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. A right to use property owned by another for a limited purpose.
Negligence
Easement
Primary authority
Dismissal with prejudice
2. 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
Cross-claim
Execute
Subpoena
Diversity jurisdiction
3. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Battered woman's or spouse's syndrome
Statutes at large or session laws
Personal property
Bailment
4. When an appellate court that normally sits in panels sits as a whole.
Subsequent case history
En banc
Plaintiff
Deductive reasoning
5. 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.
Appellate or petitioner
Caption
Agent
Summons
6. Violation of a statute as proof of negligence
Property
Rule
Regulation
Negligence per se
7. Bad act.
Actus rea
Fact
Subsequent case history
Original jurisdiction
8. Occurs when the police restrain a person's freedom and charge the person with a crime.
Affirm
Arrest
Testimonial evidence
Billable hours
9. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Notice
Model Rules of Professional Conduct
Default judgment
Restatement of the Law of Torts - Second
10. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Jurisdiction
Beyond a reasonable doubt
Entrapment
Disposition
11. 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.
Damages
Legal technician
Compulsory joinder
Lay a foundation
12. The questioning of an opposing witness.
Cross-examination
Procedural facts
Leading question
Implied warranty of habitability
13. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
En banc
Transition
Codification of the common law
Mediation
14. A provision that purports to waive liability.
Retainer
Exculpatory clause
Lay advocate
Directed verdict
15. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Pleadings
Negligence
Compensatory damages
Potential conflict
16. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Irresistible impulse test
Cross-examination
Negligence
Registration
17. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Miranda warnings
Jurisdiction
Hypertext links
18. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Battered woman's or spouse's syndrome
Proximate cause
Grand jury
Concurrent conflict of interest
19. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Motion for a new trial
Statutory element
Entrapment
Class action suit
20. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Proving a case within a case
Trial courts
Assumption
21. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Motion for a new trial
Pretrial conference
Disposition
Billable hours
22. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Codification of the common law
Attorney-client privilege
Restatement of the Law of Torts - Second
23. The new legal principle established by a court opinion.
Consideration
Compulsory joinder
Potential conflict
Holding
24. The chronological publication of statutes at the end of a legislative session.
Remand
Mistrial
Legal Research
Statutes at large or session laws
25. A request made to the court.
Certified
Arrest
Motion
National Federation of Paralegal Associations (NFPA) www.paralegals.org
26. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Broad holding
Minimum contacts
Negligence per se
27. 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.
Guardian
Analogous cases
U.S. district courts
Judicial notice
28. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Service
Citation
Deponent
Primary authority
29. When only one court has the power to hear a case.
Fruit of the poisonous tree doctrine
Exclusionary rule
Exclusive jurisdiction
Motion to suppress
30. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Assumption
Paralegal
Trial courts
Practice of law
31. General principles that guide the courts in their interpretation of statutes.
Third-party claim
Canons of construction
Mistrial
General jurisdiction
32. An opinion in which a majority of the court joins.
Majority opinion
Black-letter law
Class action suit
Principle
33. When an appellate court overturns or negates the decision of a lower court.
Ejusdem generis
Exculpatory evidence
Reverse
Motion to suppress
34. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Rules of criminal procedure
Restatement of the Law of Torts - Second
Legal services offices
Hypertext links
35. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Agent
Summary jury trials
Booking
36. Federal and state rules that govern the admissibility of evidence in court.
Paralegal
Reverse
Summary jury trials
Rules of evidence
37. A court's power to hear any type of case arising within its geographical area.
Comparative negligence
General jurisdiction
Negligence per se
Shepardizing
38. 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
Freelance Paralegal
Headnote
Deductive reasoning
39. A calendering system that records key dates and important deadlines.
Subpoena duces tecum
Relevancy
Necessity
Tickler System
40. 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.
Exhaustion of administrative remedies
Directed verdict
Statutes of limitations
Minor premise
41. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Freelance Paralegal
Subsequent case history
Dissenting opinion
Rule 56 motion (summary judgment motion)
42. Law that deals with harm to society as a whole.
Cumulative evidence
Criminal law
Peremptory challenge
Guardian
43. 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.
Request for admissions
No-knock warrant
Directed verdict
Appellant or petitioner
44. A pamphlet inserted into the back of a book containing information new since the volume was published.
Void for vagueness
Inculpatory evidence
Pocket part
Persuasive authority
45. The status of having received a certificate documenting that the person has successfully completed an educational program.
Appellate brief
Certificated
Damages
False imprisonment
46. A trial conducted without a jury.
Agent
Court of record
Testimonial evidence
Bench trial
47. A book that contains court opinion headnotes arranged by subject matter.
Strict construction
Digest
Personal property
Statute
48. 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.
Diversity jurisdiction
Third-party claim
Preemption
Retainer agreement
49. An opinion that disagrees with the majority's decision and reasoning.
Corroborative evidence
Dissenting opinion
Arraignment
Lay witness
50. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Expert witness
Specific performance
Billable hours