SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Concurring opinion
Inculpatory evidence
Constitutional law
Comparative negligence
2. A request that the court release the defendant because of the illegality of the incarceration.
Product misuse
Testimonial evidence
Derogation of the common law
Writ of habeas corpus
3. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Contract
Contingency fee
Freelance Paralegal
4. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Suspension
Codification
Negligence per se
5. A court order requiring a party to perform a specific act or to cease doing a specific act.
Injunction
Answer
Discovery
Damages
6. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Ethical wall or screen or cone of silence
Treatment
Exclusionary rule
Summons
7. 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.
Contingency Fee
No-knock warrant
Guardian
Dissenting opinion
8. An opinion that agrees with the majority's result but disagrees with its reasoning.
Laws
Concurring opinion
Shepardizing
Partnership
9. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Lay advocate
Best evidence rule
Unofficial reporter
10. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Verification
Stare decisis
Motion
11. Disregarding a substantial and unjustifiable risk that harm will result.
Overrule
Judicial notice
Recklessness
Attorney-client privilege
12. The publication of false statements that harm a person's reputation.
Defamation
Digest
Caption
Remand
13. Summary of one legal point in a court opinion; written by the editors at West.
Separation of powers
Equity
Headnote
Procedural facts
14. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Harmless error
Inculpatory evidence
Valid
Damages
15. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Affirmative defense
Relevancy
Mediation
16. Not factually true - but accepted by the courts as being legally true.
Constructive
Certified
Rules of criminal procedure
Battered woman's or spouse's syndrome
17. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Criminal law
Assault
Liberal construction
Lexis
18. A person who permits or directs another person to act on the principal's behalf.
Motion to require a finding of not guilty
Principle
Reverse
Affirm
19. A repeat offender; one who continues to commit more crimes.
Concurring opinion
Persuasive authority
Recidivist
Actual cause
20. The educated ability to apply law to specific facts.
Treatment
Professional judgment
Broad holding
Code of Federal Regulations (C.F.R.)
21. 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.
Assumption of the risk
Summons
Persuasive authority
12(b)(6) motion
22. An approach whereby the courts give a statute a broad interpretation.
Guardian
Overbreadth
Liberal construction
Disbarment
23. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Beyond a reasonable doubt
Negligence per se
Removal
Lay a foundation
24. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
National Federation of Paralegal Associations (NFPA) www.paralegals.org
International Paralegal Management Association (IPMA) www.paralegal management.org
Federal question jurisdiction
25. An approach whereby the courts give a statute a narrow interpretation.
Mens rea
Cumulative evidence
Strict construction
Case reporters
26. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Transition
Personal jurisdiction
Rules of evidence
Hourly rate
27. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Affirmative defense
Direct evidence
Judicial notice
Notice
28. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Invasion of Privacy
Common law
Majority opinion
29. A form in which statutes are published; they are printed individually at the time they are first enacted.
Preemption
Slip laws
Appellate or petitioner
Concurrent conflict of interest
30. Bad act.
Motion for a new trial
Lay witness
Legal writing
Actus rea
31. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
U.S. Court of Appeals
Real or physical evidence
Direct examination
32. The party in a case who has initiated an appeal.
Slip laws
Adverse possession
Appellate or petitioner
Narrow Holding
33. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Holding
Lay witness
Clear and convincing
34. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Contingency Fee
Comparative negligence
Plea bargaining
Bench trial
35. All property that is not real property.
Federalism
Broad holding
Personal property
Civil law
36. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Hearsay
Actual cause
Personal property
37. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Joint tenancy
Substantive law
Caption
38. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Headnote
Hearsay
Battered woman's or spouse's syndrome
Irresistible impulse test
39. Evidence that suggests the defendant's innocence.
Popular name table
Deposition
Exculpatory evidence
Self-defense
40. 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.
Major premise
Persuasive authority
Appellate brief
Narrow Holding
41. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Diversity jurisdiction
Probable cause
Preponderance of the evidence
Notice
42. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
43. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Interrogatories
Headnote
Writ of certiorari
Deductive reasoning
44. A public or private statement that an attorney's conduct violated the code of ethics.
Comparative negligence
Retainer
Reprimand or censure
Battery
45. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Real or physical evidence
Lexis
Self-defense
National Association of Legal Assistants (NALA) www.nala.org
46. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Insanity defense
Real property
Intentional tort
Overrule
47. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Majority opinion
Equity
Third-party claim
48. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
Answer
Dissenting opinion
Jurisdiction
49. Specific questions that usually demand very short or yes-no answers.
U.S. Court of Appeals
Writ of execution
Codification of the common law
Closed Questions
50. 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
Subsequent case history
Contributory negligence
Stare decisis
Arraignment