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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 approach whereby the courts give a statute a narrow interpretation.
Citation
Strict construction
Answer
En banc
2. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Subpoena
Default judgment
Strict liability
Case reporters
3. In a complaint - one cause of action.
Deposition
Count
Implied warranty of habitability
per curium
4. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Prima facie case
Jurisdiction
Bailment
Writ of habeas corpus
5. 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.
Void for vagueness
Judicial activism
Constitutional law
Bail
6. General principles that guide the courts in their interpretation of statutes.
Disposition
Canons of construction
Pretrial motion
M'Naghten test
7. The highest federal appellate court - consisting of nine appointed members.
Personal property
U.S. Supreme Court
Bail
Guardian
8. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Standing
Expert witness
Judicial activism
Transition
9. The questioning of an opposing witness.
Popular name table
Necessity
Cross-examination
Structured database
10. The party in a case who has initiated an appeal.
Negligence
Original jurisdiction
Appellate or petitioner
Constructive eviction
11. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Tort law
U.S. district courts
Legal services offices
Judgment
12. Summary of one legal point in a court opinion; written by the editors at West.
Answer
Cross-examination
Clear and convincing
Headnote
13. A tort committed by one who intends to do the act that creates the harm.
Grand jury
Joint tenancy
Property law
Intentional tort
14. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Appellate brief
Certified
Motion
Best evidence rule
15. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Constitutional law
Billable hours
Slip laws
Comparative negligence
16. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Personal property
Professional judgment
Analogous cases
17. A term used to describe a case that is similar to another case.
On point
Affirmative defense
Issue
Registration
18. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Reasonable suspicion
Direct examination
Lay witness
19. Someone who has the power to act in the place of another.
Agent
Quiet enjoyment
Legal Research
Black-letter law
20. 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.
Shepardizing
Deductive reasoning
Jurisdiction
Lay witness
21. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Valid
Res ipsa loquitur
Pleadings
Cause of action
22. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Structured database
Bail
Respondeat superior
Implied warranty of habitability
23. A person who initiates a lawsuit.
Plaintiff
Remand
Counterclaim
Affirmative defense
24. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
Product misuse
Case citation
Verdict
25. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Proving a case within a case
per curium
Legal malpractice
Joint tenancy
26. A set charge for a specific service - such as drafting a simple will.
En banc
Fixed Fee
Count
Issue of first impression
27. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Subpoena duces tecum
Jurisdiction
Trial courts
Original jurisdiction
28. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Deductive reasoning
Subject matter jurisdiction
Affirmative defense
Directed verdict
29. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Procedural law
Practice of law
Execute
Holding
30. Liability without a showing of fault.
Class action suit
Dismissal with prejudice
Codification
Strict liability
31. A worldwide network of computer networks.
Suspension
Separation of powers
Strict liability
Internet
32. 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.
Model Rules of Professional Conduct
Legal malpractice
Treatment
Beyond a reasonable doubt
33. The failure to act reasonably under the circumstances.
Constructive eviction
Common law
Service
Negligence
34. The chronological publication of statutes at the end of a legislative session.
Statutes at large or session laws
Codification of the common law
Concurring opinion
Court of record
35. A defendant's plea meaning that the defendant neither admits nor denies the charges.
National Association of Legal Assistants (NALA) www.nala.org
Prior case history
Invasion of Privacy
Nolo contendere
36. 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.
Plaintiff
Active Listening
Real property
Statutes of limitations
37. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Distinguishable cases
Hourly rate
Remedial statute
Discovery
38. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Lay advocate
Full-text database
Broad holding
Agent
39. The first ten amendments to the U.S. Constitution.
Dismissal with prejudice
M'Naghten test
Caption
Bill of Rights
40. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Property law
Affirm
Appellant or petitioner
Request for admissions
41. The educated ability to apply law to specific facts.
Contributory negligence
Actus rea
Real Property
Professional judgment
42. In logic - a belief that justifies one in arguing a conclusion.
Lexis
Actual cause
Assumption
Directed verdict
43. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Preponderance of the evidence
Deductive reasoning
Discovery
44. Law that deals with harm to an individual.
Legal fiction
Civil law
Rules of evidence
Citation
45. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Battered woman's or spouse's syndrome
Contract
Legislative history
Hypertext links
46. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Irresistible impulse test
Leading questions
Adverse possession
47. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Deposition
Issue
Damages
Legal writing
48. A summary of one legal point in a court opinion; written by the editors at West.
Code of Federal Regulations (C.F.R.)
Trial courts
Procedural facts
Headnote
49. Liability without having to prove fault.
Arbitration
American Association for Paralegal Education (AAfPE) www.aafpe.org
Motion to suppress
Strict liability
50. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Separation of powers
Materiality
Agent
Pinpoint cite