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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 court's answer to the issue presented to it; the new legal principle established by a court opinion.
Discovery
Holding
Analogous cases
Constructive eviction
2. The power of a court to hear a case.
Dissenting opinion
Respondeat superior
Jurisdiction
Joint tenancy
3. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Rules of evidence
Unofficial reporter
Laws
Booking
4. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Double jeopardy
Pocket part
Negligence
Invasion of Privacy
5. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Limited liability partnership (LLP)
Narrow Holding
Irresistible impulse test
Persuasive authority
6. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Legal Reasoning
Materiality
Subsequent case history
Legal clinic
7. 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.
Major premise
Treatment
Motion to suppress
Rule
8. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Duress
Circumstantial evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
Direct evidence
9. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Reverse
Entrapment
Primary authority
Ethical wall or screen or cone of silence
10. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Active Listening
Overrule
Leading question
Tort law
11. A suspicion based on specific facts; less than probable cause.
Retainer
Reasonable suspicion
Judgment notwithstanding the verdict (judgment N.O.V.)
Primary authority
12. 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.
U.S. district courts
Common law
Procedural facts
Headnote
13. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Stop and frisk
Cross-claim
Judicial review
Intentional tort
14. Someone who has the power to act in the place of another.
Battery
Exclusive jurisdiction
Agent
Issue
15. A book that contains court opinion headnotes arranged by subject matter.
Digest
Subpoena duces tecum
Competency
Direct evidence
16. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Joint tenancy
Majority opinion
Documentary evidence
17. The transfer of a case from one state court to a federal court.
Removal
Property
Reverse
Judgment proof
18. A court's power to hear only specialized cases.
Legal services offices
Full-text searches
Limited jurisdiction
Defamation
19. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Lay a foundation
Authentication
Void for vagueness
Nominal damages
20. Courts that determine the facts and apply the law to the facts.
Landmark decision
Remand
Mens rea
Trial courts
21. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Retainer agreement
Syllabus
Deductive reasoning
Intellectual Property
22. A court order requiring a person to appear to testify at a trial or deposition.
Full-text searches
Mediation
Subpoena
Strict construction
23. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Class action suit
Minor premise
Remedial statute
Issue
24. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Double jeopardy
Tort law
Federal question jurisdiction
Road Map paragraph
25. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Mistrial
Double jeopardy
Challenge for cause
Remand
26. Law that deals with harm to society as a whole.
Criminal law
Pattern jury instructions
Primary authority
Competency
27. Generally - an emergency situation that allows a search to proceed without a warrant.
Punitive damages
Bill of Rights
Void for vagueness
Exigent circumstances
28. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Derogation of the common law
Fruit of the poisonous tree doctrine
Judgment notwithstanding the verdict (judgment N.O.V.)
Reversible error
29. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Bill of Rights
Appellate or petitioner
Legislative intent
30. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Strict liability
Concurring opinion
Direct examination
31. A calendering system that records key dates and important deadlines.
Arraignment
Landmark decision
Constructive eviction
Tickler System
32. A request that the court prohibit the use of certain evidence at the trial.
Reasonable suspicion
Motion to suppress
Lay a foundation
Exculpatory evidence
33. Federal and state rules that govern the admissibility of evidence in court.
Treatment
Rules of evidence
Headnote
Probable cause
34. A defendant's personal promise to appear in court.
Common law
Personal recognizance bond
American Bar Association (ABA) www.abanet.org
U.S. Court of Appeals
35. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Judicial activism
Shepardizing
Personal jurisdiction
Lay advocate
36. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Injunction
Alternative dispute resolution (ADR)
Joint tenancy
Conflict of interest
37. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Mediation
Proving a case within a case
Concurring opinion
Deductive reasoning
38. A bank account used to hold money belonging to the client or to a third party.
Loislaw
Lay witness
Client trust account
Exigent circumstances
39. A national organization of paralegal programs that promotes high standards for paralegal education.
Void for vagueness
American Association for Paralegal Education (AAfPE) www.aafpe.org
Harmless error
Removal
40. Disregarding a substantial and unjustifiable risk that harm will result.
Doctrine of implied powers
Rule
Recklessness
Power of judicial review
41. Violation of a statute as proof of negligence
Answer
Negligence per se
Mandatory authority
Digest
42. 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.
Documentary evidence
Pattern jury instructions
Appellee or respondent
Federalism
43. The process of legislative enactment of areas of the law previously governed solely by the common law.
Reasonable suspicion
Easement
Codification of the common law
Digest
44. The failure of an attorney to act reasonably.
Legal malpractice
Nominal damages
Hypertext links
Headnote
45. A judicial philosophy that supports an active role for the judiciary in changing the law.
Confidentiality
Reverse
Judicial activism
Alternative dispute resolution (ADR)
46. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Battered woman's or spouse's syndrome
Alternative dispute resolution (ADR)
Case reporters
47. An actual incident or condition; not a legal consequence.
Fact
On point
Warrant
Legislative history
48. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Arrest
Court of record
Notice pleading
Property law
49. Evidence that supports previous testimony but that comes in a different form.
Real Property
Compulsory joinder
Reprimand or censure
Corroborative evidence
50. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Common law
Intentional tort
Actual cause
On all fours