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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. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Actual cause
Pleadings
Personal property
2. The power of government to take private property for public purposes.
Agent
Plaintiff
Eminent Domain
Structured database
3. The tort theory that an employer can be sued for the negligent acts of its employees.
Certificated
Retreat exception
Major premise
Respondeat superior
4. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Successive conflict of interest
Execute
Remedial statute
Appellate brief
5. When the defendant does not have sufficient money or other assets to pay the judgment.
Statutes at large or session laws
Separation of powers
Affirm
Judgment proof
6. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Major premise
Tort law
Motion to suppress
Quiet enjoyment
7. Bad act.
Actus rea
Fixed Fee
Unauthorized practice of law
Notice
8. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Real property
Confidentiality
Citation
12(b)(6) motion
9. A method for excusing a prospective juror; no reason need be given.
Annotated statutes
Proving a case within a case
Peremptory challenge
Actus rea
10. When an appellate court sends a case back to the trial court for a new trial or other action.
Writ of certiorari
Overrule
Remand
Plain view doctrine
11. In logic - a belief that justifies one in arguing a conclusion.
Request for admissions
Shepardizing
Directed verdict
Assumption
12. Federal and state rules that govern the admissibility of evidence in court.
Consideration
Rules of evidence
Writ of execution
Persuasive authority
13. When an appellate court that normally sits in panels sits as a whole.
En banc
Directed verdict
Statutes at large or session laws
Negligence
14. An opinion that agrees with the majority's result but disagrees with the reasoning.
Adverse possession
Property
Dismissal with prejudice
Concurring opinion
15. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Attorney-client privilege
Real property
Competency
16. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Preponderance of the evidence
Statutes of limitations
Headnote
17. The status of having received a certificate documenting that the person has successfully completed an educational program.
Constructive
Plaintiff
Certificated
Conflict of interest
18. A court order authorizing a sheriff to take property in order to enforce a judgment.
Codification of the common law
Preponderance of the evidence
Writ of execution
Inculpatory evidence
19. An issue that the court has never faced before.
Unauthorized practice of law
Self-defense
Enabling act
Issue of first impression
20. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Prior case history
Res ipsa loquitur
Plain meaning
On point
21. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Legal fiction
Persuasive authority
Strict construction
Loislaw
22. Liability without having to prove fault.
Warrant
Fruit of the poisonous tree doctrine
Strict liability
Harmless error
23. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Concluding paragraph
Assumption of the risk
Unofficial reporter
24. The justified use of force to protect oneself or others.
Execute
Battery
Full-text searches
Self-defense
25. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Hearsay
Certified
Pocket part
26. Someone who has the power to act in the place of another.
Broad holding
Analogous cases
Legal malpractice
Agent
27. The court's power to review statutes to decide whether they conform to the Constitution.
Legal Reasoning
Judicial review
Contributory negligence
Strict liability
28. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
Leading questions
Concurrent conflict of interest
Peremptory challenge
29. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Shepardizing
Discovery
Statutory element
30. A request made to the court.
Compulsory joinder
Civil law
Battered woman's or spouse's syndrome
Motion
31. The revocation of an attorney's license.
Disbarment
Fruit of the poisonous tree doctrine
Statute in derogation of the common law
Challenge for cause
32. In a case brief - the general legal principle in existence before the case began.
Corroborative evidence
Rule
Strict construction
Loislaw
33. Rules of conduct promulgated and enforced by the government.
Judicial review
Concurrent conflict of interest
Slip laws
Laws
34. 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.
Statute of limitations
Closed Questions
Directed verdict
Plea bargaining
35. A meeting of the attorneys and the judge prior to the beginning of the trial.
Plain meaning
Pretrial conference
Active Listening
Self-defense
36. 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.
Judicial review
Cross-claim
National Association of Legal Assistants (NALA) www.nala.org
Exclusionary rule
37. The highest federal appellate court - consisting of nine appointed members.
Codification of the common law
Leading question
U.S. Supreme Court
Lay advocate
38. A canon of construction meaning 'of the same class.:
False imprisonment
Derogation of the common law
Ejusdem generis
Motion for a new trial
39. The party in a case who has initiated an appeal.
Deponent
Appellate or petitioner
Overbreadth
Actus rea
40. In a complaint - one cause of action.
Limited liability partnership (LLP)
Products liability
Count
Secondary authority
41. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Documentary evidence
Counterclaim
Affirm
42. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Appellate brief
Persuasive authority
Notice
Entrapment
43. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Complaint
Federalism
Case citation
44. Books that contain appellate court decisions. There are both official and unofficial reporters.
Clearly erroneous
Recidivist
Comparative negligence
Case reporters
45. 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.
Summary jury trials
Corroborative evidence
Implied warranty of habitability
Verification
46. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Joint tenancy
Substantial capacity test
Mandatory authority
Power of judicial review
47. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Clear and convincing
Citation
Legal malpractice
Beyond a reasonable doubt
48. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Code of Federal Regulations (C.F.R.)
Structured database
On all fours
49. The failure of an attorney to act reasonably.
Legal malpractice
Concluding paragraph
Issue of first impression
Assault
50. A fee calculated as a percentage of the settlement or award in the case.
Legislative intent
Judicial review
Contingency Fee
Full-text searches