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. Governmental publication of court opinions.
12(b)(6) motion
Specific performance
Official reporter
Fruit of the poisonous tree doctrine
2. A person who initiates an appeal.
Statutory element
Liberal construction
Real property
Appellant or petitioner
3. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Hypertext links
Structured database
National Federation of Paralegal Associations (NFPA) www.paralegals.org
4. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Double jeopardy
Affirmative defense
Direct evidence
5. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Laws
Liberal construction
Assault
Implied warranty of habitability
6. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Negligence
Certificated
Default judgment
Administrative law
7. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Judgment
Digest
Valid
Common law
8. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Preponderance of the evidence
Probable cause
Assault
Writ of habeas corpus
9. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Exculpatory evidence
Contingency fee
Case citation
10. The first ten amendments to the U.S. Constitution.
Deposition
Corroborative evidence
Bill of Rights
Conflict of interest
11. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Real Property
Contingency fee
Conflict of interest
Pattern jury instructions
12. A document that lists statements regarding specific items for the other party to admit or deny.
Disbarment
Black-letter law
Federalism
Request for admissions
13. 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.
Narrow Holding
Distinguishable cases
American Association for Paralegal Education (AAfPE) www.aafpe.org
Bailment
14. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Specific performance
Best evidence rule
Damages
Citation
15. An opinion in which a majority of the court joins.
Majority opinion
Notice
Disbarment
M'Naghten test
16. An issue that the court has never faced before.
Subsequent case history
Real Property
Analogous cases
Issue of first impression
17. Consists of records - contracts - leases - wills - and other written instruments.
Affirm
Documentary evidence
Concluding paragraph
Personal property
18. A tangible object or a right or ownership interest.
Legislative history
Pocket part
Property
Expert witness
19. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Personal recognizance bond
Internet
Transition
Relevancy
20. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Overrule
Primary authority
Attorney-client privilege
21. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
American Bar Association (ABA) www.abanet.org
Case citation
Plain meaning
Defendant
22. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Arraignment
Black-letter law
Rule 56 motion (summary judgment motion)
Procedural facts
23. A reason for invalidating a statute where it covers both protected and criminal activity.
Circumstantial evidence
Contributory negligence
Overbreadth
Eminent Domain
24. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Legal clinic
Hourly rate
Notice pleading
25. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Judicial notice
Administrative law
Strict construction
26. A token sum awarded when liability has been found but monetary damages cannot be shown.
Statutory element
Nominal damages
Harmless error
per curium
27. An intentional act that creates a harmful or offensive physical contact.
Principle
Battery
Digest
Direct examination
28. The result reached in a particular case.
Personal property
Ejusdem generis
Bill of Rights
Disposition
29. A summary of one legal point in a court opinion; written by the editors at West.
Official reporter
Headnote
Judicial restraint
Statute in derogation of the common law
30. The number of hours - or parts of an hour - that can be charged to a specific client.
Mistrial
Deductive reasoning
American Bar Association (ABA) www.abanet.org
Billable hours
31. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Rules of evidence
Indictment
Cause of action
Recidivist
32. A person who permits or directs another person to act on the principal's behalf.
Court of record
Recklessness
Plea bargaining
Principle
33. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Personal property
Battery
Appellee or respondent
34. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Legislative intent
Subpoena duces tecum
Secondary authority
Conflict of interest
35. Generally accepted legal principles.
Black-letter law
Active Listening
Reverse
Joint tenancy
36. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Affirm
Subpoena
Legal services offices
37. 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.
Pinpoint cite
Res ipsa loquitur
Statute of limitations
Pocket part
38. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Affirm
Contributory negligence
Double jeopardy
39. Any tangible object - like a bloody glove.
Real or physical evidence
Attorney-client privilege
Negligence per se
Concurring opinion
40. The power of a court to force a person to appear before it.
Personal jurisdiction
Guardian
Negligence
Implied warranty of habitability
41. When only one court has the power to hear a case.
Exclusive jurisdiction
Codification of the common law
Westlaw
Dissenting opinion
42. Law that deals with harm to an individual.
Respondeat superior
Execute
Res ipsa loquitur
Civil law
43. A warrant that allows the police to enter without announcing their presence in advance.
Arraignment
Negligence
Legal malpractice
No-knock warrant
44. Courts that determine the facts and apply the law to the facts.
Minimum contacts
Tort law
Strict construction
Trial courts
45. When an appellate court overturns or negates the decision of a lower court.
Proving a case within a case
Reverse
Harmless error
Indictment
46. Indirect evidence - used to prove facts by implication.
Clearly erroneous
Annotated statutes
Circumstantial evidence
Regulation
47. Law that deals with harm to society as a whole.
Property law
Default judgment
Criminal law
Pinpoint cite
48. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
U.S. district courts
Leading questions
Peremptory challenge
49. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Recklessness
Remedial statute
Issue
50. The questioning of an opposing witness.
Client trust account
Citation
Concluding paragraph
Cross-examination