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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 canon of construction meaning 'of the same class.:
Ejusdem generis
Comparative negligence
Property law
Affirmative defense
2. 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.
Legislative history
Loislaw
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Indictment
3. Law that regulates how the legal system operates.
Defamation
Procedural law
Constructive eviction
Pleadings
4. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Exclusionary rule
Guardian
Statute of limitations
Lay advocate
5. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Real Property
Legal fiction
Limited liability partnership (LLP)
Court of record
6. Being informed of some act done or about to be done.
Interrogatories
Principle
Citation
Notice
7. A computerized database that contains key information about the content of documents - such as medical records.
Distinguishable cases
Case citation
Structured database
Vicarious representation
8. When a higher court agrees with what lower court has done.
Liberal construction
Vicarious representation
Affirm
Writ of execution
9. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Harmless error
Original jurisdiction
Legal services offices
American Association for Paralegal Education (AAfPE) www.aafpe.org
10. 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.
Arraignment
Leading question
Evidence
Default judgment
11. A person who initiates an appeal.
Preemption
Expert witness
Appellant or petitioner
Constitutional law
12. The power of a court to hear a case.
Full-text searches
Reverse
Jurisdiction
Tort law
13. Including more than one count in a complaint; the counts do not need to be consistent.
Federal question jurisdiction
Derogation of the common law
Specific performance
Pleading in the alternative
14. A special type of joint tenancy applicable only to married couples.
Statutes at large or session laws
Tenancy by the entirety
Judgment
Reverse
15. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Count
Plain view doctrine
Plain meaning
Writ of certiorari
16. 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.
Shepardizing
Strict liability
Codification
Beyond a reasonable doubt
17. An opinion that agrees with the majority's result but disagrees with the reasoning.
Persuasive authority
Administrative law
Concurring opinion
Entrapment
18. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
National Association of Legal Assistants (NALA) www.nala.org
Relevancy
Exclusionary rule
Request for admissions
19. The result reached in a particular case.
Disposition
Bail
Compulsory joinder
Shepardizing
20. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Pleadings
Jurisdiction
Probable cause
21. The rules whereby all members of a law firm are treated as though they had represented the former client.
Exculpatory clause
Miranda warnings
Vicarious representation
U.S. Court of Appeals
22. Proof that the evidence is what it is said to be.
Authentication
Actus rea
Self-defense
Best evidence rule
23. A calendering system that records key dates and important deadlines.
Concurring opinion
Tickler System
Minor premise
per curium
24. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Standing
Arrest
Judicial restraint
Hearsay
25. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Warrant
Nolo contendere
Regulation
Judicial notice
26. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Retainer
Relevancy
Statutory element
Transition
27. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Writ of habeas corpus
Syllabus
Void for vagueness
Preponderance of the evidence
28. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Res ipsa loquitur
Testimonial evidence
Legal malpractice
Limited jurisdiction
29. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Materiality
Laws
Judgment notwithstanding the verdict (judgment N.O.V.)
Invasion of Privacy
30. 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.
Stare decisis
Bailment
Minimum contacts
Major premise
31. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Harmless error
Charging the jury
Peremptory challenge
32. The number of hours - or parts of an hour - that can be charged to a specific client.
Clear and convincing
Concurrent conflict of interest
Disbarment
Billable hours
33. An opinion in which a majority of the court joins.
Majority opinion
Loislaw
Official reporter
Respondeat superior
34. Disregarding a substantial and unjustifiable risk that harm will result.
Issue of first impression
Recklessness
Concurring opinion
Judicial review
35. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Legislative intent
Exculpatory clause
Eminent Domain
Plea bargaining
36. 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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37. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Actual cause
On all fours
Full-text database
Constructive eviction
38. A token sum awarded when liability has been found but monetary damages cannot be shown.
Confidentiality
Nominal damages
Constructive
Exclusionary rule
39. A business run by two or more persons as co-owners.
Landmark decision
Punitive damages
Concurrent jurisdiction
Partnership
40. A witness who has not been shown to have any special expertise.
Constructive eviction
Questions of law
Lay witness
Stop and frisk
41. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Separation of powers
Federalism
Procedural law
42. The chronological publication of statutes at the end of a legislative session.
Statutes at large or session laws
Syllabus
Probable cause
Exclusionary rule
43. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Comparative negligence
Easement
Reasonable suspicion
44. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Lay witness
Respondeat superior
Legislative intent
Void for vagueness
45. To perform.
Unauthorized practice of law
Execute
Joint tenancy
Reverse
46. The power of government to take private property for public purposes.
Restatement of the Law of Torts - Second
Warrant
Doctrine of implied powers
Eminent Domain
47. 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.
Mediation
Narrow Holding
Harmless error
Punitive damages
48. The process of organizing statutes by subject matter.
Request for admissions
Codification
Charging the jury
Appellate or petitioner
49. A court's power to hear any type of case arising within its geographical area.
Legal technician
Third-party claim
General jurisdiction
Alternative dispute resolution (ADR)
50. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Leading question
Judgment
Westlaw
Laws