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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. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Active Listening
Constructive eviction
Adverse possession
2. The result reached in a particular case.
Discovery
Remedial statute
U.S. Court of Appeals
Disposition
3. Establishes a direct link to the event that must be proven.
Entrapment
Freelance Paralegal
Strict construction
Direct evidence
4. The general jurisdiction trial courts in the federal system.
Products liability
Major premise
Subsequent case history
U.S. district courts
5. The failure to act reasonably under the circumstances.
Distinguishable cases
Negligence
Separation of powers
Arrest
6. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Preponderance of the evidence
Remedial statute
Closed Questions
Personal property
7. 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.
Affirmative defense
M'Naghten test
Guardian
Principle
8. Courts that determine the facts and apply the law to the facts.
Quiet enjoyment
Deponent
Trial courts
Minimum contacts
9. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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10. The number of hours - or parts of an hour - that can be charged to a specific client.
Paralegal
Billable hours
Substantial capacity test
Voir dire
11. The party in a case who has initiated an appeal.
Dictum
Necessity
Appellate or petitioner
Rules of evidence
12. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Negligence
Digest
Caption
12(b)(6) motion
13. A trial conducted without a jury.
Bench trial
Subsequent case history
On all fours
Materiality
14. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Official reporter
Attorney-client privilege
Concurring opinion
15. A trial court error that is not sufficient to warrant reversing the decision.
Professional Corporation (PC)
Internet
Insanity defense
Harmless error
16. An opinion that agrees with the majority's result but disagrees with the reasoning.
Comparative negligence
Concurring opinion
Tenancy by the entirety
Fact
17. 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.
Authentication
Pocket part
Harmless error
Federalism
18. A case listed in Shepard's that cites your case.
Citing case
Mandatory authority
Writ of habeas corpus
M'Naghten test
19. 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.
Legal services offices
Plea bargaining
Restatement of the Law of Torts - Second
Limited jurisdiction
20. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Battered woman's or spouse's syndrome
Joint tenancy
Power of judicial review
Judgment notwithstanding the verdict (judgment N.O.V.)
21. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Procedural facts
Questions of law
Power of judicial review
Bail
22. 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.
Original jurisdiction
Active Listening
Substantive law
Miranda warnings
23. 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.
Rule
Minor premise
Federalism
Tort law
24. The power of a court to hear a particular type of case.
Issue
Overrule
Court of record
Subject matter jurisdiction
25. The process of properly identifying and authenticating evidence so that it can be introduced.
Federalism
Lay a foundation
Appellate brief
Affirm
26. In a complaint - one cause of action.
Count
Legislative history
Federal question jurisdiction
Statutory element
27. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Common law
Duress
Real property
per curium
28. Something of value exchanged to form the basis of a contract.
Common law
Code
Judicial review
Consideration
29. The justified use of force to protect oneself or others.
Rule 56 motion (summary judgment motion)
Self-defense
Reversible error
Common law
30. 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.
Entrapment
Proximate cause
Full-text searches
Closed Questions
31. The power of a court to hear a case.
Compensatory damages
Legislative history
Jurisdiction
Discovery
32. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Arraignment
Warrant
Discovery
33. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Derogation of the common law
Closed Questions
Alternative dispute resolution (ADR)
34. Broad questions that put few limits on the freedom of the respondent.
Pretrial conference
Partnership
Open Questions
Pleading in the alternative
35. A bank account used to hold money belonging to the client or to a third party.
Assault
Client trust account
General jurisdiction
Broad holding
36. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Implied warranty of habitability
Subpoena
Third-party claim
Lay witness
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.
Motion to require a finding of not guilty
Directed verdict
Peremptory challenge
Statutes of limitations
38. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Rules of evidence
Certificated
Code
Structured database
39. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Federalism
On point
Rule 56 motion (summary judgment motion)
40. A meeting of the attorneys and the judge prior to the beginning of the trial.
Conflict of interest
Writ of habeas corpus
Citing case
Pretrial conference
41. An opinion that agrees with the majority's result but disagrees with its reasoning.
Statute of limitations
Syllabus
Personal property
Concurring opinion
42. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Direct evidence
Unofficial reporter
Contract
Rule
43. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Adverse possession
False imprisonment
Rule
Full-text searches
44. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Summary jury trials
Real or physical evidence
Power of judicial review
Dissenting opinion
45. Without the need for a warrant - the police may seize objects that are openly visible.
Harmless error
Questions of law
Plain view doctrine
Notice
46. Law that deals with harm to an individual.
Principle
Issue
Civil law
Notice
47. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Narrow Holding
Real property
Restatement of the Law of Torts - Second
48. A constitutional protection against being tried twice for the same crime.
Cross-claim
Federal question jurisdiction
Judgment
Double jeopardy
49. 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.
Broad holding
Tort law
Cumulative evidence
Original jurisdiction
50. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Insanity defense
Motion to require a finding of not guilty
Conflict of interest
Issue