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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. Money is awarded to a plaintiff in payment for his or her actual losses.
Real or physical evidence
Complaint
Joint tenancy
Compensatory damages
2. 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.
Reasonable suspicion
No-knock warrant
Summary jury trials
Clear and convincing
3. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Unofficial reporter
Notice pleading
Duress
Full-text searches
4. The reference to a particular page within an opinion.
Pinpoint cite
Indictment
Jurisdiction
Duress
5. 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
Substantive facts
Subject matter jurisdiction
Adverse possession
6. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Statute
Unauthorized practice of law
Standing
7. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Legal services offices
Subject matter jurisdiction
Plain meaning
Judicial notice
8. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Secondary authority
On point
Reverse
Product misuse
9. A court opinion that establishes new law in an important area.
Plaintiff
Pattern jury instructions
Landmark decision
Appellate courts
10. Any tangible object - like a bloody glove.
Execute
Real or physical evidence
Retainer
Minor premise
11. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Legal clinic
Exculpatory evidence
On all fours
Comparative negligence
12. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Limited liability partnership (LLP)
Potential conflict
Clear and convincing
Broad holding
13. A person who initiates an appeal.
Prima facie case
Appellant or petitioner
Bill of Rights
Unofficial reporter
14. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Disposition
Verdict
Federalism
Bailment
15. Evidence that is derived from an illegal search or interrogation is inadmissible.
Verification
Evidence
Leading question
Fruit of the poisonous tree doctrine
16. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Common law
Subsequent case history
Double jeopardy
Bailment
17. An opinion that disagrees with the majority's decision and its reasoning.
Unauthorized practice of law
Dissenting opinion
Intentional tort
Verification
18. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Freelance Paralegal
Double jeopardy
Negligence per se
19. When only one court has the power to hear a case.
Broad holding
Mediation
Exclusive jurisdiction
Intellectual Property
20. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Real or physical evidence
Remand
Statute in derogation of the common law
Unauthorized practice of law
21. The power of a court to force a person to appear before it.
Negligence
Personal jurisdiction
Intentional tort
Federal question jurisdiction
22. A statute that changes the common law.
Statute in derogation of the common law
Authentication
Federalism
Digest
23. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Specific performance
Pleading in the alternative
Subpoena
Attorney-client privilege
24. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Legislative intent
Circumstantial evidence
Defendant
Issue
25. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Res ipsa loquitur
Legal clinic
Appellate brief
26. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Appellee or respondent
Evidence
Secondary authority
27. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Appellate brief
Clearly erroneous
12(b)(6) motion
Guardian
28. A request that the court order that certain information not be mentioned in the presence of the jury.
Tenancy in common
Charging the jury
Respondeat superior
Motion in limine
29. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
Case citation
Legal Research
Motion for a new trial
30. Representing someone who is in a position adverse to a prior client.
Legal malpractice
Double jeopardy
Notice
Successive conflict of interest
31. The person who is being asked questions at a deposition.
Deponent
Reverse
Appellate or petitioner
Canons of construction
32. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Codification of the common law
Cross-examination
Legal Reasoning
Judicial review
33. To perform.
Execute
Pattern jury instructions
Booking
Substantive facts
34. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Partnership
Constructive eviction
Judgment
Complaint
35. A court's power to hear only specialized cases.
Judgment notwithstanding the verdict (judgment N.O.V.)
Quiet enjoyment
Citation
Limited jurisdiction
36. Written questions sent by one side to the opposing side - answered under oath.
Warrant
Rules of criminal procedure
Deposition
Interrogatories
37. When a higher court agrees with what lower court has done.
Intellectual Property
Legal fiction
Persuasive authority
Affirm
38. A witness who has not been shown to have any special expertise.
False imprisonment
Lay witness
Minor premise
Comparative negligence
39. A defense requiring proof that the defendant was not mentally responsible.
Testimonial evidence
Liberal construction
Citation
Insanity defense
40. A request that the court prohibit the use of certain evidence at the trial.
Judgment notwithstanding the verdict (judgment N.O.V.)
Arrest
Motion to suppress
Default judgment
41. The result reached in a particular case.
Major premise
Disposition
Loislaw
Citation
42. The pleading that begins a lawsuit.
Request for admissions
Writ of habeas corpus
Complaint
Discovery
43. General principles that guide the courts in their interpretation of statutes.
Pinpoint cite
Booking
Concurring opinion
Canons of construction
44. 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.
Major premise
Court of record
On all fours
Cause of action
45. Law dealing with ownership.
Mens rea
Westlaw
Property law
Direct evidence
46. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Treatment
Limited liability partnership (LLP)
Reversible error
Arrest
47. 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
Stop and frisk
Guardian
Hearsay
48. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Motion to require a finding of not guilty
Retainer agreement
Real Property
49. 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
Motion to require a finding of not guilty
Diversity jurisdiction
M'Naghten test
Specific performance
50. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Appellate brief
Cross-examination
Consideration
Reprimand or censure