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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 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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2. The pleading that begins a lawsuit.
Personal jurisdiction
Complaint
U.S. district courts
Motion
3. Any tangible object - like a bloody glove.
Federal question jurisdiction
Remand
Real or physical evidence
Battered woman's or spouse's syndrome
4. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Structured database
Subsequent case history
Pattern jury instructions
Strict liability
5. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Overrule
Legislative intent
Subpoena duces tecum
Affirmative defense
6. When the defendant does not have sufficient money or other assets to pay the judgment.
Proving a case within a case
Open Questions
Judgment proof
Search engine
7. A law enacted by a state legislature or by Congress.
Punitive damages
Cumulative evidence
Holding
Statute
8. A trial court error that is not sufficient to warrant reversing the decision.
Slip laws
12(b)(6) motion
Duress
Harmless error
9. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Recidivist
Direct examination
Comparative negligence
Rules of evidence
10. The process of legislative enactment of areas of the law previously governed solely by the common law.
Exculpatory clause
Codification of the common law
Regulation
Overrule
11. 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.
Bench trial
Booking
Substantive facts
Disposition
12. Used to describe legislation that changes the common law.
Necessity
Leading questions
Derogation of the common law
Statutes at large or session laws
13. The chronological publication of statutes at the end of a legislative session.
Agent
Relevancy
Affirmative defense
Statutes at large or session laws
14. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Paralegal
Materiality
Federalism
Diversity jurisdiction
15. An advance or down payment that is given to engage the services of an attorney.
Inculpatory evidence
Relevancy
Retainer
Charging the jury
16. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Double jeopardy
Affirm
Active Listening
Paralegal
17. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Consideration
Plaintiff
Notice pleading
Rule 56 motion (summary judgment motion)
18. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Appellate brief
Comparative negligence
U.S. Supreme Court
Contributory negligence
19. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Arbitration
Contingency fee
Joint tenancy
Proximate cause
20. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Assault
Dissenting opinion
Hourly rate
Leading question
21. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Limited liability partnership (LLP)
Practice of law
Products liability
Relevancy
22. 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.
Holding
Best evidence rule
Annotated statutes
Clear and convincing
23. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Active Listening
Statutes at large or session laws
Legislative intent
Defendant
24. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
Personal property
Judgment
Lay witness
25. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Official reporter
Voir dire
Holding
Dismissal with prejudice
26. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Arbitration
Slip laws
Exigent circumstances
Real or physical evidence
27. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Contingency Fee
Confidentiality
Headnote
Verification
28. An actual incident or condition; not a legal consequence.
Pocket part
Request for admissions
Loislaw
Fact
29. The power of a court to hear a case.
Battered woman's or spouse's syndrome
U.S. Supreme Court
Affirmative defense
Jurisdiction
30. A determination that an attorney may not practice law for a set period of time.
Subsequent case history
Suspension
Legislative intent
Derogation of the common law
31. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Client trust account
Answer
Stare decisis
General jurisdiction
32. The power of a court to force a person to appear before it.
Certified
Personal jurisdiction
Subpoena duces tecum
Removal
33. The papers that begin a lawsuit-generally - the complaint and the answer.
Statutes of limitations
Federalism
Official reporter
Pleadings
34. Voluntarily and knowingly subjecting oneself to danger.
Holding
Punitive damages
Broad holding
Assumption of the risk
35. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Subpoena duces tecum
Arbitration
Grand jury
36. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
American Bar Association (ABA) www.abanet.org
Respondeat superior
Contingency fee
37. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Deposition
Minimum contacts
Necessity
38. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Disbarment
Summons
Documentary evidence
Equity
39. Law that regulates how the legal system operates.
Negligence
Unofficial reporter
Procedural law
Count
40. A repeat offender; one who continues to commit more crimes.
Authentication
Dictum
Recidivist
Lay a foundation
41. The law itself - such as statutes and court opinions.
Primary authority
Cross-claim
Constitutional law
Actus rea
42. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Professional judgment
Concurrent jurisdiction
Entrapment
Codification of the common law
43. The opinion of a jury on a question of fact.
Negligence
Caption
Verdict
Certificated
44. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Prima facie case
Overrule
Mistrial
M'Naghten test
45. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Cross-examination
Proving a case within a case
Arraignment
46. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Slip laws
Conflict of interest
Headnote
Legal Reasoning
47. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Execute
Judicial notice
Irresistible impulse test
Primary authority
48. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Valid
Defendant
Issue of first impression
Judgment
49. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Code
Bail
Hourly rate
50. Money is awarded to a plaintiff in payment for his or her actual losses.
Mediation
Concurrent jurisdiction
Compulsory joinder
Compensatory damages