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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. Evidence that supports previous testimony but that comes in a different form.
Exhaustion of administrative remedies
Corroborative evidence
Respondeat superior
Restrictive covenant
2. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Code
Pretrial conference
Default judgment
Pleadings
3. A defendant's personal promise to appear in court.
Headnote
Concurrent jurisdiction
Statutes at large or session laws
Personal recognizance bond
4. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Property law
Reverse
Directed verdict
Judicial notice
5. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Grand jury
Registration
Materiality
Ejusdem generis
6. Information that can be presented in a court of law as proof of some fact.
Agent
Motion in limine
Alternative dispute resolution (ADR)
Evidence
7. The first ten amendments to the U.S. Constitution.
Bill of Rights
Tort law
Summons
International Paralegal Management Association (IPMA) www.paralegal management.org
8. Cases that involve different facts and/or rules of law.
Direct examination
Distinguishable cases
Laws
Freelance Paralegal
9. Without the need for a warrant - the police may seize objects that are openly visible.
Personal property
Mistrial
Separation of powers
Plain view doctrine
10. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Retainer agreement
Hypertext links
Peremptory challenge
Federalism
11. An approach whereby the courts give a statute a broad interpretation.
Vicarious representation
Liberal construction
Unofficial reporter
Appellate or petitioner
12. A court opinion that establishes new law in an important area.
Actual cause
Landmark decision
Reversible error
Exculpatory evidence
13. The power of a court to hear a case.
Jurisdiction
Annotated statutes
Federal question jurisdiction
Standing
14. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Appellate brief
Summons
Freelance Paralegal
Answer
15. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Bailment
Exigent circumstances
Court of record
16. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Fact
Exculpatory evidence
Code
17. The party in a case against whom an appeal has been filed.
Appellee or respondent
Injunction
Compensatory damages
Practice of law
18. A case listed in Shepard's that cites your case.
Citing case
Double jeopardy
Exhaustion of administrative remedies
Miranda warnings
19. Written questions sent by one side to the opposing side - answered under oath.
American Bar Association (ABA) www.abanet.org
Full-text database
Interrogatories
Tickler System
20. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Diversity jurisdiction
Rules of criminal procedure
Persuasive authority
Appellate brief
21. Consists of records - contracts - leases - wills - and other written instruments.
Tort law
Documentary evidence
Full-text searches
Reverse
22. A set of standardized jury instructions.
Pattern jury instructions
Dissenting opinion
Damages
Restatement of the Law of Torts - Second
23. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Administrative law
Treatment
Certified
24. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Minimum contacts
Recklessness
Removal
25. The requirement that relief be sought from an administrative agency before proceeding to court.
Headnote
Indictment
Property
Exhaustion of administrative remedies
26. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Relevancy
Official reporter
Affirm
27. 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.
Invasion of Privacy
Exculpatory clause
Minor premise
Assumption of the risk
28. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Peremptory challenge
Full-text searches
U.S. Court of Appeals
29. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Legal fiction
Compulsory joinder
Comparative negligence
Annotated statutes
30. 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.
Beyond a reasonable doubt
Hypertext links
Affirm
Legal Research
31. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Duress
Arbitration
Irresistible impulse test
Proving a case within a case
32. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Intellectual Property
Entrapment
Subject matter jurisdiction
Adverse possession
33. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Overbreadth
Case citation
Joint tenancy
Exclusive jurisdiction
34. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Black-letter law
Product misuse
Legal technician
M'Naghten test
35. 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
Implied warranty of habitability
Clearly erroneous
Discovery
36. The publication of false statements that harm a person's reputation.
Counterclaim
Procedural law
Defamation
Principle
37. 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
Federalism
Criminal law
Equity
Freelance Paralegal
38. 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.
Discovery
Testimonial evidence
Arraignment
Recklessness
39. The opinion of a jury on a question of fact.
Federal question jurisdiction
Verdict
Alternative dispute resolution (ADR)
Damages
40. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Lay witness
Reverse
Cross-claim
Implied warranty of habitability
41. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Reverse
Hearsay
Summary jury trials
Hourly rate
42. Generally accepted legal principles.
Black-letter law
Hourly rate
Dictum
Eminent Domain
43. Generally - an emergency situation that allows a search to proceed without a warrant.
Search engine
Direct examination
Plain meaning
Exigent circumstances
44. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Issue of first impression
Broad holding
Headnote
45. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Interrogatories
Leading question
Adverse possession
Reasonable suspicion
46. A witness who has not been shown to have any special expertise.
Professional judgment
Damages
Statute of limitations
Lay witness
47. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Lay a foundation
Defendant
Third-party claim
Products liability
48. 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.
Summary jury trials
Lay a foundation
Procedural facts
Holding
49. Establishes a direct link to the event that must be proven.
Direct evidence
Contributory negligence
Necessity
Harmless error
50. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Specific performance
Punitive damages
Tenancy in common
Mistrial