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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 summary of a court opinion that appears at the beginning of the case.
Proximate cause
Doctrine of implied powers
Syllabus
National Federation of Paralegal Associations (NFPA) www.paralegals.org
2. An intentional act that creates a harmful or offensive physical contact.
Legal writing
Limited jurisdiction
Battery
Verdict
3. The chronological publication of statutes at the end of a legislative session.
Full-text database
Concluding paragraph
Trial courts
Statutes at large or session laws
4. 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
Rule 56 motion (summary judgment motion)
Personal property
Documentary evidence
Product misuse
5. 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.
Limited jurisdiction
Overrule
Legal Research
Transition
6. The power of a court to hear a particular type of case.
Prima facie case
Subject matter jurisdiction
Nolo contendere
Plea bargaining
7. In a case brief - facts that deal with what happened to the parties before the litigation began.
Partnership
Documentary evidence
Rule 56 motion (summary judgment motion)
Substantive facts
8. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Peremptory challenge
Authentication
Procedural law
Equity
9. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Stare decisis
Affirm
Entrapment
Major premise
10. The revocation of an attorney's license.
Implied warranty of habitability
Battered woman's or spouse's syndrome
Disbarment
Questions of fact
11. A suspicion based on specific facts; less than probable cause.
Booking
Reasonable suspicion
U.S. district courts
Codification
12. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Popular name table
Writ of certiorari
Legal technician
Quiet enjoyment
13. The power of the federal courts to hear matters of federal law.
Concurrent jurisdiction
Authentication
Federal question jurisdiction
Full-text searches
14. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Diversity jurisdiction
Easement
Personal property
Professional judgment
15. A constitutional protection against being tried twice for the same crime.
Paralegal
Clearly erroneous
Void for vagueness
Double jeopardy
16. A law promulgated by an administrative agency.
Legal technician
Regulation
Agent
Westlaw
17. 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.
Remand
Discovery
Federalism
Deductive reasoning
18. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Suspension
Assumption
Rule 56 motion (summary judgment motion)
Miranda warnings
19. A court opinion that establishes new law in an important area.
Federalism
Entrapment
Joint tenancy
Landmark decision
20. 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.
Westlaw
Implied warranty of habitability
Pretrial motion
Subpoena
21. The power of a court to force a person to appear before it.
Personal jurisdiction
No-knock warrant
Legal malpractice
Official reporter
22. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Duress
Appellate brief
Respondeat superior
23. Federal and state rules that regulate how criminal proceedings are conducted.
Mistrial
Rules of criminal procedure
Irresistible impulse test
Headnote
24. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Hourly rate
Materiality
Guardian
Assumption of the risk
25. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Certificated
Expert witness
Comparative negligence
Intellectual Property
26. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Exhaustion of administrative remedies
Reversible error
Separation of powers
Model Rules of Professional Conduct
27. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Concurring opinion
Arbitration
Plain view doctrine
Summary jury trials
28. The questioning of an opposing witness.
Jurisdiction
Cross-examination
Authentication
Syllabus
29. A person who initiates a lawsuit.
National Association of Legal Assistants (NALA) www.nala.org
Plaintiff
Primary authority
Third-party claim
30. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Client trust account
Issue
Dismissal with prejudice
Rules of evidence
31. The transfer of a case from one state court to a federal court.
Subpoena duces tecum
Removal
Exhaustion of administrative remedies
Constructive
32. A national voluntary organization of lawyers.
Writ of execution
Quiet enjoyment
American Bar Association (ABA) www.abanet.org
Respondeat superior
33. Evidence that is derived from an illegal search or interrogation is inadmissible.
Arbitration
Quiet enjoyment
Fruit of the poisonous tree doctrine
Deposition
34. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Complaint
Exclusive jurisdiction
Restrictive covenant
35. When a higher court agrees with what lower court has done.
Prior case history
Affirm
Hearsay
Void for vagueness
36. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Reverse
Entrapment
Enabling act
37. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Jurisdiction
Negligence
Affirm
38. Rules and regulations created by administrative agencies.
Judicial review
Proximate cause
Answer
Administrative law
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.
Liberal construction
Personal jurisdiction
Exclusionary rule
Writ of execution
40. 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.
Notice pleading
Derogation of the common law
Directed verdict
Appellate or petitioner
41. Law that regulates how the legal system operates.
Entrapment
Procedural law
Statutory element
Judicial notice
42. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Plain meaning
Certificated
Stop and frisk
43. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Civil law
Search engine
Plain meaning
Charging the jury
44. A defense requiring proof that the defendant was not mentally responsible.
Appellate or petitioner
Insanity defense
Retainer agreement
Successive conflict of interest
45. Liability without having to prove fault.
Duress
Strict liability
Property law
Appellant or petitioner
46. A compilation of federal administrative regulations arranged by agency.
Retainer agreement
Constructive
Peremptory challenge
Code of Federal Regulations (C.F.R.)
47. Voluntarily and knowingly subjecting oneself to danger.
Judicial notice
U.S. Supreme Court
Open Questions
Assumption of the risk
48. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Remand
Case citation
Affirm
Persuasive authority
49. 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.
Motion to require a finding of not guilty
Fixed Fee
Lay witness
Probable cause
50. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Procedural facts
Deponent
Substantive law
Substantial capacity test