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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 provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Fact
Issue of first impression
Substantial capacity test
2. Monetary compensation - including compensatory - punitive - and nominal damages.
Conflict of interest
Damages
Holding
Contingency Fee
3. The questioning of an opposing witness.
Competency
American Bar Association (ABA) www.abanet.org
Statutes of limitations
Cross-examination
4. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Legal writing
Jurisdiction
Cumulative evidence
Conflict of interest
5. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Personal property
Subpoena duces tecum
Remand
6. A statute that changes the common law.
Exclusive jurisdiction
Subsequent case history
Bill of Rights
Statute in derogation of the common law
7. When an appellate court sends a case back to the trial court for a new trial or other action.
Arbitration
Appellate or petitioner
Remand
Broad holding
8. A request that the court release the defendant because of the illegality of the incarceration.
Reverse
Rules of criminal procedure
Writ of habeas corpus
Warrant
9. The process of properly identifying and authenticating evidence so that it can be introduced.
Real property
Lay a foundation
Shepardizing
Contract
10. Generally accepted legal principles.
National Association of Legal Assistants (NALA) www.nala.org
Black-letter law
Subject matter jurisdiction
Dictum
11. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Best evidence rule
Discovery
Judicial restraint
Search engine
12. The educated ability to apply law to specific facts.
Professional judgment
Recklessness
Code of Federal Regulations (C.F.R.)
Suspension
13. 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.
Retainer agreement
Narrow Holding
Overrule
Motion to require a finding of not guilty
14. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Duress
Exclusive jurisdiction
Implied warranty of habitability
Overrule
15. Law dealing with ownership.
Subpoena duces tecum
Assumption
Judgment proof
Property law
16. The power of a court to hear a case.
Alternative dispute resolution (ADR)
Certified
Bench trial
Jurisdiction
17. Books that contain appellate court decisions. There are both official and unofficial reporters.
Preemption
Deponent
Case reporters
Complaint
18. Liability without having to prove fault.
Class action suit
Evidence
Strict liability
Lexis
19. A form in which statutes are published; they are printed individually at the time they are first enacted.
Reprimand or censure
Slip laws
On all fours
Real Property
20. The power of a court to hear a particular type of case.
Evidence
Lay a foundation
Subject matter jurisdiction
Personal property
21. 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.
Battery
Nolo contendere
Regulation
Prior case history
22. A person who initiates an appeal.
Bail
Appellant or petitioner
Motion
Retainer agreement
23. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Retainer
Judgment notwithstanding the verdict (judgment N.O.V.)
Dictum
Product misuse
24. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Official reporter
Class action suit
Entrapment
Inculpatory evidence
25. 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.
per curium
Defamation
Duress
Strict liability
26. 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.
Cause of action
Rules of criminal procedure
Injunction
Road Map paragraph
27. 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.
Assumption of the risk
Adverse possession
Certified
Plaintiff
28. Broad questions that put few limits on the freedom of the respondent.
Counterclaim
Personal property
Shepardizing
Open Questions
29. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Lay witness
Reversible error
Real or physical evidence
Exigent circumstances
30. When more than one court has jurisdiction to hear a case.
Contingency fee
Concurrent jurisdiction
Concurring opinion
Case reporters
31. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Clear and convincing
Entrapment
Implied warranty of habitability
Concurring opinion
32. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
American Bar Association (ABA) www.abanet.org
Legal services offices
Appellant or petitioner
Duress
33. An opinion that disagrees with the majority's decision and its reasoning.
Dissenting opinion
Billable hours
Entrapment
Testimonial evidence
34. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Property
Holding
Judicial review
Legal fiction
35. 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.
Grand jury
Full-text database
Defamation
Enabling act
36. A right to use property owned by another for a limited purpose.
Personal property
Easement
Miranda warnings
Lay witness
37. The new legal principle established by a court opinion.
Interrogatories
Eminent Domain
Pretrial motion
Holding
38. When an appellate court that normally sits in panels sits as a whole.
Digest
Road Map paragraph
En banc
Regulation
39. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Negligence
Legislative history
Legal Research
Pleading in the alternative
40. A business run by two or more persons as co-owners.
Legal malpractice
Attorney-client privilege
Partnership
Citing case
41. A defendant's personal promise to appear in court.
Negligence per se
Personal recognizance bond
Substantive facts
Nominal damages
42. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Guardian
Punitive damages
Practice of law
Treatment
43. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Nominal damages
Reversible error
Respondeat superior
44. 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
Assumption of the risk
Popular name table
Liberal construction
Equity
45. Not factually true - but accepted by the courts as being legally true.
Constructive
Notice
Exculpatory evidence
Double jeopardy
46. A national association of paralegal managers.
Broad holding
Personal property
International Paralegal Management Association (IPMA) www.paralegal management.org
Removal
47. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Assault
Arrest
Remedial statute
Contingency Fee
48. Federal and state rules that regulate how criminal proceedings are conducted.
Legal malpractice
Personal property
Rules of criminal procedure
Confidentiality
49. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Trial courts
Preponderance of the evidence
Arrest
50. Evidence that does not add any new information but that confirms facts that already have been established.
Strict liability
Prior case history
Constructive
Cumulative evidence