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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 request made to the court.
Vicarious representation
Concurrent jurisdiction
Motion
Distinguishable cases
2. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Defamation
Statutory element
Jurisdiction
3. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Exclusive jurisdiction
Deductive reasoning
Summary jury trials
Relevancy
4. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Jurisdiction
Standing
Lay advocate
5. A trial conducted without a jury.
National Association of Legal Assistants (NALA) www.nala.org
Landmark decision
Bench trial
Paralegal
6. A court's power to hear only specialized cases.
Legal clinic
Strict construction
Limited jurisdiction
Irresistible impulse test
7. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Reversible error
Strict liability
Bail
Road Map paragraph
8. A special type of joint tenancy applicable only to married couples.
Retreat exception
Professional judgment
Writ of habeas corpus
Tenancy by the entirety
9. A book that contains court opinion headnotes arranged by subject matter.
Harmless error
Partnership
Digest
Warrant
10. A bank account used to hold money belonging to the client or to a third party.
Issue
Cross-examination
Client trust account
Direct examination
11. In a case brief - facts that deal with what happened to the parties before the litigation began.
Syllabus
Original jurisdiction
Substantive facts
Restatement of the Law of Torts - Second
12. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Narrow Holding
Preponderance of the evidence
Court of record
Relevancy
13. An opinion in which a majority of the court joins.
Easement
Appellate courts
Counterclaim
Majority opinion
14. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Cross-examination
Shepardizing
Full-text database
Equity
15. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Arraignment
Successive conflict of interest
Disbarment
Verification
16. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Quiet enjoyment
On all fours
Legislative history
Legal services offices
17. A statute establishing and setting out the powers of an administrative agency.
Discovery
Enabling act
Broad holding
Doctrine of implied powers
18. 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).
Caption
Joint tenancy
Contract
Legislative intent
19. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Reverse
Retreat exception
Hypertext links
Ejusdem generis
20. An approach whereby the courts give a statute a narrow interpretation.
Subpoena
Writ of certiorari
Issue
Strict construction
21. 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
Exclusionary rule
Strict construction
Equity
Broad holding
22. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Clearly erroneous
Defamation
Quiet enjoyment
Tenancy in common
23. 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.
Intentional tort
Disbarment
Standing
Overrule
24. Standard used by appellate courts when reviewing a trial court's findings of fact.
Federalism
Clearly erroneous
Issue
Evidence
25. Being informed of some act done or about to be done.
Legislative history
Equity
Notice
Concluding paragraph
26. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Legal technician
Punitive damages
Cross-examination
Double jeopardy
27. When an appellate court that normally sits in panels sits as a whole.
En banc
Distinguishable cases
Miranda warnings
Retainer agreement
28. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Inculpatory evidence
Entrapment
Procedural law
29. Rules of conduct promulgated and enforced by the government.
Pleading in the alternative
Answer
Laws
Property law
30. Land and objects permanently attached to land.
Assumption of the risk
Real property
Appellee or respondent
Original jurisdiction
31. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Federal question jurisdiction
Joint tenancy
Certified
Remedial statute
32. Without the need for a warrant - the police may seize objects that are openly visible.
Citing case
Plain view doctrine
Res ipsa loquitur
Common law
33. Voluntarily and knowingly subjecting oneself to danger.
Popular name table
Assumption of the risk
Reverse
Transition
34. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Plain view doctrine
Removal
Pretrial motion
Challenge for cause
35. A person who initiates an appeal.
Overbreadth
Exhaustion of administrative remedies
Annotated statutes
Appellant or petitioner
36. A request that the court order that certain information not be mentioned in the presence of the jury.
Lay advocate
Evidence
Motion in limine
Tort law
37. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Writ of habeas corpus
Products liability
Official reporter
Doctrine of implied powers
38. Cases that involve similar facts and rules of law.
Analogous cases
Codification
Personal jurisdiction
Evidence
39. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Appellee or respondent
Clear and convincing
Negligence per se
40. Also known as real estate; land and items growing on or permanently attached to that land.
Issue
Real Property
Statutes at large or session laws
Plain meaning
41. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Motion for a new trial
Transition
Legal Reasoning
Conflict of interest
42. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Plain meaning
Search engine
Counterclaim
Direct evidence
43. The power of the federal courts to hear matters of federal law.
Limited liability partnership (LLP)
Federal question jurisdiction
Paralegal
Pattern jury instructions
44. The rule requiring that the original document be produced at trial.
Nolo contendere
Best evidence rule
Overrule
Legislative history
45. Federal and state rules that govern the admissibility of evidence in court.
Headnote
Concurrent conflict of interest
Rules of criminal procedure
Rules of evidence
46. Monetary compensation - including compensatory - punitive - and nominal damages.
Lay witness
Damages
No-knock warrant
Fact
47. The justified use of force to protect oneself or others.
Self-defense
Grand jury
Rules of criminal procedure
Arraignment
48. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Client trust account
Reversible error
Digest
49. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Remand
Mens rea
Reverse
Authentication
50. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Substantive law
Internet
Citing case