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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. When an appellate court sends a case back to the trial court for a new trial or other action.
Statute in derogation of the common law
Remand
Unofficial reporter
Hypertext links
2. A trial court error that is not sufficient to warrant reversing the decision.
Principle
Proximate cause
Slip laws
Harmless error
3. The power of a court to hear a case.
Common law
Jurisdiction
Billable hours
Contract
4. The failure to act reasonably under the circumstances.
Negligence
Personal jurisdiction
Unauthorized practice of law
Void for vagueness
5. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Headnote
Criminal law
per curium
6. Law that deals with harm to society as a whole.
Certificated
Voir dire
Criminal law
Concurring opinion
7. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Legal technician
Black-letter law
Exigent circumstances
Contributory negligence
8. The failure to act reasonably under the circumstances.
Disposition
Negligence
Insanity defense
Tenancy in common
9. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Consideration
Entrapment
Diversity jurisdiction
Assumption of the risk
10. 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
Harmless error
Discovery
Retreat exception
11. A national association of paralegal managers.
Overrule
International Paralegal Management Association (IPMA) www.paralegal management.org
Concurring opinion
Authentication
12. Questions relating to the interpretation or application of the law.
Bail
Summary jury trials
Questions of law
Primary authority
13. A requirement that a party fulfill his or her contractual obligations.
Specific performance
Full-text searches
Entrapment
Reversible error
14. A request made to the court.
Adverse possession
Notice pleading
Motion
Motion to suppress
15. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Judicial activism
Judgment
Valid
Federalism
16. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Rule
Trial courts
Motion to require a finding of not guilty
Exculpatory evidence
17. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Products liability
Substantial capacity test
Fruit of the poisonous tree doctrine
Freelance Paralegal
18. A case listed in Shepard's that cites your case.
Citing case
Holding
Lexis
Substantive facts
19. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
Fruit of the poisonous tree doctrine
Adverse possession
Harmless error
20. Generally - an emergency situation that allows a search to proceed without a warrant.
Exigent circumstances
Plaintiff
Lay witness
Joint tenancy
21. 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.
Caption
Narrow Holding
Retreat exception
Writ of certiorari
22. A court order requiring a party to perform a specific act or to cease doing a specific act.
Remand
Injunction
Citing case
Challenge for cause
23. To perform.
Negligence per se
Execute
Personal jurisdiction
Dissenting opinion
24. 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.
Deductive reasoning
Quiet enjoyment
Pretrial motion
Structured database
25. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Power of judicial review
Syllabus
Legal fiction
Broad holding
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.
Principle
Professional Corporation (PC)
Challenge for cause
Preponderance of the evidence
27. The first ten amendments to the U.S. Constitution.
Punitive damages
Bill of Rights
Challenge for cause
Appellee or respondent
28. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Major premise
Legal Research
Holding
29. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Holding
Loislaw
Affirm
Search engine
30. 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.
Rules of criminal procedure
Legal technician
Specific performance
Active Listening
31. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Res ipsa loquitur
Overrule
Pinpoint cite
Cumulative evidence
32. The highest federal appellate court - consisting of nine appointed members.
Eminent Domain
U.S. Supreme Court
Rule
Personal recognizance bond
33. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Quiet enjoyment
Testimonial evidence
Motion in limine
Motion to require a finding of not guilty
34. The party in a case who has initiated an appeal.
Evidence
Certified
Appellate or petitioner
On all fours
35. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Inculpatory evidence
Intellectual Property
Criminal law
Limited liability partnership (LLP)
36. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Strict construction
M'Naghten test
Motion for a new trial
37. When more than one court has jurisdiction to hear a case.
Writ of habeas corpus
Damages
Clear and convincing
Concurrent jurisdiction
38. Cases that involve similar facts and rules of law.
Statutes at large or session laws
Restatement of the Law of Torts - Second
Jurisdiction
Analogous cases
39. A person who initiates an appeal.
Appellant or petitioner
Official reporter
Documentary evidence
Suspension
40. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Miranda warnings
Summons
Battered woman's or spouse's syndrome
41. Standard used by appellate courts when reviewing a trial court's findings of fact.
International Paralegal Management Association (IPMA) www.paralegal management.org
Clearly erroneous
Assault
On all fours
42. A statute that changes the common law.
Statute in derogation of the common law
Negligence per se
Notice
Disposition
43. Evidence that supports previous testimony but that comes in a different form.
Directed verdict
Corroborative evidence
Interrogatories
Diversity jurisdiction
44. 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.
Indictment
Arrest
Statutes of limitations
Motion for a new trial
45. Voluntarily and knowingly subjecting oneself to danger.
Arbitration
Common law
Model Rules of Professional Conduct
Assumption of the risk
46. In a case brief - facts that deal with what happened to the parties before the litigation began.
Affirm
12(b)(6) motion
Substantive facts
Mens rea
47. A statute establishing and setting out the powers of an administrative agency.
Remand
Prima facie case
Writ of habeas corpus
Enabling act
48. A warrant that allows the police to enter without announcing their presence in advance.
Rules of criminal procedure
Tickler System
No-knock warrant
Lay advocate
49. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Case citation
Paralegal
Subpoena duces tecum
Retainer agreement
50. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Affirm
Rules of evidence
Cross-claim
Unauthorized practice of law