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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. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Strict liability
Certified
Specific performance
Lay a foundation
2. The power of a court to hear a case.
Assumption of the risk
Jurisdiction
Complaint
Motion to suppress
3. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Billable hours
Potential conflict
Battered woman's or spouse's syndrome
Constructive
4. Broad questions that put few limits on the freedom of the respondent.
Substantive law
American Bar Association (ABA) www.abanet.org
Open Questions
Documentary evidence
5. Including more than one count in a complaint; the counts do not need to be consistent.
No-knock warrant
Motion
Bill of Rights
Pleading in the alternative
6. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
On point
Primary authority
Restrictive covenant
7. Generally - an emergency situation that allows a search to proceed without a warrant.
Exigent circumstances
Dismissal with prejudice
Competency
Majority opinion
8. Questions relating to what happened: who - what - when - where - and how.
Overrule
Questions of fact
Retreat exception
Persuasive authority
9. Specific questions that usually demand very short or yes-no answers.
Ethical wall or screen or cone of silence
False imprisonment
Closed Questions
Stare decisis
10. The rules whereby all members of a law firm are treated as though they had represented the former client.
Caption
Digest
Vicarious representation
Model Rules of Professional Conduct
11. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Statutes of limitations
Pretrial motion
Adverse possession
Arraignment
12. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Deposition
Practice of law
Deductive reasoning
Booking
13. A court's prior permission for the police to search and seize.
Exhaustion of administrative remedies
Products liability
Valid
Warrant
14. The questioning of your own witness.
Minor premise
Direct examination
Majority opinion
Shepardizing
15. The power of a court to force a person to appear before it.
Personal jurisdiction
Consideration
Mediation
Structured database
16. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Bail
U.S. Court of Appeals
Products liability
17. When more than one court has jurisdiction to hear a case.
Service
Concurrent jurisdiction
Direct evidence
Answer
18. A calendering system that records key dates and important deadlines.
American Bar Association (ABA) www.abanet.org
Tickler System
Pattern jury instructions
Pocket part
19. 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.
Double jeopardy
Federalism
Strict liability
Power of judicial review
20. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Judicial review
Probable cause
Complaint
21. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
American Bar Association (ABA) www.abanet.org
Directed verdict
Writ of certiorari
Primary authority
22. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Notice pleading
Attorney-client privilege
Ejusdem generis
Double jeopardy
23. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Holding
Judicial review
Nominal damages
24. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Pretrial motion
Quiet enjoyment
Issue of first impression
Pretrial conference
25. An actual incident or condition; not a legal consequence.
Fact
Mens rea
Statute of limitations
Actual cause
26. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Subpoena
Battered woman's or spouse's syndrome
Mediation
27. Questions that suggest the answer.
Leading questions
Overrule
Dissenting opinion
Laws
28. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Disbarment
Product misuse
Lay witness
29. 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.
Appellate brief
Billable hours
Dismissal with prejudice
Summary jury trials
30. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Res ipsa loquitur
Concluding paragraph
Federalism
Bail
31. A claim by the defendant against the plaintiff.
Concurring opinion
Counterclaim
Transition
Substantive law
32. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Contributory negligence
Limited jurisdiction
Popular name table
Cross-claim
33. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Bench trial
Lay witness
Holding
Motion for a new trial
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
Treatment
Search engine
Secondary authority
Stare decisis
35. Any tangible object - like a bloody glove.
Caption
Real or physical evidence
Writ of certiorari
Ethical wall or screen or cone of silence
36. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Reversible error
Stop and frisk
Narrow Holding
37. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Actual cause
Overrule
Stare decisis
Materiality
38. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Bail
Interrogatories
Search engine
Class action suit
39. The power of government to take private property for public purposes.
Motion
Eminent Domain
Primary authority
Dictum
40. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Exhaustion of administrative remedies
Successive conflict of interest
Doctrine of implied powers
41. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Deposition
Distinguishable cases
Legal clinic
42. Occurs when the police restrain a person's freedom and charge the person with a crime.
Rules of criminal procedure
Arrest
Consideration
Plea bargaining
43. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Issue
Certificated
Irresistible impulse test
Retainer
44. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Request for admissions
Holding
Criminal law
Rule 56 motion (summary judgment motion)
45. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Strict construction
Irresistible impulse test
Pocket part
46. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Overrule
Statutes of limitations
Black-letter law
Compulsory joinder
47. A witness who has not been shown to have any special expertise.
Code
Lay witness
Pleading in the alternative
Strict construction
48. A defense whereby the defendant offers new evidence to avoid judgment.
Defendant
U.S. district courts
Entrapment
Affirmative defense
49. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Comparative negligence
Rules of criminal procedure
Products liability
Writ of certiorari
50. Cases that involve different facts and/or rules of law.
Shepardizing
Distinguishable cases
Verdict
Practice of law