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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. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Legislative history
Statutes at large or session laws
Conflict of interest
Clear and convincing
2. A witness who possesses skill and knowledge beyond that of the average person.
Deductive reasoning
Grand jury
Expert witness
Strict construction
3. The questioning of an opposing witness.
Cross-examination
Confidentiality
Appellate or petitioner
Writ of habeas corpus
4. An issue that the court has never faced before.
Headnote
Code of Federal Regulations (C.F.R.)
Reverse
Issue of first impression
5. A provision in a deed that prohibits specified uses of the property.
Agent
Restatement of the Law of Torts - Second
Alternative dispute resolution (ADR)
Restrictive covenant
6. A meeting of the attorneys and the judge prior to the beginning of the trial.
Pretrial conference
Partnership
Entrapment
Defamation
7. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Hearsay
Invasion of Privacy
Battery
Direct evidence
8. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Vicarious representation
Federalism
Implied warranty of habitability
Legal clinic
9. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Irresistible impulse test
Affirmative defense
Federalism
Successive conflict of interest
10. 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.
Secondary authority
Affirm
Exculpatory clause
Narrow Holding
11. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Judicial review
Black-letter law
Statutory element
12. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Battered woman's or spouse's syndrome
Case citation
Retainer agreement
13. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Alternative dispute resolution (ADR)
Doctrine of implied powers
Competency
14. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Request for admissions
Motion to require a finding of not guilty
Stare decisis
General jurisdiction
15. All property that is not real property.
Restrictive covenant
per curium
Procedural law
Personal property
16. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Punitive damages
Grand jury
Pocket part
Headnote
17. 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.
Injunction
Counterclaim
Tort law
Statutes of limitations
18. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Exigent circumstances
Legal services offices
Full-text searches
Plain view doctrine
19. The process of finding the law.
Harmless error
Legal Research
Hearsay
Joint tenancy
20. A book that contains court opinion headnotes arranged by subject matter.
Digest
Client trust account
Substantive law
Entrapment
21. The process of legislative enactment of areas of the law previously governed solely by the common law.
Comparative negligence
Property
Codification of the common law
Peremptory challenge
22. The publication of false statements that harm a person's reputation.
Service
Defamation
Concurrent conflict of interest
Tenancy in common
23. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Injunction
Billable hours
Overrule
Alternative dispute resolution (ADR)
24. An opinion that disagrees with the majority's decision and its reasoning.
Headnote
Dissenting opinion
Answer
Equity
25. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Appellee or respondent
Principle
Double jeopardy
26. The justified use of force to protect oneself or others.
Voir dire
Answer
Tort law
Self-defense
27. Books that contain appellate court decisions. There are both official and unofficial reporters.
Dismissal with prejudice
Case reporters
Legislative history
Appellee or respondent
28. The party in a case who has initiated an appeal.
Lay witness
Hourly rate
Implied warranty of habitability
Appellate or petitioner
29. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Closed Questions
Counterclaim
Stare decisis
Reverse
30. 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.
Disposition
Entrapment
Substantive law
Broad holding
31. A repeat offender; one who continues to commit more crimes.
Legal fiction
Defamation
Recidivist
Tickler System
32. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
Pleadings
U.S. Supreme Court
Writ of certiorari
33. 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
Diversity jurisdiction
Contract
Evidence
Subsequent case history
34. Summary of one legal point in a court opinion; written by the editors at West.
Legal Research
Laws
Canons of construction
Headnote
35. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Discovery
Bill of Rights
Derogation of the common law
36. Questions relating to what happened: who - what - when - where - and how.
Self-defense
Subsequent case history
Disposition
Questions of fact
37. In a complaint - one cause of action.
Count
Relevancy
Harmless error
Slip laws
38. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Charging the jury
Constitutional law
Active Listening
39. A request that the court order that certain information not be mentioned in the presence of the jury.
Affirmative defense
Motion in limine
Bench trial
Cause of action
40. Federal and state rules that regulate how criminal proceedings are conducted.
Service
Documentary evidence
Strict construction
Rules of criminal procedure
41. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Circumstantial evidence
On all fours
Double jeopardy
Holding
42. 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.
Preemption
Lexis
Official reporter
Charging the jury
43. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Restatement of the Law of Torts - Second
Federalism
Subpoena duces tecum
Miranda warnings
44. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Warrant
Substantial capacity test
12(b)(6) motion
Loislaw
45. An opinion that agrees with the majority's result but disagrees with its reasoning.
Citation
Concurring opinion
Principle
Analogous cases
46. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Legislative history
Nominal damages
Affirmative defense
47. A trial conducted without a jury.
Defamation
Search engine
Arbitration
Bench trial
48. A tort committed by one who intends to do the act that creates the harm.
Count
Syllabus
Intentional tort
On point
49. Courts that determine whether lower courts have made errors of law.
Plain meaning
Assault
Ethical wall or screen or cone of silence
Appellate courts
50. The new legal principle established by a court opinion.
Substantive facts
Holding
Personal property
Suspension