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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 criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Entrapment
Beyond a reasonable doubt
Syllabus
Affirm
2. A national association of paralegal associations.
Subpoena duces tecum
Assumption of the risk
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Minor premise
3. The first ten amendments to the U.S. Constitution.
Retreat exception
Bill of Rights
Digest
Remand
4. Money is awarded to a plaintiff in payment for his or her actual losses.
Circumstantial evidence
Easement
Comparative negligence
Compensatory damages
5. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Negligence per se
Court of record
Insanity defense
Potential conflict
6. The law itself - such as statutes and court opinions.
Lay witness
Lexis
Primary authority
Treatment
7. The questioning of an opposing witness.
Legal malpractice
Affirmative defense
Charging the jury
Cross-examination
8. 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
Real property
Eminent Domain
U.S. Supreme Court
9. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Disposition
Motion to suppress
Entrapment
Full-text searches
10. A national voluntary organization of lawyers.
Negligence per se
Assault
American Bar Association (ABA) www.abanet.org
Case citation
11. Law that deals with harm to society as a whole.
Class action suit
Billable hours
Limited jurisdiction
Criminal law
12. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Restatement of the Law of Torts - Second
Judicial notice
Inculpatory evidence
Relevancy
13. 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.
Certified
Treatment
Count
Constructive eviction
14. A set charge for a specific service - such as drafting a simple will.
Registration
M'Naghten test
Fixed Fee
Judicial activism
15. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Real or physical evidence
Partnership
Strict construction
Subpoena duces tecum
16. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Civil law
Lexis
Legislative history
17. All property that is not real property.
Writ of execution
Personal property
Jurisdiction
Syllabus
18. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Legal technician
Contributory negligence
Jurisdiction
Verification
19. A warrant that allows the police to enter without announcing their presence in advance.
Certificated
U.S. district courts
Statutes at large or session laws
No-knock warrant
20. The failure to act reasonably under the circumstances.
Affirmative defense
Judicial activism
Legal technician
Negligence
21. In a complaint - one cause of action.
Clearly erroneous
Count
Hourly rate
Doctrine of implied powers
22. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Product misuse
Rules of criminal procedure
Property law
Professional Corporation (PC)
23. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Distinguishable cases
Plain meaning
Legal Research
Challenge for cause
24. A person who permits or directs another person to act on the principal's behalf.
Valid
Concurrent jurisdiction
Principle
Narrow Holding
25. A judicial philosophy that supports an active role for the judiciary in changing the law.
Potential conflict
Subpoena duces tecum
Judicial activism
Constructive
26. 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.
Procedural facts
Separation of powers
Nominal damages
Statute
27. A request made to the court.
Strict construction
Motion
Personal recognizance bond
Ejusdem generis
28. 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.
Direct evidence
Guardian
Personal property
Stop and frisk
29. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Defamation
Federalism
Nolo contendere
Vicarious representation
30. The power of a court to hear a case.
Headnote
Full-text database
Jurisdiction
Duress
31. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Inculpatory evidence
Cause of action
Direct evidence
Counterclaim
32. A right to use property owned by another for a limited purpose.
Freelance Paralegal
Void for vagueness
Caption
Easement
33. 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.
Compensatory damages
Annotated statutes
Arraignment
Jurisdiction
34. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Digest
Mistrial
Partnership
Injunction
35. All property that is not real property.
Direct evidence
Legal fiction
Personal property
Dismissal with prejudice
36. Federal and state rules that govern the admissibility of evidence in court.
Affirm
Rules of evidence
Original jurisdiction
Freelance Paralegal
37. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Popular name table
Minor premise
Punitive damages
Legal Research
38. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Legal fiction
Guardian
Registration
Distinguishable cases
39. A statement in a judicial opinion not necessary for the decision of the case.
Closed Questions
Punitive damages
Dictum
Injunction
40. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Comparative negligence
Class action suit
Contingency fee
41. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Lay a foundation
Real Property
Cross-examination
42. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Criminal law
Materiality
Duress
Caption
43. A special type of joint tenancy applicable only to married couples.
Certified
Probable cause
Tenancy by the entirety
Substantive law
44. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Verification
Necessity
Loislaw
Headnote
45. An opinion that agrees with the majority's result but disagrees with the reasoning.
Landmark decision
American Bar Association (ABA) www.abanet.org
Concurring opinion
Res ipsa loquitur
46. Proof that the evidence is what it is said to be.
Cause of action
Certified
Implied warranty of habitability
Authentication
47. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Writ of certiorari
Ejusdem generis
Holding
Beyond a reasonable doubt
48. The new legal principle established by a court opinion.
Materiality
Clear and convincing
Irresistible impulse test
Holding
49. The rules whereby all members of a law firm are treated as though they had represented the former client.
Warrant
Statute of limitations
Vicarious representation
Remedial statute
50. A method for excusing a prospective juror; no reason need be given.
Property law
Statute of limitations
Minor premise
Peremptory challenge