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. Law that deals with harm to an individual.
Affirmative defense
Evidence
Civil law
U.S. district courts
2. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Answer
Subsequent case history
Reverse
Implied warranty of habitability
3. 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
Materiality
Invasion of Privacy
National Association of Legal Assistants (NALA) www.nala.org
4. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Disbarment
Persuasive authority
Full-text searches
Reverse
5. 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.
Defamation
Strict liability
Voir dire
Case citation
6. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Black-letter law
Motion for a new trial
Common law
Motion in limine
7. Law that deals with harm to society as a whole.
General jurisdiction
Third-party claim
Slip laws
Criminal law
8. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Implied warranty of habitability
Entrapment
Reverse
False imprisonment
9. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Judicial activism
Bill of Rights
Code
Alternative dispute resolution (ADR)
10. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Circumstantial evidence
Strict construction
Registration
Voir dire
11. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
En banc
Bail
Tort law
Legal writing
12. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Retreat exception
Writ of certiorari
Judicial review
Suspension
13. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
International Paralegal Management Association (IPMA) www.paralegal management.org
Minor premise
Jurisdiction
Challenge for cause
14. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Reverse
Materiality
Direct examination
Mediation
15. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legal technician
Intellectual Property
Exhaustion of administrative remedies
Plain meaning
16. The person who is being asked questions at a deposition.
Verdict
Retainer agreement
Statute of limitations
Deponent
17. 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.
Questions of law
Judicial notice
Persuasive authority
Reasonable suspicion
18. The transfer of a case from one state court to a federal court.
Removal
Mens rea
Arrest
Closed Questions
19. Information about the law - such as that contained in encyclopedias and law review articles.
Subpoena
Secondary authority
Voir dire
Professional judgment
20. The publication of false statements that harm a person's reputation.
Freelance Paralegal
Holding
Federal question jurisdiction
Defamation
21. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Doctrine of implied powers
Consideration
Pretrial conference
22. A worldwide network of computer networks.
Jurisdiction
Strict liability
Internet
Exhaustion of administrative remedies
23. A bank account used to hold money belonging to the client or to a third party.
Grand jury
Service
Client trust account
Procedural law
24. Bad intent.
Mens rea
Common law
Eminent Domain
Procedural law
25. 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
Class action suit
Concurring opinion
Syllabus
26. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Motion in limine
Battery
Lexis
Best evidence rule
27. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Statute
Judicial restraint
Rules of evidence
Res ipsa loquitur
28. Cases that involve similar facts and rules of law.
Popular name table
Remand
Arrest
Analogous cases
29. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Duress
Property
Unauthorized practice of law
Subsequent case history
30. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Codification
Registration
Subsequent case history
31. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Appellee or respondent
Joint tenancy
Major premise
32. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Nominal damages
Rules of evidence
Search engine
33. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Preponderance of the evidence
Retainer agreement
Entrapment
Reverse
34. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Fact
Contingency Fee
On all fours
Restrictive covenant
35. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Clearly erroneous
Broad holding
Bail
Distinguishable cases
36. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Annotated statutes
Summons
Popular name table
Default judgment
37. The rule requiring that the original document be produced at trial.
Personal recognizance bond
Best evidence rule
Rule 56 motion (summary judgment motion)
Strict construction
38. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Overrule
Reverse
Comparative negligence
Issue
39. A defendant's personal promise to appear in court.
Reasonable suspicion
Canons of construction
Case reporters
Personal recognizance bond
40. The first ten amendments to the U.S. Constitution.
Bill of Rights
Writ of certiorari
Comparative negligence
Materiality
41. Also known as real estate; land and items growing on or permanently attached to that land.
Motion to require a finding of not guilty
Notice
Real Property
International Paralegal Management Association (IPMA) www.paralegal management.org
42. 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.
Criminal law
Leading question
Rule 56 motion (summary judgment motion)
Minimum contacts
43. A person who initiates a lawsuit.
Plaintiff
Indictment
Materiality
Unauthorized practice of law
44. An advance or down payment that is given to engage the services of an attorney.
Legislative intent
Retainer
Legal clinic
Documentary evidence
45. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Analogous cases
Strict construction
Statutory element
Court of record
46. A law enacted by a state legislature or by Congress.
Insanity defense
Actus rea
Compensatory damages
Statute
47. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Major premise
Evidence
Majority opinion
Discovery
48. 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.
Alternative dispute resolution (ADR)
Code of Federal Regulations (C.F.R.)
Leading question
Hourly rate
49. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Adverse possession
Voir dire
Legislative history
Motion to require a finding of not guilty
50. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Challenge for cause
Plaintiff
Structured database
Issue