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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 defendant's plea meaning that the defendant neither admits nor denies the charges.
Legislative history
Nolo contendere
Statutes at large or session laws
Minor premise
2. An intentional act that creates a harmful or offensive physical contact.
Broad holding
per curium
Third-party claim
Battery
3. The power of a court to hear a case.
Assumption of the risk
Jurisdiction
Minor premise
Deposition
4. A compilation of federal administrative regulations arranged by agency.
Overbreadth
Pinpoint cite
Code of Federal Regulations (C.F.R.)
Pleadings
5. A defendant's personal promise to appear in court.
Personal recognizance bond
Indictment
Procedural facts
Affirm
6. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Circumstantial evidence
Motion in limine
Loislaw
Assumption of the risk
7. Rules of conduct promulgated and enforced by the government.
False imprisonment
Laws
Minimum contacts
Unauthorized practice of law
8. A court order requiring a party to perform a specific act or to cease doing a specific act.
Plaintiff
Westlaw
Injunction
Default judgment
9. Law dealing with ownership.
Judicial restraint
Judicial activism
Shepardizing
Property law
10. A provision that purports to waive liability.
Rules of evidence
Judgment
Appellate or petitioner
Exculpatory clause
11. Summary of one legal point in a court opinion; written by the editors at West.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Headnote
Plea bargaining
per curium
12. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Subpoena
Answer
Confidentiality
Questions of law
13. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Legal malpractice
Proving a case within a case
Mediation
Strict liability
14. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
Direct evidence
Statute
Proximate cause
15. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Minimum contacts
Reverse
Insanity defense
Appellate brief
16. The party in a case who has initiated an appeal.
Appellate or petitioner
Statute
Appellate brief
Circumstantial evidence
17. The reference to a particular page within an opinion.
Insanity defense
Plea bargaining
Pinpoint cite
Answer
18. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Warrant
Appellate or petitioner
Negligence
19. 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.
Preemption
Limited jurisdiction
Competency
Consideration
20. A warrant that allows the police to enter without announcing their presence in advance.
Original jurisdiction
No-knock warrant
Statutes of limitations
Leading question
21. Also known as real estate; land and items growing on or permanently attached to that land.
Best evidence rule
Vicarious representation
Assumption
Real Property
22. 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.
Summary jury trials
Notice
Alternative dispute resolution (ADR)
Third-party claim
23. A set of standardized jury instructions.
Answer
Booking
Pattern jury instructions
Negligence
24. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Beyond a reasonable doubt
Rule
Appellate brief
Evidence
25. 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.
Mediation
Third-party claim
Double jeopardy
Narrow Holding
26. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Exclusive jurisdiction
Intellectual Property
Stop and frisk
Notice
27. A trial conducted without a jury.
Power of judicial review
Bench trial
Majority opinion
Pretrial motion
28. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Prior case history
Broad holding
Caption
Charging the jury
29. The transfer of a case from one state court to a federal court.
Affirmative defense
Suspension
Removal
Self-defense
30. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Irresistible impulse test
Assault
Entrapment
Headnote
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
Legal technician
Personal recognizance bond
Stop and frisk
32. A computerized database that contains the full text of documents - such as court opinions or depositions.
Void for vagueness
Directed verdict
Full-text database
Cumulative evidence
33. 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.
Interrogatories
Guardian
Pretrial motion
12(b)(6) motion
34. The highest federal appellate court - consisting of nine appointed members.
Vicarious representation
Invasion of Privacy
Unofficial reporter
U.S. Supreme Court
35. A law enacted by a state legislature or by Congress.
Legal clinic
Minor premise
Statute
Removal
36. Governmental publication of court opinions.
Active Listening
Adverse possession
Official reporter
Insanity defense
37. A tort committed by one who intends to do the act that creates the harm.
Code of Federal Regulations (C.F.R.)
Intentional tort
Deposition
Digest
38. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
On all fours
Citing case
Model Rules of Professional Conduct
Documentary evidence
39. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Professional Corporation (PC)
Concluding paragraph
Reasonable suspicion
Enabling act
40. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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41. 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.
Legal fiction
En banc
Court of record
Hourly rate
42. A witness who has not been shown to have any special expertise.
Actus rea
Majority opinion
Lay witness
Dissenting opinion
43. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Constitutional law
Rules of evidence
Certificated
44. The rules whereby all members of a law firm are treated as though they had represented the former client.
Tort law
Vicarious representation
Valid
Exigent circumstances
45. An issue that the court has never faced before.
12(b)(6) motion
Issue of first impression
Consideration
Legal fiction
46. Liability without having to prove fault.
Statutes of limitations
Popular name table
Assault
Strict liability
47. A witness who has not been shown to have any special expertise.
Derogation of the common law
Lay witness
Writ of certiorari
Restrictive covenant
48. A constitutional protection against being tried twice for the same crime.
Professional Corporation (PC)
Actus rea
Double jeopardy
Dissenting opinion
49. The requirement that relief be sought from an administrative agency before proceeding to court.
Distinguishable cases
Specific performance
Exhaustion of administrative remedies
Disposition
50. 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.
Mandatory authority
Issue
Double jeopardy
Case citation