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. Not factually true - but accepted by the courts as being legally true.
Constructive
Arraignment
Best evidence rule
Tenancy in common
2. The failure to act reasonably under the circumstances.
Rules of criminal procedure
Negligence
Nolo contendere
Nominal damages
3. Court decisions from a higher court in the same jurisdiction.
Res ipsa loquitur
Mandatory authority
Constitutional law
Comparative negligence
4. The publication of false statements that harm a person's reputation.
Defamation
Plea bargaining
Relevancy
Adverse possession
5. Something of value exchanged to form the basis of a contract.
Defamation
Joint tenancy
Pleadings
Consideration
6. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Lexis
Joint tenancy
Full-text searches
Statute in derogation of the common law
7. The power of government to take private property for public purposes.
Eminent Domain
Property
National Association of Legal Assistants (NALA) www.nala.org
Analogous cases
8. A requirement that a party fulfill his or her contractual obligations.
Potential conflict
Specific performance
Procedural law
Headnote
9. Establishes a direct link to the event that must be proven.
Direct evidence
Search engine
Class action suit
Contingency fee
10. A court's power to hear any type of case arising within its geographical area.
Recklessness
General jurisdiction
Materiality
Competency
11. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Miranda warnings
Ethical wall or screen or cone of silence
Nolo contendere
Writ of certiorari
12. 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).
Remand
Model Rules of Professional Conduct
Civil law
Joint tenancy
13. A national organization of paralegal programs that promotes high standards for paralegal education.
Double jeopardy
American Association for Paralegal Education (AAfPE) www.aafpe.org
Structured database
Nolo contendere
14. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Limited liability partnership (LLP)
Active Listening
Canons of construction
Remand
15. 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.
Statute
Intentional tort
Open Questions
Actual cause
16. The process of legislative enactment of areas of the law previously governed solely by the common law.
Registration
Derogation of the common law
Legal services offices
Codification of the common law
17. A court's power to hear only specialized cases.
Official reporter
Limited jurisdiction
Subsequent case history
Federalism
18. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Codification of the common law
Remedial statute
Leading question
Federalism
19. 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.
Proximate cause
Unofficial reporter
Original jurisdiction
Prior case history
20. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Res ipsa loquitur
Certified
Syllabus
21. 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.
Bailment
Overrule
Rule
Preponderance of the evidence
22. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Deductive reasoning
Invasion of Privacy
Entrapment
Treatment
23. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Products liability
Product misuse
Unofficial reporter
Appellate brief
24. A pamphlet inserted into the back of a book containing information new since the volume was published.
Rule
Pocket part
Verification
Writ of certiorari
25. A defense whereby the defendant offers new evidence to avoid judgment.
Pretrial conference
Fact
Persuasive authority
Affirmative defense
26. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Res ipsa loquitur
Arraignment
Reverse
Strict liability
27. Liability without a showing of fault.
Writ of execution
Reverse
Substantial capacity test
Strict liability
28. 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.
Disposition
Retainer agreement
Questions of law
Compulsory joinder
29. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Statute in derogation of the common law
Challenge for cause
Nominal damages
Loislaw
30. The tenant's right to be free from interference from the landlord with respect to how the property is used.
International Paralegal Management Association (IPMA) www.paralegal management.org
Quiet enjoyment
Appellee or respondent
Full-text searches
31. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Remedial statute
Road Map paragraph
Self-defense
Exculpatory clause
32. A defendant's personal promise to appear in court.
Motion to require a finding of not guilty
Assumption of the risk
American Association for Paralegal Education (AAfPE) www.aafpe.org
Personal recognizance bond
33. When a higher court agrees with what lower court has done.
Liberal construction
Road Map paragraph
Statutes at large or session laws
Affirm
34. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Attorney-client privilege
Contributory negligence
Product misuse
Request for admissions
35. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Criminal law
Concluding paragraph
Constructive eviction
Exclusionary rule
36. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Evidence
Power of judicial review
Injunction
Legislative intent
37. The modern pretrial procedure by which one party gains information from the adverse party.
Ejusdem generis
Discovery
Summons
Warrant
38. Occurs when the police restrain a person's freedom and charge the person with a crime.
Constitutional law
Judicial review
Easement
Arrest
39. 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.
Holding
Eminent Domain
Case citation
Holding
40. 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.
Peremptory challenge
Actus rea
Competency
Valid
41. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Appellate brief
Contributory negligence
Legal malpractice
42. A set charge for a specific service - such as drafting a simple will.
Tort law
Harmless error
Fixed Fee
Concurring opinion
43. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Reverse
Hypertext links
Lay advocate
Comparative negligence
44. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Pleading in the alternative
Tort law
False imprisonment
45. The rule requiring that the original document be produced at trial.
Pocket part
per curium
Best evidence rule
Easement
46. 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
Questions of law
Code
Competency
47. 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
Ethical wall or screen or cone of silence
Rule 56 motion (summary judgment motion)
Code of Federal Regulations (C.F.R.)
Quiet enjoyment
48. Standard used by appellate courts when reviewing a trial court's findings of fact.
Equity
Direct examination
Clearly erroneous
Agent
49. A summary of one legal point in a court opinion; written by the editors at West.
Administrative law
Motion to suppress
Headnote
Overbreadth
50. The educated ability to apply law to specific facts.
Warrant
Plain meaning
Professional judgment
Clear and convincing