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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 theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Easement
Federalism
Best evidence rule
2. A witness who has not been shown to have any special expertise.
Subsequent case history
Lay witness
Motion for a new trial
Judgment notwithstanding the verdict (judgment N.O.V.)
3. A law promulgated by an administrative agency.
Lay witness
Regulation
Landmark decision
Clearly erroneous
4. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Fruit of the poisonous tree doctrine
Common law
Holding
Unofficial reporter
5. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Reversible error
Cause of action
Closed Questions
Deponent
6. The new legal principle established by a court opinion.
Execute
Stop and frisk
Holding
Procedural facts
7. A tort committed by one who intends to do the act that creates the harm.
Assumption of the risk
National Association of Legal Assistants (NALA) www.nala.org
Intentional tort
Open Questions
8. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Best evidence rule
Leading question
Fact
9. The general jurisdiction trial courts in the federal system.
U.S. district courts
Property
Substantive law
Legislative history
10. Used to describe legislation that changes the common law.
Evidence
Pleadings
Self-defense
Derogation of the common law
11. A court's power to hear only specialized cases.
Black-letter law
Preemption
Personal recognizance bond
Limited jurisdiction
12. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Harmless error
Deponent
Necessity
Bail
13. A term used to describe a case that is similar to another case.
Primary authority
Service
Cross-examination
On point
14. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Exhaustion of administrative remedies
Reversible error
Motion
Directed verdict
15. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Restatement of the Law of Torts - Second
Res ipsa loquitur
Unauthorized practice of law
Void for vagueness
16. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Third-party claim
Exhaustion of administrative remedies
Hearsay
Structured database
17. Standard used by appellate courts when reviewing a trial court's findings of fact.
Authentication
Clearly erroneous
Remedial statute
Arraignment
18. 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
U.S. Supreme Court
Criminal law
Intellectual Property
19. 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
Stare decisis
Substantial capacity test
Authentication
Appellant or petitioner
20. Any tangible object - like a bloody glove.
Reverse
Complaint
Property law
Real or physical evidence
21. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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22. A warrant that allows the police to enter without announcing their presence in advance.
Treatment
No-knock warrant
Unofficial reporter
Mens rea
23. A requirement that a party fulfill his or her contractual obligations.
Statute
Specific performance
Concurring opinion
per curium
24. A set charge for a specific service - such as drafting a simple will.
Original jurisdiction
Attorney-client privilege
Overrule
Fixed Fee
25. An agreement supported by consideration.
Arraignment
Contract
Notice
Statutes at large or session laws
26. Information that can be presented in a court of law as proof of some fact.
Specific performance
Exculpatory clause
Evidence
Unofficial reporter
27. The power of a court to hear a case.
Jurisdiction
Hearsay
Respondeat superior
Best evidence rule
28. A form in which statutes are published; they are printed individually at the time they are first enacted.
Joint tenancy
On all fours
Slip laws
Open Questions
29. The transfer of a case from one state court to a federal court.
Removal
Affirm
Strict construction
Broad holding
30. Courts that determine the facts and apply the law to the facts.
Practice of law
Trial courts
Circumstantial evidence
Doctrine of implied powers
31. Not factually true - but accepted by the courts as being legally true.
Statute
Overrule
Constructive
Direct examination
32. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Actus rea
Ethical wall or screen or cone of silence
Circumstantial evidence
33. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Search engine
Plain view doctrine
Active Listening
Subsequent case history
34. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Beyond a reasonable doubt
Internet
Mens rea
35. Broad questions that put few limits on the freedom of the respondent.
Prior case history
Open Questions
Motion for a new trial
Comparative negligence
36. A public or private statement that an attorney's conduct violated the code of ethics.
Suspension
Power of judicial review
Syllabus
Reprimand or censure
37. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Personal jurisdiction
Hearsay
Challenge for cause
Retreat exception
38. Voluntarily and knowingly subjecting oneself to danger.
Directed verdict
Analogous cases
Assumption of the risk
Arraignment
39. In a case brief - the rule of law applied to the case's specific facts.
Issue
Pinpoint cite
Third-party claim
Damages
40. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Assumption
Reverse
Intellectual Property
Concluding paragraph
41. A computerized database that contains key information about the content of documents - such as medical records.
Mistrial
Personal property
Structured database
Insanity defense
42. A person who initiates a lawsuit.
Substantial capacity test
Plaintiff
Judicial restraint
Substantive law
43. When an appellate court overturns or negates the decision of a lower court.
Reverse
Removal
Statute of limitations
Actual cause
44. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Reverse
On point
Verification
Insanity defense
45. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Transition
Products liability
Appellee or respondent
Statutory element
46. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Subpoena
Clear and convincing
Reverse
On point
47. To perform.
Indictment
Execute
Counterclaim
Arrest
48. Law that deals with harm to an individual.
Comparative negligence
Civil law
Direct evidence
Exclusionary rule
49. 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.
Legal clinic
Preponderance of the evidence
Major premise
Holding
50. 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.
Affirmative defense
Summary jury trials
Intentional tort
Adverse possession