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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 set charge for a specific service - such as drafting a simple will.
Substantive law
Adverse possession
Fixed Fee
M'Naghten test
2. The questioning of an opposing witness.
Defamation
Quiet enjoyment
Cross-examination
Request for admissions
3. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Nominal damages
Proving a case within a case
Contributory negligence
Lay witness
4. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Indictment
Professional Corporation (PC)
Real property
Active Listening
5. When a higher court agrees with what lower court has done.
Exculpatory evidence
Affirm
Full-text database
Necessity
6. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Best evidence rule
Major premise
Assumption of the risk
7. Establishes a direct link to the event that must be proven.
Subsequent case history
Direct evidence
Dissenting opinion
Materiality
8. An opinion that disagrees with the majority's decision and reasoning.
12(b)(6) motion
Dissenting opinion
Verification
Joint tenancy
9. 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.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Narrow Holding
Transition
Proving a case within a case
10. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Concurring opinion
Motion in limine
Motion to require a finding of not guilty
Certificated
11. 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.
Canons of construction
Motion for a new trial
Liberal construction
Loislaw
12. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Lexis
Deposition
Directed verdict
Invasion of Privacy
13. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Stop and frisk
Summons
Reverse
Holding
14. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Writ of habeas corpus
Voir dire
Clearly erroneous
Verdict
15. 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.
Property law
Attorney-client privilege
Broad holding
Retreat exception
16. A constitutional protection against being tried twice for the same crime.
Insanity defense
Preponderance of the evidence
Lay a foundation
Double jeopardy
17. In a case brief - the rule of law applied to the case's specific facts.
Direct examination
Issue
Verification
Substantial capacity test
18. A worldwide network of computer networks.
Bail
Pleadings
Loislaw
Internet
19. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Court of record
Attorney-client privilege
Substantive law
Nolo contendere
20. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
American Bar Association (ABA) www.abanet.org
Legal writing
Subpoena
Indictment
21. A defense whereby the defendant offers new evidence to avoid judgment.
Specific performance
Primary authority
Affirmative defense
Probable cause
22. The questioning of your own witness.
Federalism
Direct examination
Exculpatory evidence
Structured database
23. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Common law
M'Naghten test
Reverse
Joint tenancy
24. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Invasion of Privacy
American Association for Paralegal Education (AAfPE) www.aafpe.org
Judgment proof
Cross-examination
25. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Evidence
Lay a foundation
Comparative negligence
26. Books that contain appellate court decisions. There are both official and unofficial reporters.
Motion
Subpoena
Case reporters
Invasion of Privacy
27. A special type of joint tenancy applicable only to married couples.
Appellee or respondent
Writ of execution
Tenancy by the entirety
Hypertext links
28. A person who initiates a lawsuit.
Retainer agreement
Plaintiff
Reasonable suspicion
Tenancy in common
29. 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.
Caption
Statute of limitations
Motion
Deponent
30. Evidence that is derived from an illegal search or interrogation is inadmissible.
Property
Fruit of the poisonous tree doctrine
Digest
Compensatory damages
31. A request made to the court.
Third-party claim
Rule 56 motion (summary judgment motion)
Motion
Broad holding
32. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Analogous cases
Criminal law
Constitutional law
Third-party claim
33. 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
Tenancy by the entirety
Liberal construction
Evidence
34. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Digest
Standing
Citing case
Subsequent case history
35. An opinion that disagrees with the majority's decision and its reasoning.
Class action suit
Dissenting opinion
Bail
Substantive law
36. A term used to describe a case that is similar to another case.
On point
Reverse
Stop and frisk
Rule 56 motion (summary judgment motion)
37. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Consideration
Legal technician
Mediation
Motion in limine
38. A statute that changes the common law.
Majority opinion
Statute in derogation of the common law
Counterclaim
Syllabus
39. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Indictment
Negligence per se
Punitive damages
Annotated statutes
40. 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.
Preponderance of the evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
Contributory negligence
Lay witness
41. When an appellate court overturns or negates the decision of a lower court.
Harmless error
Statutes at large or session laws
Concluding paragraph
Reverse
42. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Judgment notwithstanding the verdict (judgment N.O.V.)
Clearly erroneous
Remand
Pretrial motion
43. When more than one court has jurisdiction to hear a case.
Limited jurisdiction
Rules of evidence
Concurring opinion
Concurrent jurisdiction
44. The general jurisdiction trial courts in the federal system.
Federalism
U.S. district courts
Holding
Double jeopardy
45. Cases that involve different facts and/or rules of law.
Ejusdem generis
Exculpatory evidence
Distinguishable cases
Leading question
46. Rules of conduct promulgated and enforced by the government.
Fixed Fee
Successive conflict of interest
Derogation of the common law
Laws
47. The opinion of a jury on a question of fact.
Mens rea
Verdict
Constructive
Legislative history
48. A constitutional protection against being tried twice for the same crime.
Preemption
Statute in derogation of the common law
Double jeopardy
Irresistible impulse test
49. The new legal principle established by a court opinion.
Statute in derogation of the common law
Disbarment
Holding
Remand
50. In a complaint - one cause of action.
Reverse
U.S. Supreme Court
Count
Peremptory challenge