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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 rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Broad holding
Shepardizing
Attorney-client privilege
Pretrial motion
2. A special type of joint tenancy applicable only to married couples.
Statute in derogation of the common law
Minimum contacts
Cause of action
Tenancy by the entirety
3. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Best evidence rule
Invasion of Privacy
Power of judicial review
Mens rea
4. The publication of false statements that harm a person's reputation.
Easement
Leading questions
Defamation
Potential conflict
5. Rules and regulations created by administrative agencies.
Relevancy
Motion to suppress
Strict liability
Administrative law
6. A witness who has not been shown to have any special expertise.
Judgment notwithstanding the verdict (judgment N.O.V.)
Lay witness
Affirm
Constitutional law
7. 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.
Comparative negligence
Federalism
Cross-claim
En banc
8. An agreement supported by consideration.
Hourly rate
Rules of evidence
Contract
Hearsay
9. A document that lists statements regarding specific items for the other party to admit or deny.
Invasion of Privacy
Concurrent conflict of interest
Pretrial conference
Request for admissions
10. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Concurrent jurisdiction
Certified
12(b)(6) motion
Arraignment
11. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Defamation
Notice pleading
Challenge for cause
Comparative negligence
12. 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
Notice pleading
Contract
Judicial restraint
13. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Quiet enjoyment
Void for vagueness
Pattern jury instructions
Remedial statute
14. When an appellate court that normally sits in panels sits as a whole.
Rules of criminal procedure
En banc
Statute of limitations
Affirm
15. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Proximate cause
Stare decisis
Judicial notice
Product misuse
16. Something of value exchanged to form the basis of a contract.
Consideration
Black-letter law
Motion to suppress
Arbitration
17. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Attorney-client privilege
Certificated
Directed verdict
18. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Actus rea
Stop and frisk
Appellant or petitioner
Contingency fee
19. Evidence that supports previous testimony but that comes in a different form.
Charging the jury
Billable hours
Corroborative evidence
Personal property
20. A statute establishing and setting out the powers of an administrative agency.
Real property
Injunction
Summons
Enabling act
21. Books that contain appellate court decisions. There are both official and unofficial reporters.
Eminent Domain
Popular name table
Nolo contendere
Case reporters
22. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Probable cause
Materiality
per curium
23. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Indictment
Judgment notwithstanding the verdict (judgment N.O.V.)
Entrapment
Plain view doctrine
24. Proof that the evidence is what it is said to be.
Summons
Appellate or petitioner
Secondary authority
Authentication
25. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Evidence
Derogation of the common law
Overrule
Limited liability partnership (LLP)
26. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Remedial statute
Recklessness
Negligence per se
Court of record
27. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Clear and convincing
Prima facie case
Original jurisdiction
Model Rules of Professional Conduct
28. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Hourly rate
Plain meaning
Standing
Full-text database
29. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Indictment
Entrapment
Ejusdem generis
30. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Personal property
Road Map paragraph
Jurisdiction
Statute in derogation of the common law
31. The failure to act reasonably under the circumstances.
Negligence
Direct examination
U.S. Supreme Court
Primary authority
32. Law that creates rights and duties.
Unauthorized practice of law
Substantive law
Court of record
Case reporters
33. A person who permits or directs another person to act on the principal's behalf.
Stop and frisk
Caption
Principle
Judgment proof
34. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Best evidence rule
Verification
Contributory negligence
Arrest
35. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Legal fiction
Reverse
Retainer
Doctrine of implied powers
36. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Prima facie case
Common law
Strict construction
Relevancy
37. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Transition
Preemption
Jurisdiction
38. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Assumption
Holding
Distinguishable cases
Doctrine of implied powers
39. The new legal principle established by a court opinion.
Holding
Substantive facts
M'Naghten test
Digest
40. The person who is being asked questions at a deposition.
Reverse
Headnote
Deponent
Overrule
41. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Ethical wall or screen or cone of silence
Alternative dispute resolution (ADR)
Actus rea
Citation
42. The judge informs the jurors of the law they need to know to make their decision.
Agent
Rule
Charging the jury
Tenancy in common
43. Information that can be presented in a court of law as proof of some fact.
Dissenting opinion
Evidence
Overrule
Deductive reasoning
44. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Summons
Hypertext links
Lay advocate
Plain meaning
45. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Contributory negligence
Battered woman's or spouse's syndrome
Appellee or respondent
Ejusdem generis
46. Voluntarily and knowingly subjecting oneself to danger.
Beyond a reasonable doubt
Assumption of the risk
Federal question jurisdiction
Primary authority
47. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Compulsory joinder
Federalism
Pinpoint cite
48. Governmental publication of court opinions.
Official reporter
Subject matter jurisdiction
Freelance Paralegal
Competency
49. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Judicial review
Probable cause
Constitutional law
Shepardizing
50. The questioning of an opposing witness.
Cross-examination
Recklessness
Harmless error
Tenancy by the entirety