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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. In a case brief - the rule of law applied to the case's specific facts.
Tickler System
Hourly rate
Issue
Direct evidence
2. A right to use property owned by another for a limited purpose.
Appellate or petitioner
Easement
Road Map paragraph
Rules of evidence
3. A person who permits or directs another person to act on the principal's behalf.
False imprisonment
Duress
Testimonial evidence
Principle
4. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Proximate cause
Specific performance
Loislaw
5. An approach whereby the courts give a statute a broad interpretation.
Real Property
Liberal construction
Hypertext links
Codification
6. A constitutional protection against being tried twice for the same crime.
Closed Questions
Federalism
Eminent Domain
Double jeopardy
7. Information that can be presented in a court of law as proof of some fact.
Affirm
Ethical wall or screen or cone of silence
Evidence
Statutory element
8. Evidence that is derived from an illegal search or interrogation is inadmissible.
Hypertext links
Fruit of the poisonous tree doctrine
Citing case
Negligence
9. The educated ability to apply law to specific facts.
Affirm
Professional judgment
Legal technician
Res ipsa loquitur
10. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Administrative law
Valid
Booking
Notice pleading
11. When an appellate court that normally sits in panels sits as a whole.
En banc
Intellectual Property
Necessity
Federalism
12. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Proving a case within a case
Necessity
Notice pleading
Overrule
13. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Subject matter jurisdiction
Actual cause
Analogous cases
Professional Corporation (PC)
14. When the defendant does not have sufficient money or other assets to pay the judgment.
Damages
Compulsory joinder
Testimonial evidence
Judgment proof
15. A trial conducted without a jury.
Leading question
Criminal law
Bench trial
Tort law
16. A witness who possesses skill and knowledge beyond that of the average person.
Negligence
Expert witness
Compensatory damages
Exclusionary rule
17. The purpose of the legislature at the time it enacted the statute.
Official reporter
Strict construction
Deductive reasoning
Legislative intent
18. A reason for invalidating a statute where it covers both protected and criminal activity.
Assumption of the risk
Dismissal with prejudice
U.S. district courts
Overbreadth
19. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Reverse
Vicarious representation
Cross-examination
Certified
20. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Restatement of the Law of Torts - Second
Respondeat superior
Warrant
21. The power of a court to hear a particular type of case.
Procedural facts
Corroborative evidence
Subject matter jurisdiction
Power of judicial review
22. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Res ipsa loquitur
Assault
Popular name table
Negligence
23. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Dissenting opinion
Retainer
Implied warranty of habitability
24. Also known as real estate; land and items growing on or permanently attached to that land.
Digest
Motion to require a finding of not guilty
Real Property
Lay witness
25. A book that contains court opinion headnotes arranged by subject matter.
Concurring opinion
Remand
Digest
U.S. district courts
26. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Official reporter
Voir dire
Arraignment
Conflict of interest
27. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Rules of evidence
Legal Reasoning
Case reporters
Nominal damages
28. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Affirm
Judicial review
Deductive reasoning
29. A grand jury's written accusation that a given individual has committed a crime.
Strict liability
Subject matter jurisdiction
Indictment
Writ of execution
30. 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.
No-knock warrant
Mens rea
Broad holding
Code
31. Cases that involve similar facts and rules of law.
Personal recognizance bond
Irresistible impulse test
Analogous cases
Full-text database
32. 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.
Minimum contacts
Black-letter law
Documentary evidence
Voir dire
33. 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.
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34. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Exclusionary rule
Circumstantial evidence
Assault
On point
35. Disregarding a substantial and unjustifiable risk that harm will result.
Assumption
Recklessness
Bail
Constitutional law
36. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Annotated statutes
Concurrent jurisdiction
per curium
Comparative negligence
37. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Comparative negligence
Transition
Annotated statutes
Proving a case within a case
38. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Case reporters
M'Naghten test
Defamation
Probable cause
39. A statute establishing and setting out the powers of an administrative agency.
Tenancy by the entirety
Quiet enjoyment
Enabling act
Concurring opinion
40. Evidence that does not add any new information but that confirms facts that already have been established.
Exigent circumstances
Cumulative evidence
Shepardizing
Tenancy by the entirety
41. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Holding
Pleadings
Pocket part
Road Map paragraph
42. Not factually true - but accepted by the courts as being legally true.
Void for vagueness
Minor premise
Constructive
Eminent Domain
43. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Mediation
Bail
Probable cause
per curium
44. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Annotated statutes
Relevancy
Entrapment
En banc
45. A repeat offender; one who continues to commit more crimes.
Request for admissions
Real or physical evidence
Recidivist
Complaint
46. When a higher court agrees with what lower court has done.
Affirm
Specific performance
Summons
Holding
47. Standard used by appellate courts when reviewing a trial court's findings of fact.
Shepardizing
Injunction
Clearly erroneous
Cross-examination
48. 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.
Motion in limine
Answer
Legislative history
Necessity
49. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Nominal damages
Grand jury
Unofficial reporter
50. The chronological publication of statutes at the end of a legislative session.
Broad holding
Codification
Procedural law
Statutes at large or session laws