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. A term used to describe a case that is similar to another case.
On point
Invasion of Privacy
On all fours
Exculpatory evidence
2. The first ten amendments to the U.S. Constitution.
Bill of Rights
Tenancy in common
Guardian
Billable hours
3. The person who is being asked questions at a deposition.
Deponent
Verification
Tenancy by the entirety
Constructive eviction
4. A defense requiring proof that the defendant was not mentally responsible.
Pattern jury instructions
Pretrial conference
Property
Insanity defense
5. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Duress
Constructive eviction
Mediation
6. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Liberal construction
Codification
Indictment
7. A temporary transfer of personal property to someone other than the owner for a specified purpose.
U.S. district courts
Nominal damages
Bailment
Legal Reasoning
8. An opinion that disagrees with the majority's decision and its reasoning.
Stop and frisk
Dissenting opinion
U.S. Court of Appeals
Unauthorized practice of law
9. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Service
Confidentiality
Certificated
Billable hours
10. Courts that determine whether lower courts have made errors of law.
Proving a case within a case
Legal malpractice
Rule 56 motion (summary judgment motion)
Appellate courts
11. Any tangible object - like a bloody glove.
Pocket part
Fruit of the poisonous tree doctrine
Analogous cases
Real or physical evidence
12. When an appellate court that normally sits in panels sits as a whole.
Nominal damages
Double jeopardy
En banc
Laws
13. Consists of records - contracts - leases - wills - and other written instruments.
Quiet enjoyment
Cause of action
Documentary evidence
Real or physical evidence
14. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
15. A court opinion that establishes new law in an important area.
Codification
American Bar Association (ABA) www.abanet.org
Motion to require a finding of not guilty
Landmark decision
16. Written questions sent by one side to the opposing side - answered under oath.
Nolo contendere
Appellate courts
Official reporter
Interrogatories
17. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Authentication
Pleading in the alternative
Products liability
Tenancy in common
18. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Injunction
Cumulative evidence
Doctrine of implied powers
Legal writing
19. When an appellate court overturns or negates the decision of a lower court.
Exigent circumstances
Miranda warnings
Third-party claim
Reverse
20. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Freelance Paralegal
Cumulative evidence
Legal writing
Proving a case within a case
21. Court decisions from a higher court in the same jurisdiction.
Consideration
Professional judgment
On all fours
Mandatory authority
22. The publication of false statements that harm a person's reputation.
Strict construction
Defamation
Consideration
Diversity jurisdiction
23. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Pocket part
Cross-examination
Contributory negligence
24. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
Duress
Dissenting opinion
Evidence
25. The power of a court to hear a particular type of case.
Full-text searches
Subject matter jurisdiction
Professional Corporation (PC)
Testimonial evidence
26. 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.
Assault
Class action suit
Adverse possession
Suspension
27. A national voluntary organization of lawyers.
Substantive facts
Road Map paragraph
American Bar Association (ABA) www.abanet.org
Damages
28. 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.
Analogous cases
Majority opinion
Judicial restraint
Prior case history
29. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Narrow Holding
Removal
Full-text searches
Restrictive covenant
30. The party in a case against whom an appeal has been filed.
Landmark decision
Hourly rate
Judicial notice
Appellee or respondent
31. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Recklessness
per curium
Harmless error
Constitutional law
32. 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.
Procedural law
Judicial review
Federalism
U.S. Court of Appeals
33. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
En banc
Defendant
Concurring opinion
Cumulative evidence
34. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Request for admissions
Mediation
Unauthorized practice of law
Testimonial evidence
35. An opinion that agrees with the majority's result but disagrees with the reasoning.
Request for admissions
Concurring opinion
Complaint
Double jeopardy
36. A trial court error that is not sufficient to warrant reversing the decision.
Rule 56 motion (summary judgment motion)
Harmless error
Exigent circumstances
Equity
37. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Tickler System
Affirm
Popular name table
38. 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.
Overrule
Judicial activism
Federalism
Contributory negligence
39. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Original jurisdiction
Exclusionary rule
Motion to require a finding of not guilty
U.S. Supreme Court
40. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Class action suit
Clear and convincing
Injunction
41. A witness who possesses skill and knowledge beyond that of the average person.
Restatement of the Law of Torts - Second
Fixed Fee
Structured database
Expert witness
42. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Leading questions
Codification
Assault
Disbarment
43. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Expert witness
Service
Affirmative defense
Equity
44. The power of government to take private property for public purposes.
Rule
Eminent Domain
Mandatory authority
National Association of Legal Assistants (NALA) www.nala.org
45. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Compensatory damages
Exhaustion of administrative remedies
Mediation
Constructive eviction
46. 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.
Punitive damages
Verification
Bench trial
Prima facie case
47. 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.
Discovery
Suspension
Legal technician
Contributory negligence
48. 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.
Affirmative defense
Charging the jury
Broad holding
Certified
49. When a higher court agrees with what lower court has done.
Real or physical evidence
Exculpatory clause
Subpoena duces tecum
Affirm
50. A token sum awarded when liability has been found but monetary damages cannot be shown.
Retainer agreement
Strict liability
Nominal damages
Standing