory clause
Substantial capacity test
En banc
Evidence
50. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Constructive eviction
Overrule
Product misuse
Discovery