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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 standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Consideration
Clear and convincing
Major premise
Unofficial reporter
2. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Strict construction
Arbitration
Concurring opinion
Statutes of limitations
3. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Code
Judicial restraint
Attorney-client privilege
Freelance Paralegal
4. Indirect evidence - used to prove facts by implication.
Questions of fact
Circumstantial evidence
Minimum contacts
Comparative negligence
5. The failure to act reasonably under the circumstances.
Negligence
Issue of first impression
Contract
Strict construction
6. A business run by two or more persons as co-owners.
Defamation
Partnership
Reverse
Deponent
7. The process of legislative enactment of areas of the law previously governed solely by the common law.
Negligence
Confidentiality
Plea bargaining
Codification of the common law
8. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Primary authority
Punitive damages
Injunction
Canons of construction
9. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Writ of execution
Preemption
Major premise
Billable hours
10. The questioning of your own witness.
Nominal damages
Direct examination
Holding
Unauthorized practice of law
11. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
Injunction
Civil law
Power of judicial review
12. A reason for invalidating a statute where it covers both protected and criminal activity.
Property law
Reverse
Judgment proof
Overbreadth
13. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Full-text database
Stare decisis
Judgment notwithstanding the verdict (judgment N.O.V.)
Legal technician
14. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Reprimand or censure
Summons
Shepardizing
Void for vagueness
15. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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16. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Conflict of interest
Battered woman's or spouse's syndrome
Issue of first impression
17. A constitutional protection against being tried twice for the same crime.
Appellate courts
Harmless error
Double jeopardy
Expert witness
18. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Subpoena duces tecum
No-knock warrant
Verification
Common law
19. 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.
Irresistible impulse test
Legal technician
Statute of limitations
Actus rea
20. 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.
Writ of certiorari
Miranda warnings
Consideration
Contingency Fee
21. A method for excusing a prospective juror; no reason need be given.
Arraignment
Reversible error
Peremptory challenge
Real property
22. The failure of an attorney to act reasonably.
Writ of execution
Affirm
Criminal law
Legal malpractice
23. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
U.S. district courts
Evidence
Service
24. The rule that in order to claim self-defense there must have been no possibility of retreat.
Intellectual Property
Citation
Retreat exception
Removal
25. Specific questions that usually demand very short or yes-no answers.
Negligence
Counterclaim
Syllabus
Closed Questions
26. A statute establishing and setting out the powers of an administrative agency.
False imprisonment
Damages
Enabling act
Bail
27. An opinion that agrees with the majority's result but disagrees with its reasoning.
Billable hours
Concurring opinion
Caption
Tenancy by the entirety
28. Summary of one legal point in a court opinion; written by the editors at West.
Statutes at large or session laws
Headnote
Mens rea
Irresistible impulse test
29. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Charging the jury
Defendant
Lexis
30. An agreement supported by consideration.
Contract
Judicial review
Statute of limitations
Search engine
31. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Primary authority
Professional judgment
Administrative law
32. In logic - a belief that justifies one in arguing a conclusion.
Assumption
General jurisdiction
Best evidence rule
Fruit of the poisonous tree doctrine
33. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Dismissal with prejudice
Code of Federal Regulations (C.F.R.)
Disposition
Hearsay
34. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Booking
Legislative intent
Specific performance
35. A provision that purports to waive liability.
Remedial statute
Exculpatory clause
Fixed Fee
Code
36. Being informed of some act done or about to be done.
Road Map paragraph
Notice
Concurrent conflict of interest
Exclusionary rule
37. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Transition
Summary jury trials
Distinguishable cases
Valid
38. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Attorney-client privilege
Substantive facts
Voir dire
Interrogatories
39. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Summons
Subsequent case history
Corroborative evidence
Product misuse
40. Courts that determine the facts and apply the law to the facts.
Common law
Trial courts
Intentional tort
Materiality
41. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Digest
Entrapment
Authentication
42. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Intentional tort
Headnote
Professional judgment
43. A constitutional protection against being tried twice for the same crime.
Guardian
Affirm
Double jeopardy
Negligence
44. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
M'Naghten test
Request for admissions
Stop and frisk
International Paralegal Management Association (IPMA) www.paralegal management.org
45. When only one court has the power to hear a case.
Exclusive jurisdiction
Appellee or respondent
Plain meaning
Unofficial reporter
46. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Rule 56 motion (summary judgment motion)
Answer
Federal question jurisdiction
47. A request that the court order that certain information not be mentioned in the presence of the jury.
Service
Motion in limine
Professional judgment
Appellate or petitioner
48. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Beyond a reasonable doubt
Competency
Execute
Res ipsa loquitur
49. Not factually true - but accepted by the courts as being legally true.
Constructive
Tickler System
Request for admissions
International Paralegal Management Association (IPMA) www.paralegal management.org
50. A request made to the court.
Minor premise
Motion
Personal property
Plea bargaining