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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. The requirement that relief be sought from an administrative agency before proceeding to court.
Exclusive jurisdiction
Clear and convincing
Service
Exhaustion of administrative remedies
2. The general jurisdiction trial courts in the federal system.
Legislative history
Class action suit
U.S. district courts
Directed verdict
3. A term used to describe a case that is similar to another case.
Intellectual Property
On point
Motion for a new trial
Assumption
4. Generally accepted legal principles.
Rule
Consideration
Guardian
Black-letter law
5. A form in which statutes are published; they are printed individually at the time they are first enacted.
Legal fiction
Slip laws
Citing case
No-knock warrant
6. The tort theory that an employer can be sued for the negligent acts of its employees.
Res ipsa loquitur
Respondeat superior
Procedural facts
Shepardizing
7. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Punitive damages
Assumption
Professional Corporation (PC)
Substantive law
8. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Rules of criminal procedure
Appellate or petitioner
Popular name table
9. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Evidence
Quiet enjoyment
Writ of certiorari
10. The failure to act reasonably under the circumstances.
Negligence
Persuasive authority
Arraignment
American Bar Association (ABA) www.abanet.org
11. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Potential conflict
Primary authority
Certificated
12. A trial court error that is not sufficient to warrant reversing the decision.
Plain view doctrine
Harmless error
Liberal construction
Legal clinic
13. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Dismissal with prejudice
Legal Research
Grand jury
Arrest
14. A defense requiring proof that the defendant was not mentally responsible.
Appellate brief
Concurrent jurisdiction
Insanity defense
Legal Research
15. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Affirm
Suspension
Unauthorized practice of law
Judgment notwithstanding the verdict (judgment N.O.V.)
16. When an appellate court sends a case back to the trial court for a new trial or other action.
Bailment
Case reporters
Road Map paragraph
Remand
17. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Treatment
Proximate cause
Compensatory damages
Caption
18. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Judicial review
Contributory negligence
Subpoena duces tecum
Remedial statute
19. The justified use of force to protect oneself or others.
M'Naghten test
Self-defense
Attorney-client privilege
Summary jury trials
20. All property that is not real property.
Case citation
Personal property
Nominal damages
Warrant
21. 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.
Bench trial
Slip laws
Prima facie case
Mistrial
22. In a complaint - one cause of action.
Limited liability partnership (LLP)
Count
Contingency Fee
Plea bargaining
23. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Retreat exception
Limited jurisdiction
Judicial restraint
Minimum contacts
24. The educated ability to apply law to specific facts.
Harmless error
Judicial notice
Professional judgment
Closed Questions
25. A witness who possesses skill and knowledge beyond that of the average person.
Civil law
Expert witness
Codification
Negligence
26. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Internet
Canons of construction
Recidivist
27. Bad act.
Fixed Fee
Prima facie case
Actus rea
Lexis
28. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Headnote
Caption
Real or physical evidence
29. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Billable hours
Plea bargaining
Assumption of the risk
Legal technician
30. A request made to the court.
Proving a case within a case
Invasion of Privacy
Motion
Request for admissions
31. 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).
Joint tenancy
Probable cause
Diversity jurisdiction
Judicial restraint
32. A set charge for a specific service - such as drafting a simple will.
Narrow Holding
Arbitration
Fixed Fee
Distinguishable cases
33. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Duress
Clear and convincing
Code
Personal jurisdiction
34. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Road Map paragraph
Exculpatory clause
Grand jury
Cause of action
35. A compilation of federal administrative regulations arranged by agency.
Punitive damages
Concurring opinion
Compulsory joinder
Code of Federal Regulations (C.F.R.)
36. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Motion in limine
Constitutional law
Interrogatories
37. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Black-letter law
Pinpoint cite
Annotated statutes
Invasion of Privacy
38. In a case brief - the general legal principle in existence before the case began.
Cumulative evidence
Appellant or petitioner
Canons of construction
Rule
39. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Digest
On all fours
Competency
Warrant
40. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Miranda warnings
Cross-examination
Summons
41. Rules and regulations created by administrative agencies.
Administrative law
Headnote
Subsequent case history
Corroborative evidence
42. A reason for invalidating a statute where it covers both protected and criminal activity.
Westlaw
Overbreadth
Deponent
Proving a case within a case
43. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Subject matter jurisdiction
Major premise
Paralegal
Valid
44. A meeting of the attorneys and the judge prior to the beginning of the trial.
Billable hours
Pretrial conference
Client trust account
Exculpatory evidence
45. In logic - a belief that justifies one in arguing a conclusion.
Notice pleading
Hypertext links
Assumption
Hearsay
46. The questioning of your own witness.
Closed Questions
Direct examination
Holding
Judgment proof
47. The process of finding the law.
Legal Research
Harmless error
Minimum contacts
Summons
48. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Prior case history
Shepardizing
Federalism
Prima facie case
49. 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.
Affirmative defense
Notice pleading
Contributory negligence
Judicial notice
50. Any tangible object - like a bloody glove.
Real or physical evidence
Strict liability
Laws
Successive conflict of interest