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Test your basic knowledge |
Paralegal 101
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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. When a higher court agrees with what lower court has done.
Harmless error
Eminent Domain
Affirm
Notice pleading
2. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Disbarment
Legal technician
Holding
Minimum contacts
3. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Plain meaning
Pocket part
Mistrial
Contributory negligence
4. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Plea bargaining
Annotated statutes
Tickler System
Preponderance of the evidence
5. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Service
Concurrent conflict of interest
Stop and frisk
Defendant
6. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
12(b)(6) motion
Reverse
Substantial capacity test
Challenge for cause
7. 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.
Distinguishable cases
Plea bargaining
Regulation
Mistrial
8. 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.
Directed verdict
Necessity
Concurring opinion
Reversible error
9. A claim by the defendant against the plaintiff.
Remand
Counterclaim
Legislative intent
Full-text database
10. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Appellate or petitioner
Direct evidence
Arrest
11. Law that deals with harm to a person or a person's property.
Tort law
Dismissal with prejudice
Trial courts
Overrule
12. The first ten amendments to the U.S. Constitution.
Motion to suppress
Negligence
Mistrial
Bill of Rights
13. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Hypertext links
National Association of Legal Assistants (NALA) www.nala.org
Power of judicial review
Direct evidence
14. 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
Unofficial reporter
Competency
Rule 56 motion (summary judgment motion)
Intentional tort
15. Questions relating to the interpretation or application of the law.
Issue of first impression
Preemption
Exclusive jurisdiction
Questions of law
16. A national voluntary organization of lawyers.
Holding
Miranda warnings
Cross-claim
American Bar Association (ABA) www.abanet.org
17. A worldwide network of computer networks.
Summons
Internet
En banc
Motion to require a finding of not guilty
18. 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
Lexis
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Statutory element
19. A law enacted by a state legislature or by Congress.
Laws
Statute
Hypertext links
Statutes at large or session laws
20. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Statutory element
Products liability
Cross-claim
21. An agreement supported by consideration.
Contract
Voir dire
Lay witness
Registration
22. The opinion of a jury on a question of fact.
Verdict
Hypertext links
Headnote
Contingency fee
23. Any tangible object - like a bloody glove.
Real or physical evidence
Pleading in the alternative
Irresistible impulse test
Westlaw
24. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Mens rea
Direct examination
Road Map paragraph
25. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Constructive
Personal recognizance bond
Appellate courts
Testimonial evidence
26. When an appellate court overturns or negates the decision of a lower court.
Headnote
Reverse
Issue of first impression
Directed verdict
27. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Pleadings
Quiet enjoyment
Black-letter law
Default judgment
28. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Comparative negligence
Authentication
Motion
29. Courts that determine the facts and apply the law to the facts.
Trial courts
Vicarious representation
Statutory element
Bail
30. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Rules of evidence
Preponderance of the evidence
On all fours
Cross-claim
31. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Voir dire
Court of record
Exclusive jurisdiction
Comparative negligence
32. The power of government to take private property for public purposes.
Appellate brief
Eminent Domain
Issue
Affirmative defense
33. An opinion that disagrees with the majority's decision and its reasoning.
Motion to require a finding of not guilty
Dissenting opinion
Directed verdict
Quiet enjoyment
34. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Appellate courts
Tickler System
Lexis
Issue
35. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Rules of evidence
Tenancy in common
Procedural facts
36. The court's power to review statutes to decide whether they conform to the Constitution.
Circumstantial evidence
Judicial review
Limited liability partnership (LLP)
Booking
37. A court order requiring a party to perform a specific act or to cease doing a specific act.
Contingency fee
12(b)(6) motion
Nolo contendere
Injunction
38. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Mens rea
Documentary evidence
Legal writing
Practice of law
39. A defendant's personal promise to appear in court.
Questions of fact
Personal recognizance bond
Active Listening
Legislative intent
40. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Legal fiction
Substantive law
Deposition
Assumption
41. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Analogous cases
Certified
En banc
Plain meaning
42. Questions that suggest the answer.
Proximate cause
Concurring opinion
Procedural facts
Leading questions
43. 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.
Issue
Documentary evidence
Nolo contendere
Booking
44. In a case brief - the general legal principle in existence before the case began.
Directed verdict
Tickler System
Rule
Judgment proof
45. Bad intent.
Grand jury
Substantive law
Mens rea
Tort law
46. An actual incident or condition; not a legal consequence.
Direct evidence
Fact
Lay witness
Limited jurisdiction
47. Without the need for a warrant - the police may seize objects that are openly visible.
M'Naghten test
Procedural facts
Plain view doctrine
Jurisdiction
48. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Real or physical evidence
Double jeopardy
Competency
Structured database
49. Land and objects permanently attached to land.
Comparative negligence
Bill of Rights
Real property
Strict construction
50. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Open Questions
Appellee or respondent
Preemption
Syllabus
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