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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 lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Substantive facts
Client trust account
Class action suit
Statute in derogation of the common law
2. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Reversible error
Lay advocate
Subsequent case history
On all fours
3. The person who is being asked questions at a deposition.
Interrogatories
Deponent
U.S. Court of Appeals
Documentary evidence
4. Evidence that supports previous testimony but that comes in a different form.
Double jeopardy
Damages
Peremptory challenge
Corroborative evidence
5. The intermediate appellate courts in the federal system.
Assumption of the risk
Constructive eviction
Affirm
U.S. Court of Appeals
6. The process of legislative enactment of areas of the law previously governed solely by the common law.
Negligence
Pinpoint cite
Real or physical evidence
Codification of the common law
7. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Legal Research
Verdict
Bailment
Products liability
8. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Judgment proof
Annotated statutes
Freelance Paralegal
Appellate courts
9. A public or private statement that an attorney's conduct violated the code of ethics.
Res ipsa loquitur
Reprimand or censure
Lay witness
Minor premise
10. 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.
Personal property
Jurisdiction
Void for vagueness
Caption
11. A request that the court order that certain information not be mentioned in the presence of the jury.
Legal clinic
Motion in limine
Personal jurisdiction
12(b)(6) motion
12. A claim by the defendant against the plaintiff.
Retainer
Execute
Counterclaim
Unauthorized practice of law
13. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Leading questions
Concurrent conflict of interest
Rules of criminal procedure
14. A request that the court prohibit the use of certain evidence at the trial.
Service
Motion to suppress
Substantial capacity test
Subsequent case history
15. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Grand jury
Ejusdem generis
Caption
16. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Consideration
Damages
Closed Questions
Reverse
17. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Statutory element
Citation
On point
18. Federal and state rules that regulate how criminal proceedings are conducted.
Rule
Remedial statute
Appellate courts
Rules of criminal procedure
19. A tangible object or a right or ownership interest.
Ejusdem generis
Property
Joint tenancy
Cross-examination
20. The status of having received a certificate documenting that the person has successfully completed an educational program.
Interrogatories
Res ipsa loquitur
Certificated
Quiet enjoyment
21. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Statutes of limitations
Code
Stop and frisk
Writ of execution
22. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Subsequent case history
Comparative negligence
Booking
Open Questions
23. Something of value exchanged to form the basis of a contract.
False imprisonment
Consideration
Direct examination
Grand jury
24. When an appellate court sends a case back to the trial court for a new trial or other action.
Writ of execution
Statute
Stop and frisk
Remand
25. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Alternative dispute resolution (ADR)
Nolo contendere
Comparative negligence
26. Evidence that is derived from an illegal search or interrogation is inadmissible.
Headnote
Fruit of the poisonous tree doctrine
Questions of fact
Codification
27. Establishes a direct link to the event that must be proven.
Real property
Direct evidence
Fruit of the poisonous tree doctrine
Leading questions
28. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Restatement of the Law of Torts - Second
Doctrine of implied powers
Unofficial reporter
29. When an appellate court overturns or negates the decision of a lower court.
Attorney-client privilege
Remand
Reverse
Contingency Fee
30. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Canons of construction
Strict liability
Appellant or petitioner
31. A computerized database that contains the full text of documents - such as court opinions or depositions.
Affirmative defense
Alternative dispute resolution (ADR)
Subject matter jurisdiction
Full-text database
32. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Judicial review
Cross-claim
Reasonable suspicion
33. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Procedural law
Statute of limitations
Limited jurisdiction
Restrictive covenant
34. Law that creates rights and duties.
Road Map paragraph
Default judgment
Cumulative evidence
Substantive law
35. In a case brief - the rule of law applied to the case's specific facts.
Warrant
Issue
Assault
Recklessness
36. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Disposition
Hourly rate
Professional judgment
37. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Attorney-client privilege
Statutes of limitations
Void for vagueness
Bill of Rights
38. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Legal services offices
Closed Questions
Attorney-client privilege
Conflict of interest
39. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Hypertext links
Practice of law
Shepardizing
Headnote
40. When the defendant does not have sufficient money or other assets to pay the judgment.
Certificated
Jurisdiction
Contingency Fee
Judgment proof
41. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Slip laws
12(b)(6) motion
Stare decisis
Hypertext links
42. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Holding
Plea bargaining
Pretrial motion
Model Rules of Professional Conduct
43. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Legal clinic
Appellant or petitioner
Consideration
44. The transfer of a case from one state court to a federal court.
Plaintiff
Exclusionary rule
Appellee or respondent
Removal
45. Specific questions that usually demand very short or yes-no answers.
Disposition
Dictum
Closed Questions
Double jeopardy
46. The rule that in order to claim self-defense there must have been no possibility of retreat.
Inculpatory evidence
Bench trial
Retreat exception
Motion
47. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Appellate brief
Successive conflict of interest
U.S. Supreme Court
48. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Road Map paragraph
Reverse
Prior case history
49. A trial court error that is not sufficient to warrant reversing the decision.
Mistrial
Harmless error
Comparative negligence
Nolo contendere
50. 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.
Prima facie case
Retainer agreement
Overrule
Questions of law