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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 separable part of a statute that must be satisfied for the statute to apply.
Respondeat superior
Plain view doctrine
Syllabus
Statutory element
2. Evidence that is derived from an illegal search or interrogation is inadmissible.
Summons
Fruit of the poisonous tree doctrine
Pleading in the alternative
Case reporters
3. A request that the court prohibit the use of certain evidence at the trial.
Counterclaim
Joint tenancy
Motion to suppress
Criminal law
4. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Mediation
U.S. Court of Appeals
Common law
Property law
5. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Indictment
Comparative negligence
Legal services offices
Voir dire
6. 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
Count
Answer
Negligence per se
Equity
7. The party in a case against whom an appeal has been filed.
Contingency Fee
Internet
Easement
Appellee or respondent
8. A court's power to hear only specialized cases.
Notice pleading
Duress
Successive conflict of interest
Limited jurisdiction
9. The judge informs the jurors of the law they need to know to make their decision.
Personal recognizance bond
Lay witness
Arrest
Charging the jury
10. Law that deals with harm to society as a whole.
Headnote
Criminal law
Notice pleading
Negligence
11. 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.
Appellee or respondent
Substantial capacity test
Testimonial evidence
Writ of habeas corpus
12. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Legislative history
Arrest
Guardian
Reverse
13. The status of having received a certificate documenting that the person has successfully completed an educational program.
Active Listening
Motion
Certificated
On point
14. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Valid
Duress
Paralegal
Tort law
15. A defense requiring proof that the defendant was not mentally responsible.
Registration
Evidence
Insanity defense
Intellectual Property
16. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Vicarious representation
Full-text database
Quiet enjoyment
Guardian
17. The highest federal appellate court - consisting of nine appointed members.
Preponderance of the evidence
Court of record
Negligence per se
U.S. Supreme Court
18. 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.
Syllabus
Judicial review
Overrule
Personal jurisdiction
19. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Pattern jury instructions
Constructive
Statutory element
Subsequent case history
20. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Registration
Dictum
Bailment
Compulsory joinder
21. When an appellate court that normally sits in panels sits as a whole.
En banc
Plain view doctrine
Structured database
Client trust account
22. 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.
Issue
Criminal law
Pretrial motion
Ethical wall or screen or cone of silence
23. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Citation
Case citation
Pretrial motion
Real or physical evidence
24. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
No-knock warrant
Mandatory authority
Internet
Defendant
25. A law enacted by a state legislature or by Congress.
Assumption of the risk
Res ipsa loquitur
Bail
Statute
26. The papers that begin a lawsuit-generally - the complaint and the answer.
Adverse possession
Pleadings
Tort law
Remand
27. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Clearly erroneous
Doctrine of implied powers
Jurisdiction
28. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Pattern jury instructions
Ejusdem generis
Notice
Contributory negligence
29. A constitutional protection against being tried twice for the same crime.
Appellee or respondent
Arrest
Double jeopardy
Attorney-client privilege
30. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
No-knock warrant
Real or physical evidence
Reverse
Hourly rate
31. Without the need for a warrant - the police may seize objects that are openly visible.
Assumption
Interrogatories
Mistrial
Plain view doctrine
32. 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.
Search engine
Preemption
Pocket part
Writ of execution
33. A determination that an attorney may not practice law for a set period of time.
Subject matter jurisdiction
Negligence per se
Interrogatories
Suspension
34. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Model Rules of Professional Conduct
Disposition
Judicial notice
Subpoena duces tecum
35. The power of a court to hear a particular type of case.
Syllabus
Subject matter jurisdiction
Comparative negligence
Equity
36. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Practice of law
Subsequent case history
Respondeat superior
Strict liability
37. The modern pretrial procedure by which one party gains information from the adverse party.
Questions of fact
Concluding paragraph
Judicial notice
Discovery
38. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Evidence
Diversity jurisdiction
Double jeopardy
Tort law
39. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Persuasive authority
Harmless error
Easement
40. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Booking
Caption
Consideration
41. A worldwide network of computer networks.
Loislaw
Judicial restraint
Internet
Cross-claim
42. A defense whereby the defendant offers new evidence to avoid judgment.
Self-defense
Affirmative defense
Mediation
Entrapment
43. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Subsequent case history
Judgment
Subpoena duces tecum
44. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Syllabus
Entrapment
Stop and frisk
Assumption of the risk
45. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Irresistible impulse test
Reverse
Contract
Minimum contacts
46. The opinion of a jury on a question of fact.
False imprisonment
Verdict
Cross-examination
Derogation of the common law
47. The publication of false statements that harm a person's reputation.
Defamation
Appellate or petitioner
Best evidence rule
American Bar Association (ABA) www.abanet.org
48. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Motion for a new trial
Limited liability partnership (LLP)
Laws
Battered woman's or spouse's syndrome
49. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Retainer agreement
Necessity
Appellate brief
Exhaustion of administrative remedies
50. Simultaneously representing adverse clients.
Derogation of the common law
Assumption
Concurrent conflict of interest
Pleadings