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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. Violation of a statute as proof of negligence
Guardian
Attorney-client privilege
Deductive reasoning
Negligence per se
2. In a complaint - one cause of action.
Landmark decision
Judicial review
Judgment notwithstanding the verdict (judgment N.O.V.)
Count
3. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Personal jurisdiction
Statutory element
Unauthorized practice of law
4. A tort committed by one who intends to do the act that creates the harm.
Broad holding
Intentional tort
Actus rea
Full-text database
5. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Holding
Concluding paragraph
Motion in limine
Remand
6. 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
Dissenting opinion
Exclusive jurisdiction
Rule 56 motion (summary judgment motion)
Void for vagueness
7. The purpose of the legislature at the time it enacted the statute.
Common law
Tort law
Legislative intent
Entrapment
8. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Proximate cause
Concurrent conflict of interest
Narrow Holding
False imprisonment
9. 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.
Lexis
Legal clinic
Summary jury trials
Warrant
10. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Affirm
Ethical wall or screen or cone of silence
Analogous cases
Issue
11. Evidence that suggests the defendant's innocence.
Prima facie case
Exculpatory evidence
Administrative law
Rules of criminal procedure
12. A meeting of the attorneys and the judge prior to the beginning of the trial.
Documentary evidence
Pretrial conference
Booking
Bill of Rights
13. A trial court error that is not sufficient to warrant reversing the decision.
Duress
Harmless error
Statute
Internet
14. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Subsequent case history
Necessity
Primary authority
Recidivist
15. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Digest
Subsequent case history
Booking
Assumption
16. Also known as real estate; land and items growing on or permanently attached to that land.
Reverse
Federal question jurisdiction
Specific performance
Real Property
17. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Warrant
Hourly rate
Valid
Transition
18. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Original jurisdiction
Res ipsa loquitur
Hypertext links
Full-text database
19. The new legal principle established by a court opinion.
Exclusive jurisdiction
Freelance Paralegal
Fixed Fee
Holding
20. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Enabling act
Power of judicial review
Notice
Pattern jury instructions
21. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Overrule
Cross-claim
Punitive damages
Subsequent case history
22. The power of a court to hear a case.
Jurisdiction
Overrule
Arbitration
Motion for a new trial
23. Voluntarily and knowingly subjecting oneself to danger.
Negligence per se
Issue of first impression
Assumption of the risk
Bailment
24. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Unofficial reporter
Original jurisdiction
Hypertext links
Mediation
25. 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
Cross-examination
Restrictive covenant
Successive conflict of interest
26. A provision in a deed that prohibits specified uses of the property.
Relevancy
Restrictive covenant
Issue of first impression
Plaintiff
27. The rule that in order to claim self-defense there must have been no possibility of retreat.
Prior case history
Retreat exception
Strict liability
Holding
28. Court decisions from a higher court in the same jurisdiction.
Majority opinion
Removal
Mandatory authority
Restrictive covenant
29. 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
Insanity defense
Jurisdiction
Substantive law
30. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Cumulative evidence
Exclusive jurisdiction
Popular name table
31. 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
Strict liability
Official reporter
Persuasive authority
32. A set charge for a specific service - such as drafting a simple will.
Beyond a reasonable doubt
Fixed Fee
Broad holding
Invasion of Privacy
33. A trial court error that is not sufficient to warrant reversing the decision.
Battered woman's or spouse's syndrome
Harmless error
Corroborative evidence
Administrative law
34. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Search engine
Comparative negligence
No-knock warrant
Reverse
35. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Remand
Easement
Real or physical evidence
Judicial notice
36. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Actual cause
Default judgment
Notice pleading
Potential conflict
37. Establishes a direct link to the event that must be proven.
Personal property
Secondary authority
Class action suit
Direct evidence
38. Federal and state rules that govern the admissibility of evidence in court.
Fixed Fee
Rules of evidence
Irresistible impulse test
Hypertext links
39. An opinion in which a majority of the court joins.
Enabling act
Structured database
Transition
Majority opinion
40. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Legal malpractice
Tenancy in common
False imprisonment
Practice of law
41. Law that deals with harm to society as a whole.
Issue
Minimum contacts
Criminal law
Bailment
42. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Administrative law
Damages
Contingency fee
Limited jurisdiction
43. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Cumulative evidence
Judgment
Bench trial
Nolo contendere
44. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Lexis
Assumption
12(b)(6) motion
Injunction
45. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
International Paralegal Management Association (IPMA) www.paralegal management.org
Punitive damages
Exculpatory evidence
46. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Statutes of limitations
Writ of certiorari
Subpoena
Arraignment
47. A request that the court release the defendant because of the illegality of the incarceration.
Third-party claim
Notice
Writ of habeas corpus
Compensatory damages
48. Proof that the evidence is what it is said to be.
Conflict of interest
Broad holding
Authentication
Charging the jury
49. Land and objects permanently attached to land.
Deposition
Counterclaim
Real property
Reasonable suspicion
50. A form in which statutes are published; they are printed individually at the time they are first enacted.
Full-text database
Diversity jurisdiction
Slip laws
Issue