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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. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Prior case history
Double jeopardy
Model Rules of Professional Conduct
2. Not factually true - but accepted by the courts as being legally true.
Negligence
Writ of habeas corpus
Landmark decision
Constructive
3. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Prior case history
Personal property
Real or physical evidence
Implied warranty of habitability
4. An approach whereby the courts give a statute a broad interpretation.
Appellate or petitioner
Liberal construction
Black-letter law
Criminal law
5. Cases that involve similar facts and rules of law.
Assumption of the risk
Dictum
Analogous cases
Pleading in the alternative
6. The party in a case against whom an appeal has been filed.
Paralegal
Mediation
Appellee or respondent
Voir dire
7. Bad act.
Pocket part
Entrapment
Actus rea
Authentication
8. Law that deals with harm to an individual.
Civil law
Notice
Statutes at large or session laws
Substantial capacity test
9. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Suspension
Contributory negligence
Bail
Distinguishable cases
10. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Pinpoint cite
Void for vagueness
Contributory negligence
Motion in limine
11. 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.
Peremptory challenge
Legislative history
Contributory negligence
Rule 56 motion (summary judgment motion)
12. The power of a court to hear a case.
Jurisdiction
Federal question jurisdiction
Double jeopardy
Power of judicial review
13. An approach whereby the courts give a statute a narrow interpretation.
Subsequent case history
Strict construction
Enabling act
Overrule
14. Without the need for a warrant - the police may seize objects that are openly visible.
Contract
Limited liability partnership (LLP)
Digest
Plain view doctrine
15. A form in which statutes are published; they are printed individually at the time they are first enacted.
Service
Slip laws
Punitive damages
Fruit of the poisonous tree doctrine
16. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Competency
Bail
Judgment notwithstanding the verdict (judgment N.O.V.)
17. A claim by the defendant against the plaintiff.
Challenge for cause
On point
Evidence
Counterclaim
18. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Preemption
Relevancy
Corroborative evidence
Nolo contendere
19. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Contingency fee
Unofficial reporter
Expert witness
Verification
20. Written questions sent by one side to the opposing side - answered under oath.
Questions of fact
Standing
Real Property
Interrogatories
21. 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.
Rules of criminal procedure
Code of Federal Regulations (C.F.R.)
Duress
Exclusionary rule
22. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Leading questions
Concluding paragraph
Affirm
Model Rules of Professional Conduct
23. Generally accepted legal principles.
Motion in limine
Black-letter law
Respondeat superior
Appellate courts
24. A request made to the court.
Exculpatory evidence
Code of Federal Regulations (C.F.R.)
Client trust account
Motion
25. The highest federal appellate court - consisting of nine appointed members.
Authentication
U.S. Supreme Court
American Bar Association (ABA) www.abanet.org
Consideration
26. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Summons
Irresistible impulse test
Mandatory authority
27. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Leading questions
Citing case
Treatment
Potential conflict
28. Rules and regulations created by administrative agencies.
Administrative law
Principle
Booking
Rule
29. Evidence that suggests the defendant's innocence.
General jurisdiction
Exculpatory evidence
Prima facie case
Authentication
30. An agreement supported by consideration.
Contract
Miranda warnings
Legal clinic
Authentication
31. A request that the court release the defendant because of the illegality of the incarceration.
Clearly erroneous
Civil law
Writ of habeas corpus
Deponent
32. 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.
Bailment
Unauthorized practice of law
U.S. Court of Appeals
Shepardizing
33. The tort theory that an employer can be sued for the negligent acts of its employees.
American Bar Association (ABA) www.abanet.org
Reverse
Adverse possession
Respondeat superior
34. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Closed Questions
Hourly rate
Constitutional law
Open Questions
35. The new legal principle established by a court opinion.
Plain meaning
Holding
Dissenting opinion
Pattern jury instructions
36. The requirement that relief be sought from an administrative agency before proceeding to court.
Full-text database
Vicarious representation
Exhaustion of administrative remedies
Certified
37. A canon of construction meaning 'of the same class.:
Recidivist
Ejusdem generis
Laws
Beyond a reasonable doubt
38. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Unauthorized practice of law
American Bar Association (ABA) www.abanet.org
Deposition
39. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Negligence per se
U.S. district courts
Personal property
40. The failure of an attorney to act reasonably.
Service
Trial courts
Legal malpractice
Proving a case within a case
41. A national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Issue of first impression
Negligence
Necessity
42. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
On all fours
Judicial restraint
American Bar Association (ABA) www.abanet.org
Issue
43. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Landmark decision
Ethical wall or screen or cone of silence
Nolo contendere
Remand
44. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Motion for a new trial
Appellate courts
Subpoena duces tecum
45. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Comparative negligence
Battered woman's or spouse's syndrome
Plain view doctrine
46. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Assumption of the risk
Retainer
Search engine
U.S. Supreme Court
47. A set charge for a specific service - such as drafting a simple will.
Full-text searches
Harmless error
Damages
Fixed Fee
48. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Direct examination
Stop and frisk
Preemption
Potential conflict
49. An opinion that disagrees with the majority's decision and its reasoning.
Federalism
Concluding paragraph
Double jeopardy
Dissenting opinion
50. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Proximate cause
Professional Corporation (PC)
Clearly erroneous
Search engine