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. An advance or down payment that is given to engage the services of an attorney.
Assault
Retainer
Statutes at large or session laws
Nominal damages
2. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Assault
Overrule
Affirm
Counterclaim
3. The rule requiring that the original document be produced at trial.
Substantive law
Harmless error
Direct evidence
Best evidence rule
4. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Structured database
Execute
Deductive reasoning
Road Map paragraph
5. A separable part of a statute that must be satisfied for the statute to apply.
Void for vagueness
Complaint
Assumption of the risk
Statutory element
6. 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.
Arbitration
Preemption
Clear and convincing
Popular name table
7. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Real Property
Power of judicial review
Full-text searches
Search engine
8. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Punitive damages
Clear and convincing
Guardian
9. A witness who has not been shown to have any special expertise.
Removal
Lay witness
Miranda warnings
Conflict of interest
10. A court order requiring a person to appear to testify at a trial or deposition.
National Association of Legal Assistants (NALA) www.nala.org
Westlaw
Rules of criminal procedure
Subpoena
11. 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.
Insanity defense
Summary jury trials
Reverse
Testimonial evidence
12. A computerized database that contains key information about the content of documents - such as medical records.
Rules of evidence
Pattern jury instructions
Structured database
Property law
13. A court's prior permission for the police to search and seize.
Pocket part
Trial courts
Slip laws
Warrant
14. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Respondeat superior
Affirmative defense
Annotated statutes
Regulation
15. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Void for vagueness
Dismissal with prejudice
Statute
16. A canon of construction meaning 'of the same class.:
Ejusdem generis
Motion to require a finding of not guilty
Westlaw
Caption
17. A repeat offender; one who continues to commit more crimes.
Registration
Recidivist
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Trial courts
18. Not factually true - but accepted by the courts as being legally true.
Dissenting opinion
Constructive
Proving a case within a case
Issue
19. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Reverse
Void for vagueness
Professional judgment
Assumption of the risk
20. 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.
Dissenting opinion
Federalism
Property
Judicial activism
21. An opinion in which a majority of the court joins.
Verdict
Majority opinion
Successive conflict of interest
Challenge for cause
22. A worldwide network of computer networks.
Statute in derogation of the common law
Internet
Service
Remand
23. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Structured database
Affirmative defense
Standing
24. The highest federal appellate court - consisting of nine appointed members.
Direct examination
U.S. Supreme Court
Authentication
Notice pleading
25. A reason for invalidating a statute where it covers both protected and criminal activity.
Digest
Overbreadth
Enabling act
Professional Corporation (PC)
26. The failure to act reasonably under the circumstances.
Negligence
Retainer agreement
Federalism
Subsequent case history
27. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Partnership
Federal question jurisdiction
Voir dire
Valid
28. The party in a case against whom an appeal has been filed.
Contributory negligence
Ethical wall or screen or cone of silence
Appellee or respondent
Fixed Fee
29. A business run by two or more persons as co-owners.
Partnership
Unofficial reporter
Ejusdem generis
Corroborative evidence
30. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Judicial notice
Bailment
Count
Westlaw
31. The party in a lawsuit against whom an appeal has been filed.
Res ipsa loquitur
Majority opinion
Defendant
Appellee or respondent
32. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Recklessness
Guardian
Certificated
Remand
33. A fee calculated as a percentage of the settlement or award in the case.
Lay witness
Attorney-client privilege
Contingency Fee
No-knock warrant
34. A defense requiring proof that the defendant was not mentally responsible.
Arraignment
Motion in limine
Pleadings
Insanity defense
35. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Personal jurisdiction
Respondeat superior
Charging the jury
36. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Subpoena duces tecum
Certified
Service
37. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Exculpatory clause
Ethical wall or screen or cone of silence
Freelance Paralegal
Concurring opinion
38. A pamphlet inserted into the back of a book containing information new since the volume was published.
Stop and frisk
Holding
Arraignment
Pocket part
39. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Assault
Subsequent case history
Retainer
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.
Directed verdict
Legal fiction
No-knock warrant
Appellee or respondent
41. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Reverse
Confidentiality
Comparative negligence
Challenge for cause
42. When only one court has the power to hear a case.
Summons
Exclusive jurisdiction
Major premise
Treatment
43. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Subsequent case history
Legal services offices
Nominal damages
44. A claim by the defendant against the plaintiff.
Subsequent case history
Counterclaim
Tenancy by the entirety
Joint tenancy
45. A request that the court order that certain information not be mentioned in the presence of the jury.
Bailment
Slip laws
Secondary authority
Motion in limine
46. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Statutes at large or session laws
Preponderance of the evidence
Fruit of the poisonous tree doctrine
Legal Reasoning
47. A person who initiates a lawsuit.
Plaintiff
Nominal damages
Exclusionary rule
Reasonable suspicion
48. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Road Map paragraph
Reverse
En banc
Res ipsa loquitur
49. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Restatement of the Law of Torts - Second
Stare decisis
Injunction
Inculpatory evidence
50. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Discovery
Peremptory challenge
Quiet enjoyment