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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 court's prior permission for the police to search and seize.
Warrant
Certificated
Reasonable suspicion
Substantive facts
2. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Restatement of the Law of Torts - Second
Freelance Paralegal
Authentication
Exculpatory clause
3. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Issue
False imprisonment
Void for vagueness
4. Cases that involve different facts and/or rules of law.
Holding
Distinguishable cases
Lay witness
Plea bargaining
5. The status of having received a certificate documenting that the person has successfully completed an educational program.
Code of Federal Regulations (C.F.R.)
Entrapment
Clear and convincing
Certificated
6. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Citation
Reverse
Legal Research
7. The failure to act reasonably under the circumstances.
Contributory negligence
Affirm
Negligence
Suspension
8. Law that creates rights and duties.
U.S. Court of Appeals
Federalism
Negligence
Substantive law
9. A tangible object or a right or ownership interest.
Hourly rate
Property
Nolo contendere
Subpoena
10. Occurs when the police restrain a person's freedom and charge the person with a crime.
Ejusdem generis
Specific performance
Arrest
Adverse possession
11. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Limited jurisdiction
Equity
Proximate cause
12. General principles that guide the courts in their interpretation of statutes.
Removal
Injunction
Canons of construction
Discovery
13. 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.
Answer
Assault
Cause of action
Real or physical evidence
14. An opinion that disagrees with the majority's decision and reasoning.
Judicial restraint
Dissenting opinion
Direct examination
Void for vagueness
15. In a case brief - the general legal principle in existence before the case began.
Headnote
Subsequent case history
Rule
Confidentiality
16. 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.
Notice
Defamation
Restatement of the Law of Torts - Second
Pinpoint cite
17. Evidence that supports previous testimony but that comes in a different form.
Client trust account
Motion
Procedural facts
Corroborative evidence
18. Monetary compensation - including compensatory - punitive - and nominal damages.
Plea bargaining
Damages
Disbarment
Summons
19. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Exclusionary rule
Writ of certiorari
Equity
Narrow Holding
20. Law that deals with harm to society as a whole.
Intentional tort
Federal question jurisdiction
Criminal law
Constructive
21. The pretrial oral questioning of a witness under oath.
Deposition
Indictment
Pleadings
Product misuse
22. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Loislaw
Potential conflict
Assumption of the risk
Hypertext links
23. When an appellate court overturns or negates the decision of a lower court.
Mediation
Secondary authority
Concluding paragraph
Reverse
24. 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.
Clear and convincing
Motion for a new trial
False imprisonment
Legal writing
25. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Holding
Verification
Distinguishable cases
26. Courts that determine whether lower courts have made errors of law.
Judicial activism
Appellate courts
Exigent circumstances
Tenancy in common
27. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Persuasive authority
Substantive law
12(b)(6) motion
Leading questions
28. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Overbreadth
Bailment
Registration
False imprisonment
29. Violation of a statute as proof of negligence
Negligence per se
Statute
Harmless error
Restatement of the Law of Torts - Second
30. The rule requiring that the original document be produced at trial.
Best evidence rule
Professional Corporation (PC)
Double jeopardy
Deposition
31. In a case brief - the rule of law applied to the case's specific facts.
Civil law
Deposition
Appellee or respondent
Issue
32. 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.
Major premise
Professional Corporation (PC)
Execute
National Federation of Paralegal Associations (NFPA) www.paralegals.org
33. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Judicial notice
Attorney-client privilege
Official reporter
Respondeat superior
34. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Issue
Diversity jurisdiction
Conflict of interest
Stare decisis
35. The reference to a particular page within an opinion.
False imprisonment
Prima facie case
Pinpoint cite
Affirmative defense
36. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
On point
Judgment
Pocket part
Reverse
37. 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.
Distinguishable cases
Assumption of the risk
Adverse possession
12(b)(6) motion
38. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Concluding paragraph
Legal Reasoning
Actus rea
Leading questions
39. Any tangible object - like a bloody glove.
Direct examination
Defamation
Real or physical evidence
per curium
40. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Official reporter
Contributory negligence
Implied warranty of habitability
Product misuse
41. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Lay witness
Headnote
Nominal damages
Entrapment
42. All property that is not real property.
Personal property
Model Rules of Professional Conduct
Persuasive authority
Circumstantial evidence
43. 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.
Fixed Fee
Real property
Statutes at large or session laws
Narrow Holding
44. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Persuasive authority
Client trust account
Arraignment
Pretrial motion
45. 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.
Shepardizing
Federalism
Contingency Fee
Intentional tort
46. A compilation of federal administrative regulations arranged by agency.
Harmless error
Code of Federal Regulations (C.F.R.)
Rule
Analogous cases
47. 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.
No-knock warrant
Grand jury
Constructive eviction
Appellant or petitioner
48. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Beyond a reasonable doubt
Legal clinic
Verdict
Voir dire
49. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Open Questions
Voir dire
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Easement
50. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Retainer
Negligence per se
Constructive eviction
Vicarious representation