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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 computerized database that contains the full text of documents - such as court opinions or depositions.
Self-defense
Full-text database
Authentication
Persuasive authority
2. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Peremptory challenge
Unauthorized practice of law
Answer
Deposition
3. A token sum awarded when liability has been found but monetary damages cannot be shown.
Legal fiction
Nominal damages
Canons of construction
Landmark decision
4. The party in a case against whom an appeal has been filed.
Appellee or respondent
Voir dire
Judgment notwithstanding the verdict (judgment N.O.V.)
Headnote
5. The power of a court to force a person to appear before it.
Negligence
Proximate cause
Inculpatory evidence
Personal jurisdiction
6. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Challenge for cause
Official reporter
Judgment
Entrapment
7. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Summary jury trials
Respondeat superior
Westlaw
Writ of certiorari
8. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Stop and frisk
Criminal law
Major premise
Legal clinic
9. A set charge for a specific service - such as drafting a simple will.
Beyond a reasonable doubt
Legal clinic
Fixed Fee
Plain meaning
10. 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.
Active Listening
Ejusdem generis
Guardian
Questions of fact
11. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Adverse possession
Joint tenancy
Landmark decision
Limited liability partnership (LLP)
12. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Cross-examination
Valid
Judicial restraint
13. In a complaint - one cause of action.
Doctrine of implied powers
Count
Agent
Treatment
14. A court order requiring a person to appear to testify at a trial or deposition.
Beyond a reasonable doubt
Subpoena
Void for vagueness
Practice of law
15. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Deposition
Directed verdict
Legal services offices
Personal recognizance bond
16. The pretrial oral questioning of a witness under oath.
Vicarious representation
Indictment
Deposition
Limited jurisdiction
17. Written questions sent by one side to the opposing side - answered under oath.
Active Listening
Motion to require a finding of not guilty
Affirm
Interrogatories
18. 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.
Reverse
Legal fiction
Adverse possession
Legal Research
19. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Deductive reasoning
Hypertext links
Questions of fact
General jurisdiction
20. A request that the court prohibit the use of certain evidence at the trial.
Judgment notwithstanding the verdict (judgment N.O.V.)
Motion to suppress
Plain view doctrine
Entrapment
21. 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
Exculpatory evidence
Personal recognizance bond
Rule 56 motion (summary judgment motion)
Remand
22. 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.
Legal Research
Code of Federal Regulations (C.F.R.)
Legislative history
Exculpatory clause
23. The person who is being asked questions at a deposition.
Charging the jury
Deponent
Subsequent case history
Principle
24. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assumption
Subject matter jurisdiction
Issue
Assault
25. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Court of record
Separation of powers
Defamation
Active Listening
26. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Preponderance of the evidence
Unofficial reporter
Administrative law
12(b)(6) motion
27. The party in a case who has initiated an appeal.
Registration
Digest
Specific performance
Appellate or petitioner
28. The tort theory that an employer can be sued for the negligent acts of its employees.
Property
Fact
Competency
Respondeat superior
29. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Legal fiction
Challenge for cause
Principle
Appellate courts
30. The questioning of an opposing witness.
Cross-examination
Battered woman's or spouse's syndrome
Dictum
Default judgment
31. A court's prior permission for the police to search and seize.
Caption
Limited jurisdiction
Cumulative evidence
Warrant
32. Something of value exchanged to form the basis of a contract.
Cause of action
Motion to suppress
Consideration
Prior case history
33. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Intentional tort
Affirm
Civil law
34. Information that can be presented in a court of law as proof of some fact.
Official reporter
Tenancy in common
Motion for a new trial
Evidence
35. Rules of conduct promulgated and enforced by the government.
Tort law
Laws
Warrant
Authentication
36. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Defendant
Legal writing
Affirmative defense
37. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Constructive eviction
Transition
Motion to require a finding of not guilty
38. A statute that changes the common law.
Double jeopardy
Procedural law
On all fours
Statute in derogation of the common law
39. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Transition
Confidentiality
Plea bargaining
Reverse
40. A person who initiates a lawsuit.
Distinguishable cases
Concurrent conflict of interest
Joint tenancy
Plaintiff
41. The new legal principle established by a court opinion.
Holding
Transition
Mistrial
Headnote
42. A request made to the court.
Count
On all fours
Motion
12(b)(6) motion
43. Generally accepted legal principles.
Black-letter law
Subsequent case history
Circumstantial evidence
Tort law
44. 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
Model Rules of Professional Conduct
Plaintiff
Successive conflict of interest
45. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Questions of fact
Strict construction
Stop and frisk
46. Bad intent.
Best evidence rule
Mens rea
Plaintiff
Lay witness
47. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Prior case history
Laws
Implied warranty of habitability
Assumption of the risk
48. In a case brief - the rule of law applied to the case's specific facts.
Appellee or respondent
Strict liability
Arraignment
Issue
49. In a case brief - the general legal principle in existence before the case began.
Rule
Legal Reasoning
Dissenting opinion
Concluding paragraph
50. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Professional judgment
Writ of certiorari
Subsequent case history
Model Rules of Professional Conduct