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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 person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Best evidence rule
Common law
Guardian
Full-text database
2. A book that contains court opinion headnotes arranged by subject matter.
Booking
Transition
Reverse
Digest
3. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Road Map paragraph
Directed verdict
Power of judicial review
Arraignment
4. 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
Statutes of limitations
Expert witness
Codification of the common law
5. A defense whereby the defendant offers new evidence to avoid judgment.
Writ of execution
Dissenting opinion
Statute
Affirmative defense
6. General principles that guide the courts in their interpretation of statutes.
Summons
Code
Questions of fact
Canons of construction
7. 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.
Affirm
Duress
Overrule
Reprimand or censure
8. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Bill of Rights
Nolo contendere
Headnote
Transition
9. A compilation of federal administrative regulations arranged by agency.
Probable cause
Agent
Canons of construction
Code of Federal Regulations (C.F.R.)
10. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Slip laws
Fruit of the poisonous tree doctrine
Comparative negligence
Grand jury
11. Generally accepted legal principles.
Testimonial evidence
Stop and frisk
Black-letter law
On all fours
12. Disregarding a substantial and unjustifiable risk that harm will result.
Common law
Legal services offices
Diversity jurisdiction
Recklessness
13. A set charge for a specific service - such as drafting a simple will.
Canons of construction
Fixed Fee
Slip laws
Cross-claim
14. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Slip laws
Actus rea
Strict construction
15. A person who permits or directs another person to act on the principal's behalf.
Principle
Federal question jurisdiction
Cross-examination
Materiality
16. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Lay witness
Overrule
American Bar Association (ABA) www.abanet.org
Concurrent conflict of interest
17. The number of hours - or parts of an hour - that can be charged to a specific client.
Suspension
Comparative negligence
Statutes of limitations
Billable hours
18. A person who initiates an appeal.
Notice pleading
Secondary authority
Punitive damages
Appellant or petitioner
19. An opinion in which a majority of the court joins.
Majority opinion
Legal technician
U.S. Supreme Court
Motion to suppress
20. Law that deals with harm to a person or a person's property.
Notice pleading
Citation
Legal malpractice
Tort law
21. 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.
Judgment notwithstanding the verdict (judgment N.O.V.)
Certificated
Motion to require a finding of not guilty
Punitive damages
22. Federal and state rules that govern the admissibility of evidence in court.
Corroborative evidence
Rules of evidence
Constitutional law
Professional judgment
23. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Limited jurisdiction
Remedial statute
Complaint
Verification
24. The power of government to take private property for public purposes.
Eminent Domain
Notice pleading
Statute in derogation of the common law
Regulation
25. A special type of joint tenancy applicable only to married couples.
Injunction
Corroborative evidence
Tenancy by the entirety
Prior case history
26. The pleading that begins a lawsuit.
Complaint
Intellectual Property
Judicial notice
Dismissal with prejudice
27. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Guardian
Rule
On point
28. Someone who has the power to act in the place of another.
Summary jury trials
Agent
Substantial capacity test
Pattern jury instructions
29. A business run by two or more persons as co-owners.
Doctrine of implied powers
Motion to require a finding of not guilty
Double jeopardy
Partnership
30. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Active Listening
Major premise
Invasion of Privacy
31. A constitutional protection against being tried twice for the same crime.
Assumption of the risk
Persuasive authority
Double jeopardy
Reverse
32. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Model Rules of Professional Conduct
Preponderance of the evidence
Dismissal with prejudice
Materiality
33. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Assumption of the risk
Unofficial reporter
Equity
34. Written questions sent by one side to the opposing side - answered under oath.
Annotated statutes
General jurisdiction
Interrogatories
Reverse
35. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Duress
Bailment
U.S. Supreme Court
36. Money is awarded to a plaintiff in payment for his or her actual losses.
Subsequent case history
Corroborative evidence
Compensatory damages
Materiality
37. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Plain view doctrine
Evidence
Overbreadth
Comparative negligence
38. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Separation of powers
Procedural facts
Retainer agreement
39. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Legal Reasoning
Contributory negligence
Shepardizing
Judgment proof
40. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
False imprisonment
Insanity defense
Direct examination
41. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Civil law
Personal property
Stare decisis
42. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Citing case
Verification
Charging the jury
Trial courts
43. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Damages
Writ of certiorari
Quiet enjoyment
Overrule
44. Law that creates rights and duties.
Substantive law
Pretrial conference
Trial courts
Negligence
45. 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.
Eminent Domain
Plain view doctrine
Constitutional law
Certified
46. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Subpoena
Criminal law
Narrow Holding
Cause of action
47. 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.
Broad holding
Clear and convincing
Full-text database
Statute
48. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Search engine
Remand
Lay witness
Products liability
49. 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.
Disposition
Ethical wall or screen or cone of silence
Writ of habeas corpus
Minimum contacts
50. 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.
Battered woman's or spouse's syndrome
Pinpoint cite
Legislative history
Exculpatory evidence