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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. Cases that involve similar facts and rules of law.
Analogous cases
Nominal damages
Freelance Paralegal
Code of Federal Regulations (C.F.R.)
2. 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.
Case citation
Arbitration
Tenancy by the entirety
Active Listening
3. Summary of one legal point in a court opinion; written by the editors at West.
Plaintiff
Headnote
Reverse
Citing case
4. An intentional act that creates a harmful or offensive physical contact.
Testimonial evidence
Judicial activism
Battery
No-knock warrant
5. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Dissenting opinion
Legal services offices
Treatment
Laws
6. When the defendant does not have sufficient money or other assets to pay the judgment.
Appellee or respondent
Peremptory challenge
Judicial restraint
Judgment proof
7. Questions relating to what happened: who - what - when - where - and how.
Count
Questions of fact
Verification
Canons of construction
8. An approach whereby the courts give a statute a broad interpretation.
Clearly erroneous
Liberal construction
Jurisdiction
Doctrine of implied powers
9. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Analogous cases
Compensatory damages
Separation of powers
10. The rules whereby all members of a law firm are treated as though they had represented the former client.
Disbarment
Exigent circumstances
Vicarious representation
Strict construction
11. The process of organizing statutes by subject matter.
Arraignment
Testimonial evidence
Codification
Conflict of interest
12. 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.
Syllabus
Professional judgment
Hearsay
Directed verdict
13. General principles that guide the courts in their interpretation of statutes.
Lexis
Canons of construction
Discovery
Contributory negligence
14. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Plain meaning
Rules of evidence
per curium
Westlaw
15. The publication of false statements that harm a person's reputation.
Codification
Dissenting opinion
Defamation
Administrative law
16. 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.
Competency
Legal fiction
Retainer
Exhaustion of administrative remedies
17. Without the need for a warrant - the police may seize objects that are openly visible.
Holding
Lay advocate
Fact
Plain view doctrine
18. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Prima facie case
Freelance Paralegal
Bill of Rights
Suspension
19. When an appellate court sends a case back to the trial court for a new trial or other action.
Guardian
Partnership
Remand
Federalism
20. Consists of records - contracts - leases - wills - and other written instruments.
Judgment
Documentary evidence
Case citation
Negligence
21. A defendant's personal promise to appear in court.
Personal recognizance bond
Legal technician
Insanity defense
Freelance Paralegal
22. 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.
Code of Federal Regulations (C.F.R.)
Substantive law
Service
Federalism
23. An issue that the court has never faced before.
Self-defense
Expert witness
Unauthorized practice of law
Issue of first impression
24. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Hearsay
Assault
Freelance Paralegal
Affirm
25. Evidence that supports previous testimony but that comes in a different form.
Intellectual Property
Corroborative evidence
Analogous cases
Authentication
26. The power of government to take private property for public purposes.
Materiality
Grand jury
Eminent Domain
Attorney-client privilege
27. 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.
Jurisdiction
Lay advocate
Road Map paragraph
Broad holding
28. Broad questions that put few limits on the freedom of the respondent.
Active Listening
Open Questions
Lexis
Constructive
29. A set of standardized jury instructions.
American Bar Association (ABA) www.abanet.org
Hourly rate
Pattern jury instructions
Concurrent conflict of interest
30. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Exclusionary rule
Leading questions
Notice pleading
Property law
31. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Statute
Class action suit
Power of judicial review
Transition
32. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Statutes at large or session laws
Judgment notwithstanding the verdict (judgment N.O.V.)
Legal technician
33. A trial court error that is not sufficient to warrant reversing the decision.
Restatement of the Law of Torts - Second
Lay advocate
Motion to require a finding of not guilty
Harmless error
34. 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.
Minimum contacts
Exigent circumstances
Verdict
Narrow Holding
35. 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.
Hourly rate
Pattern jury instructions
Tenancy in common
Strict liability
36. 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.
Codification
On all fours
Subpoena
Substantial capacity test
37. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Prior case history
Documentary evidence
Substantive law
38. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Black-letter law
Battered woman's or spouse's syndrome
Common law
Case citation
39. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Assumption
Dismissal with prejudice
Legislative history
Interrogatories
40. The revocation of an attorney's license.
Count
Successive conflict of interest
Punitive damages
Disbarment
41. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Warrant
Caption
Doctrine of implied powers
Constitutional law
42. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Open Questions
Mediation
Guardian
Valid
43. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Injunction
Affirm
Verdict
Bailment
44. Evidence that suggests the defendant's guilt.
Challenge for cause
Necessity
Best evidence rule
Inculpatory evidence
45. A provision in a deed that prohibits specified uses of the property.
Hypertext links
Restrictive covenant
Warrant
Questions of law
46. A court opinion that establishes new law in an important area.
Writ of execution
Compensatory damages
Appellate or petitioner
Landmark decision
47. A witness who has not been shown to have any special expertise.
Lay witness
Primary authority
Canons of construction
Proximate cause
48. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Service
Procedural facts
Lexis
Nolo contendere
49. 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.)
Necessity
Case reporters
Questions of law
50. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Transition
Mediation
Broad holding