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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. Evidence that does not add any new information but that confirms facts that already have been established.
Fact
Actus rea
Cumulative evidence
Writ of habeas corpus
2. 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.
Proving a case within a case
Statutes of limitations
Eminent Domain
Personal property
3. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Count
Pretrial motion
Exclusionary rule
Interrogatories
4. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Headnote
False imprisonment
Constructive
5. Bad act.
Counterclaim
Pinpoint cite
Westlaw
Actus rea
6. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Subsequent case history
Legal malpractice
Equity
Civil law
7. 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).
Substantive law
Evidence
Constructive eviction
Joint tenancy
8. 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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9. The power of a court to hear a case.
Administrative law
Jurisdiction
Black-letter law
Property law
10. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Retreat exception
Valid
Westlaw
Void for vagueness
11. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Legal malpractice
Model Rules of Professional Conduct
Attorney-client privilege
Real or physical evidence
12. 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.
Tenancy by the entirety
U.S. Supreme Court
Disbarment
Clear and convincing
13. The judge informs the jurors of the law they need to know to make their decision.
Stare decisis
Exclusive jurisdiction
Charging the jury
Regulation
14. The person who is being asked questions at a deposition.
Shepardizing
Bailment
Preponderance of the evidence
Deponent
15. A calendering system that records key dates and important deadlines.
U.S. Court of Appeals
Tickler System
Actual cause
Respondeat superior
16. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Constructive
Remedial statute
Mistrial
Rule
17. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Rule
Entrapment
Concurrent conflict of interest
18. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Model Rules of Professional Conduct
Relevancy
Attorney-client privilege
Exculpatory clause
19. A form in which statutes are published; they are printed individually at the time they are first enacted.
Active Listening
Lay witness
Slip laws
Rule
20. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Quiet enjoyment
Comparative negligence
Writ of execution
Freelance Paralegal
21. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
En banc
Removal
Citation
Full-text searches
22. Voluntarily and knowingly subjecting oneself to danger.
Professional judgment
Principle
Case citation
Assumption of the risk
23. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Judicial notice
Notice pleading
Writ of certiorari
Partnership
24. A national voluntary organization of lawyers.
Remand
Case citation
American Bar Association (ABA) www.abanet.org
Beyond a reasonable doubt
25. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Leading question
Ejusdem generis
Competency
Cross-claim
26. Questions relating to the interpretation or application of the law.
Ethical wall or screen or cone of silence
Questions of law
Jurisdiction
Primary authority
27. 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.
Codification
Directed verdict
Proving a case within a case
Respondeat superior
28. A person who permits or directs another person to act on the principal's behalf.
Secondary authority
Ejusdem generis
Principle
False imprisonment
29. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Reversible error
Legal fiction
Legal Research
Standing
30. Also known as real estate; land and items growing on or permanently attached to that land.
Consideration
Remand
Real Property
Direct evidence
31. A requirement that a party fulfill his or her contractual obligations.
Judicial restraint
Motion
Answer
Specific performance
32. The tort theory that an employer can be sued for the negligent acts of its employees.
Headnote
Respondeat superior
Loislaw
Lay advocate
33. A court order authorizing a sheriff to take property in order to enforce a judgment.
Verification
Writ of execution
Substantive facts
Retainer
34. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Self-defense
Lay witness
Bench trial
Common law
35. Liability without a showing of fault.
Strict liability
Negligence
Statute
Remand
36. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Alternative dispute resolution (ADR)
Real Property
Prior case history
Lexis
37. 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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38. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Preemption
Legal technician
Civil law
39. The chronological publication of statutes at the end of a legislative session.
Citing case
Confidentiality
Hypertext links
Statutes at large or session laws
40. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Peremptory challenge
Guardian
Administrative law
41. A defense whereby the defendant offers new evidence to avoid judgment.
Compulsory joinder
Affirmative defense
Court of record
General jurisdiction
42. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
En banc
Contingency Fee
Defendant
Certified
43. When only one court has the power to hear a case.
U.S. Court of Appeals
Legal clinic
Exclusive jurisdiction
Overrule
44. 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.
Tenancy in common
Assault
Comparative negligence
Irresistible impulse test
45. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Cause of action
Pretrial motion
Statute of limitations
Service
46. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Minimum contacts
Overbreadth
Exigent circumstances
47. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Pattern jury instructions
Directed verdict
Practice of law
Restatement of the Law of Torts - Second
48. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Transition
Miranda warnings
Probable cause
Criminal law
49. When more than one court has jurisdiction to hear a case.
Hourly rate
Rule 56 motion (summary judgment motion)
Concurrent jurisdiction
Self-defense
50. A determination that an attorney may not practice law for a set period of time.
Exclusive jurisdiction
International Paralegal Management Association (IPMA) www.paralegal management.org
Suspension
Voir dire