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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 constitutional protection against being tried twice for the same crime.
Code of Federal Regulations (C.F.R.)
Double jeopardy
Concurrent conflict of interest
Assumption of the risk
2. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Valid
Westlaw
Vicarious representation
Bailment
3. A trial conducted without a jury.
Bench trial
Regulation
Assumption of the risk
Punitive damages
4. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Nominal damages
Active Listening
Caption
Transition
5. A witness who has not been shown to have any special expertise.
Conflict of interest
Battered woman's or spouse's syndrome
Lay witness
Remand
6. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Questions of fact
Practice of law
Documentary evidence
7. 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.
Federalism
Minimum contacts
Broad holding
Lay witness
8. A request that the court release the defendant because of the illegality of the incarceration.
Battery
Principle
Writ of habeas corpus
Cause of action
9. An issue that the court has never faced before.
U.S. Supreme Court
Open Questions
Issue of first impression
Successive conflict of interest
10. Information that can be presented in a court of law as proof of some fact.
Punitive damages
Evidence
Tickler System
Pleading in the alternative
11. The result reached in a particular case.
Disposition
Statutes of limitations
Directed verdict
Civil law
12. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Judicial notice
Professional Corporation (PC)
Distinguishable cases
Invasion of Privacy
13. In a case brief - facts that deal with what happened to the parties before the litigation began.
Substantive facts
Procedural facts
Defendant
Concurring opinion
14. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Authentication
Prima facie case
Battered woman's or spouse's syndrome
Duress
15. 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.
Bench trial
Cross-examination
Bail
Federalism
16. Rules of conduct promulgated and enforced by the government.
Intentional tort
Laws
Ethical wall or screen or cone of silence
Fixed Fee
17. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Major premise
Constructive eviction
Freelance Paralegal
Citation
18. A defense whereby the defendant offers new evidence to avoid judgment.
No-knock warrant
Affirmative defense
Motion to require a finding of not guilty
Third-party claim
19. The power of the federal courts to hear matters of federal law.
Assumption
Personal recognizance bond
Booking
Federal question jurisdiction
20. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Statute in derogation of the common law
Restrictive covenant
Minimum contacts
Notice pleading
21. A judicial philosophy that supports an active role for the judiciary in changing the law.
Personal jurisdiction
Judicial activism
Negligence
Holding
22. To perform.
Holding
Execute
Beyond a reasonable doubt
Motion in limine
23. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
U.S. Court of Appeals
Citing case
Subsequent case history
Limited liability partnership (LLP)
24. An advance or down payment that is given to engage the services of an attorney.
Retainer
Affirmative defense
Tenancy by the entirety
Ethical wall or screen or cone of silence
25. A defense requiring proof that the defendant was not mentally responsible.
Holding
Inculpatory evidence
Insanity defense
Analogous cases
26. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
On all fours
Pinpoint cite
Insanity defense
Case citation
27. '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.
Recklessness
Invasion of Privacy
Res ipsa loquitur
Standing
28. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Lay witness
Proving a case within a case
Comparative negligence
Statute in derogation of the common law
29. 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.
Statute
Adverse possession
Legal clinic
Leading question
30. The reference to a particular page within an opinion.
Open Questions
Appellate brief
Pinpoint cite
General jurisdiction
31. An opinion in which a majority of the court joins.
Disposition
Invasion of Privacy
Majority opinion
Partnership
32. A set charge for a specific service - such as drafting a simple will.
Battery
Bench trial
Real or physical evidence
Fixed Fee
33. All property that is not real property.
Personal property
Answer
Issue
Minor premise
34. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Contingency Fee
Exculpatory evidence
Statutory element
35. The chronological publication of statutes at the end of a legislative session.
Codification of the common law
Defamation
Comparative negligence
Statutes at large or session laws
36. Simultaneously representing adverse clients.
Motion for a new trial
Concurrent conflict of interest
Recklessness
Warrant
37. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Analogous cases
Exculpatory evidence
Potential conflict
Prior case history
38. 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.
Circumstantial evidence
Subpoena duces tecum
Broad holding
Competency
39. A court's power to hear only specialized cases.
Attorney-client privilege
Code
Trial courts
Limited jurisdiction
40. A bank account used to hold money belonging to the client or to a third party.
Narrow Holding
Assault
Plain view doctrine
Client trust account
41. The rule requiring that the original document be produced at trial.
Standing
Best evidence rule
Appellate or petitioner
Recklessness
42. Law that deals with harm to society as a whole.
Criminal law
Double jeopardy
Best evidence rule
Appellate courts
43. 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.
Summary jury trials
Motion to require a finding of not guilty
Entrapment
Majority opinion
44. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Real or physical evidence
Power of judicial review
Full-text searches
Cause of action
45. A canon of construction meaning 'of the same class.:
Full-text searches
Ejusdem generis
Negligence per se
Voir dire
46. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Common law
Negligence per se
12(b)(6) motion
Diversity jurisdiction
47. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Freelance Paralegal
Reverse
Administrative law
Road Map paragraph
48. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Entrapment
Mens rea
Major premise
Writ of certiorari
49. A constitutional protection against being tried twice for the same crime.
Rule
Double jeopardy
Mistrial
Strict liability
50. When an appellate court overturns or negates the decision of a lower court.
Reverse
Deductive reasoning
Codification
Clear and convincing