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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 tort committed by one who intends to do the act that creates the harm.
Intentional tort
Relevancy
Arrest
Judgment notwithstanding the verdict (judgment N.O.V.)
2. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Preemption
Questions of fact
Charging the jury
Professional Corporation (PC)
3. Something of value exchanged to form the basis of a contract.
U.S. Court of Appeals
Booking
Consideration
National Federation of Paralegal Associations (NFPA) www.paralegals.org
4. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Minimum contacts
Products liability
Doctrine of implied powers
Appellate courts
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.
Mens rea
Subpoena duces tecum
Execute
Exigent circumstances
6. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Limited jurisdiction
Real Property
Overbreadth
Original jurisdiction
7. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Limited liability partnership (LLP)
Derogation of the common law
Pleading in the alternative
Arbitration
8. Law that deals with harm to society as a whole.
Criminal law
Booking
Paralegal
Retreat exception
9. The educated ability to apply law to specific facts.
Intentional tort
Professional judgment
Personal recognizance bond
Arraignment
10. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Best evidence rule
Lay witness
Holding
Legal services offices
11. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Substantive facts
Questions of law
Code of Federal Regulations (C.F.R.)
12. Broad questions that put few limits on the freedom of the respondent.
Ethical wall or screen or cone of silence
Open Questions
Substantial capacity test
Specific performance
13. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Exclusionary rule
Unofficial reporter
Joint tenancy
14. An approach whereby the courts give a statute a narrow interpretation.
Statute
Recklessness
Strict construction
Strict liability
15. Establishes a direct link to the event that must be proven.
Mistrial
Booking
Indictment
Direct evidence
16. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Injunction
Best evidence rule
Professional Corporation (PC)
17. 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.
Judicial restraint
Plea bargaining
Codification of the common law
Concurrent jurisdiction
18. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bailment
Narrow Holding
Materiality
Codification
19. A request made to the court.
Evidence
Motion
Warrant
Deponent
20. A suspicion based on specific facts; less than probable cause.
Popular name table
Original jurisdiction
Reasonable suspicion
Constitutional law
21. A calendering system that records key dates and important deadlines.
Clear and convincing
Equity
Tickler System
Distinguishable cases
22. The party in a case who has initiated an appeal.
Property law
Constitutional law
Unofficial reporter
Appellate or petitioner
23. A summary of one legal point in a court opinion; written by the editors at West.
Substantive law
Headnote
On point
Eminent Domain
24. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Rule 56 motion (summary judgment motion)
Pleadings
Deposition
Criminal law
25. Rules of conduct promulgated and enforced by the government.
Evidence
Full-text database
Laws
Subpoena duces tecum
26. Money is awarded to a plaintiff in payment for his or her actual losses.
On all fours
Compensatory damages
Damages
Nominal damages
27. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Limited jurisdiction
Administrative law
Execute
Punitive damages
28. The result reached in a particular case.
Verification
Disposition
Mens rea
Official reporter
29. A person who initiates a lawsuit.
Criminal law
Personal jurisdiction
Plaintiff
Notice
30. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Disposition
Invasion of Privacy
Best evidence rule
31. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Doctrine of implied powers
Contingency fee
Legislative intent
32. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Count
Exculpatory evidence
U.S. district courts
33. Being informed of some act done or about to be done.
Default judgment
Appellee or respondent
Notice
Doctrine of implied powers
34. A request that the court prohibit the use of certain evidence at the trial.
Contingency fee
Agent
Miranda warnings
Motion to suppress
35. A method for excusing a prospective juror; no reason need be given.
Bill of Rights
12(b)(6) motion
No-knock warrant
Peremptory challenge
36. Indirect evidence - used to prove facts by implication.
Concurring opinion
Doctrine of implied powers
Circumstantial evidence
Writ of habeas corpus
37. A summary of a court opinion that appears at the beginning of the case.
Narrow Holding
Syllabus
Real property
Court of record
38. A determination that an attorney may not practice law for a set period of time.
Subpoena duces tecum
Lay a foundation
Cross-examination
Suspension
39. A witness who has not been shown to have any special expertise.
Lay witness
Transition
Concurring opinion
Legal writing
40. Generally - an emergency situation that allows a search to proceed without a warrant.
Summary jury trials
Plain view doctrine
Exigent circumstances
Pinpoint cite
41. The transfer of a case from one state court to a federal court.
Duress
Removal
Injunction
Motion
42. A law promulgated by an administrative agency.
Pleading in the alternative
Potential conflict
Regulation
Proving a case within a case
43. Questions relating to what happened: who - what - when - where - and how.
Contributory negligence
Class action suit
Questions of fact
Remand
44. A court's power to hear any type of case arising within its geographical area.
General jurisdiction
Judgment
Documentary evidence
Plea bargaining
45. Information that can be presented in a court of law as proof of some fact.
Entrapment
Negligence
Evidence
Circumstantial evidence
46. A reason for invalidating a statute where it covers both protected and criminal activity.
Analogous cases
Certified
Overbreadth
Hearsay
47. Used to describe legislation that changes the common law.
Derogation of the common law
Enabling act
Count
Stop and frisk
48. The reference to a particular page within an opinion.
Strict liability
Tenancy by the entirety
Pinpoint cite
Evidence
49. The failure to act reasonably under the circumstances.
Negligence
Testimonial evidence
Legal fiction
Contributory negligence
50. Federal and state rules that govern the admissibility of evidence in court.
Battery
Exigent circumstances
Rules of evidence
General jurisdiction