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Test your basic knowledge |
Paralegal 101
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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. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Separation of powers
Overrule
Judicial review
2. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Dissenting opinion
12(b)(6) motion
Appellee or respondent
3. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Cause of action
Battered woman's or spouse's syndrome
Count
Fruit of the poisonous tree doctrine
4. When an appellate court sends a case back to the trial court for a new trial or other action.
Pretrial motion
Contributory negligence
Affirmative defense
Remand
5. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Appellee or respondent
Reasonable suspicion
Statutes at large or session laws
6. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judicial activism
Deponent
Judgment notwithstanding the verdict (judgment N.O.V.)
Bill of Rights
7. Federal and state rules that govern the admissibility of evidence in court.
Loislaw
Assumption
Rules of evidence
International Paralegal Management Association (IPMA) www.paralegal management.org
8. Liability without a showing of fault.
Void for vagueness
Property
Strict liability
Preemption
9. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Valid
Products liability
Professional judgment
Federalism
10. Something of value exchanged to form the basis of a contract.
Negligence
Consideration
Counterclaim
Concluding paragraph
11. The educated ability to apply law to specific facts.
Professional judgment
Hourly rate
National Association of Legal Assistants (NALA) www.nala.org
Popular name table
12. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Standing
Necessity
Original jurisdiction
Leading question
13. 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.
Removal
Loislaw
Beyond a reasonable doubt
Warrant
14. 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.
Legal technician
Actus rea
Statute
Citation
15. Questions relating to what happened: who - what - when - where - and how.
Transition
Questions of fact
Pretrial motion
Plaintiff
16. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Judicial review
Citation
Billable hours
17. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
National Association of Legal Assistants (NALA) www.nala.org
Bill of Rights
Void for vagueness
18. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Loislaw
False imprisonment
Reverse
Implied warranty of habitability
19. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Dissenting opinion
Voir dire
Notice pleading
Cross-examination
20. Cases that involve different facts and/or rules of law.
U.S. Supreme Court
Entrapment
Expert witness
Distinguishable cases
21. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Arbitration
Caption
Vicarious representation
Power of judicial review
22. A case listed in Shepard's that cites your case.
Structured database
Negligence per se
Citing case
Motion
23. Liability without having to prove fault.
Authentication
Real or physical evidence
Internet
Strict liability
24. A person who permits or directs another person to act on the principal's behalf.
Cumulative evidence
Exculpatory evidence
Principle
Administrative law
25. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Compensatory damages
Appellate or petitioner
Professional Corporation (PC)
26. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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27. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Punitive damages
Easement
Nolo contendere
Hourly rate
28. Establishes a direct link to the event that must be proven.
Direct evidence
Annotated statutes
M'Naghten test
Materiality
29. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Shepardizing
Ethical wall or screen or cone of silence
Reversible error
30. A witness who has not been shown to have any special expertise.
Affirm
Distinguishable cases
Corroborative evidence
Lay witness
31. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Quiet enjoyment
Affirmative defense
Actus rea
32. An opinion that disagrees with the majority's decision and its reasoning.
Concurrent conflict of interest
Joint tenancy
Dissenting opinion
Constructive eviction
33. Used to describe legislation that changes the common law.
Pocket part
Quiet enjoyment
Derogation of the common law
Issue of first impression
34. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Concurrent conflict of interest
Guardian
Specific performance
Voir dire
35. A right to use property owned by another for a limited purpose.
Hypertext links
Easement
Ejusdem generis
Reverse
36. All property that is not real property.
Questions of fact
Personal property
Actual cause
Corroborative evidence
37. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Plea bargaining
Respondeat superior
Defendant
Bill of Rights
38. Written questions sent by one side to the opposing side - answered under oath.
Actus rea
Negligence
Interrogatories
Plain meaning
39. A provision that purports to waive liability.
Exculpatory clause
Plain view doctrine
Verification
Negligence
40. When the defendant does not have sufficient money or other assets to pay the judgment.
Liberal construction
Ejusdem generis
Judgment proof
Full-text database
41. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Codification
Certificated
Charging the jury
Judgment
42. 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.
Overrule
Judicial activism
Vicarious representation
Consideration
43. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Arraignment
Third-party claim
Retreat exception
Search engine
44. The power of a court to hear a case.
Cause of action
Jurisdiction
National Association of Legal Assistants (NALA) www.nala.org
False imprisonment
45. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Minor premise
Insanity defense
Reverse
Intellectual Property
46. Simultaneously representing adverse clients.
Recidivist
Concurrent conflict of interest
Harmless error
Transition
47. In a case brief - the rule of law applied to the case's specific facts.
Concurring opinion
Issue
Service
Product misuse
48. The pretrial oral questioning of a witness under oath.
Voir dire
Answer
Products liability
Deposition
49. Courts that determine the facts and apply the law to the facts.
Full-text database
Trial courts
Reversible error
Remedial statute
50. A set charge for a specific service - such as drafting a simple will.
Lay advocate
Execute
Fixed Fee
Third-party claim
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