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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. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Tenancy in common
Potential conflict
Necessity
Proximate cause
2. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Annotated statutes
Retainer
Charging the jury
Prior case history
3. 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.
Harmless error
Minimum contacts
Legal services offices
On point
4. A determination that an attorney may not practice law for a set period of time.
Constitutional law
Nominal damages
Suspension
Caption
5. An advance or down payment that is given to engage the services of an attorney.
Contract
Power of judicial review
Retainer
Dissenting opinion
6. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Disposition
Verification
Subject matter jurisdiction
Invasion of Privacy
7. The power of the federal courts to hear matters of federal law.
Recklessness
Concluding paragraph
Intellectual Property
Federal question jurisdiction
8. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Inculpatory evidence
Assault
Retreat exception
Judicial restraint
9. The requirement that relief be sought from an administrative agency before proceeding to court.
Concluding paragraph
Exhaustion of administrative remedies
Doctrine of implied powers
Assumption of the risk
10. 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.
General jurisdiction
Third-party claim
Alternative dispute resolution (ADR)
Major premise
11. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Dismissal with prejudice
Deductive reasoning
Rules of evidence
Plaintiff
12. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Leading question
Affirmative defense
Citation
Motion to require a finding of not guilty
13. A set of standardized jury instructions.
Judicial notice
Expert witness
Pattern jury instructions
Challenge for cause
14. 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.
No-knock warrant
Negligence per se
Evidence
Exclusionary rule
15. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
On point
Minor premise
Adverse possession
Property
16. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Westlaw
Guardian
Citing case
Competency
17. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Exculpatory evidence
Reverse
Syllabus
Quiet enjoyment
18. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Trial courts
Exculpatory clause
Relevancy
Comparative negligence
19. A trial court error that is not sufficient to warrant reversing the decision.
Reversible error
Harmless error
Third-party claim
Punitive damages
20. The publication of false statements that harm a person's reputation.
Cross-claim
Questions of fact
Defamation
Exculpatory evidence
21. A special type of joint tenancy applicable only to married couples.
Closed Questions
Substantive law
Tenancy by the entirety
Guardian
22. A request that the court order that certain information not be mentioned in the presence of the jury.
Bench trial
Limited liability partnership (LLP)
Motion in limine
Restrictive covenant
23. Liability without having to prove fault.
Strict liability
Persuasive authority
Writ of execution
Challenge for cause
24. A summary of one legal point in a court opinion; written by the editors at West.
Unofficial reporter
Headnote
U.S. Court of Appeals
Questions of fact
25. All property that is not real property.
Personal property
Judicial restraint
Subsequent case history
Vicarious representation
26. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Beyond a reasonable doubt
Procedural law
Motion to require a finding of not guilty
27. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Stop and frisk
Testimonial evidence
Citation
28. Establishes a direct link to the event that must be proven.
12(b)(6) motion
Strict liability
Appellate brief
Direct evidence
29. 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.
Counterclaim
Insanity defense
Subsequent case history
Real Property
30. The process of organizing statutes by subject matter.
Subject matter jurisdiction
Codification
Disposition
Indictment
31. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Lay witness
Court of record
Dismissal with prejudice
Consideration
32. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Contributory negligence
Procedural law
Complaint
33. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Jurisdiction
Substantive law
Judicial restraint
34. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Statutory element
Intentional tort
Pattern jury instructions
35. The rules whereby all members of a law firm are treated as though they had represented the former client.
Open Questions
Vicarious representation
Necessity
Partnership
36. 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).
Joint tenancy
Duress
No-knock warrant
Cross-examination
37. The power of a court to force a person to appear before it.
Personal jurisdiction
Writ of execution
Class action suit
Personal recognizance bond
38. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Affirmative defense
Alternative dispute resolution (ADR)
Void for vagueness
Adverse possession
39. Federal and state rules that regulate how criminal proceedings are conducted.
Motion to require a finding of not guilty
False imprisonment
Rules of criminal procedure
Narrow Holding
40. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Plain view doctrine
Transition
Actual cause
Closed Questions
41. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Lay witness
Comparative negligence
Personal property
42. 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.
Syllabus
Nolo contendere
Federalism
Voir dire
43. Without the need for a warrant - the police may seize objects that are openly visible.
Hearsay
Plain view doctrine
U.S. Supreme Court
Bill of Rights
44. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Unauthorized practice of law
Appellant or petitioner
Reverse
Full-text searches
45. The reference to a particular page within an opinion.
Pinpoint cite
Federal question jurisdiction
Equity
Insanity defense
46. Information about the law - such as that contained in encyclopedias and law review articles.
Battered woman's or spouse's syndrome
Bailment
Secondary authority
Cross-examination
47. The process of finding the law.
Citation
Legal Research
Contributory negligence
Circumstantial evidence
48. When the defendant does not have sufficient money or other assets to pay the judgment.
Product misuse
Authentication
Judgment proof
Lay a foundation
49. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Rule
Duress
Official reporter
50. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Void for vagueness
Personal jurisdiction
Fact