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Test your basic knowledge |
Paralegal 101
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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. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
General jurisdiction
Real Property
Restatement of the Law of Torts - Second
2. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
On all fours
Procedural law
Professional judgment
3. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Appellate brief
Analogous cases
Appellee or respondent
On point
4. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Rules of criminal procedure
Circumstantial evidence
Disbarment
5. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Legal writing
Mistrial
Consideration
Statute of limitations
6. A summary of one legal point in a court opinion; written by the editors at West.
Affirmative defense
Request for admissions
Cumulative evidence
Headnote
7. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Digest
Cross-claim
Legal Reasoning
Analogous cases
8. A meeting of the attorneys and the judge prior to the beginning of the trial.
Assault
Judicial restraint
Pretrial conference
Codification of the common law
9. Law that deals with harm to an individual.
Issue
Constructive
Civil law
Codification
10. The process of legislative enactment of areas of the law previously governed solely by the common law.
Suspension
Direct evidence
Specific performance
Codification of the common law
11. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Disbarment
Bail
Reverse
Subsequent case history
12. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Restrictive covenant
Materiality
Cross-claim
Reversible error
13. Courts that determine the facts and apply the law to the facts.
Trial courts
Reverse
Certificated
Real Property
14. To perform.
Actual cause
Concurring opinion
Exculpatory clause
Execute
15. When a higher court agrees with what lower court has done.
Criminal law
General jurisdiction
Contract
Affirm
16. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Appellee or respondent
Certified
Adverse possession
Judgment
17. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Eminent Domain
Trial courts
Reverse
Counterclaim
18. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Judgment notwithstanding the verdict (judgment N.O.V.)
Writ of habeas corpus
Rule
Full-text searches
19. Any tangible object - like a bloody glove.
Judicial restraint
Separation of powers
Analogous cases
Real or physical evidence
20. 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.
Comparative negligence
Appellee or respondent
Persuasive authority
Property
21. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Clear and convincing
Disbarment
Prior case history
Real property
22. Evidence that does not add any new information but that confirms facts that already have been established.
Power of judicial review
Judicial notice
Judicial restraint
Cumulative evidence
23. 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.
U.S. Court of Appeals
Statutes of limitations
Punitive damages
Reverse
24. The failure to act reasonably under the circumstances.
Service
Corroborative evidence
Intentional tort
Negligence
25. The publication of false statements that harm a person's reputation.
Expert witness
Defamation
Dismissal with prejudice
Exculpatory clause
26. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Execute
Entrapment
Pinpoint cite
Shepardizing
27. A request that the court order that certain information not be mentioned in the presence of the jury.
Plea bargaining
Valid
Motion in limine
M'Naghten test
28. Generally accepted legal principles.
Regulation
Res ipsa loquitur
Adverse possession
Black-letter law
29. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Full-text database
Actual cause
Cumulative evidence
Comparative negligence
30. A token sum awarded when liability has been found but monetary damages cannot be shown.
Minor premise
Negligence per se
Nominal damages
Deponent
31. A court's power to hear any type of case arising within its geographical area.
Assumption of the risk
Plea bargaining
General jurisdiction
Tenancy in common
32. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Clearly erroneous
Federal question jurisdiction
Primary authority
33. 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.
Reversible error
Subject matter jurisdiction
Major premise
Legislative history
34. A request made to the court.
Quiet enjoyment
Motion
Concurring opinion
Code of Federal Regulations (C.F.R.)
35. 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.
Slip laws
Proximate cause
Shepardizing
Concurring opinion
36. Law that deals with harm to society as a whole.
Counterclaim
Motion in limine
Direct evidence
Criminal law
37. 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.
Recklessness
Restatement of the Law of Torts - Second
Legal clinic
Statute of limitations
38. The modern pretrial procedure by which one party gains information from the adverse party.
Discovery
Affirm
International Paralegal Management Association (IPMA) www.paralegal management.org
Black-letter law
39. 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.
Minor premise
Appellate brief
Freelance Paralegal
Legal Reasoning
40. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
American Bar Association (ABA) www.abanet.org
Strict construction
Remedial statute
Broad holding
41. A book that contains court opinion headnotes arranged by subject matter.
Quiet enjoyment
Treatment
Digest
Battered woman's or spouse's syndrome
42. The power of a court to hear a particular type of case.
Paralegal
Subject matter jurisdiction
Exculpatory evidence
Compulsory joinder
43. 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.
National Association of Legal Assistants (NALA) www.nala.org
Hourly rate
Lay a foundation
Joint tenancy
44. 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
Ethical wall or screen or cone of silence
Indictment
Affirm
45. Summary of one legal point in a court opinion; written by the editors at West.
Personal property
Full-text searches
Headnote
Valid
46. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Paralegal
Potential conflict
Grand jury
47. Including more than one count in a complaint; the counts do not need to be consistent.
Secondary authority
Issue
Evidence
Pleading in the alternative
48. 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.
Exclusionary rule
Procedural facts
Dictum
Miranda warnings
49. The process of finding the law.
Power of judicial review
Majority opinion
Legal Research
Principle
50. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Legislative history
Motion in limine
Full-text searches
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