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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. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Broad holding
Suspension
Strict liability
Arraignment
2. A law promulgated by an administrative agency.
Statute in derogation of the common law
Regulation
Plain view doctrine
Stop and frisk
3. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Property
Cross-claim
Nominal damages
Products liability
4. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Verdict
Overbreadth
12(b)(6) motion
Recidivist
5. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Pleadings
Civil law
Negligence
Annotated statutes
6. A person who initiates an appeal.
Confidentiality
Personal jurisdiction
Appellant or petitioner
Pocket part
7. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Mediation
Class action suit
Legal writing
Concurrent conflict of interest
8. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Warrant
Judicial activism
Compulsory joinder
Intellectual Property
9. The party in a case who has initiated an appeal.
Voir dire
Personal jurisdiction
Major premise
Appellate or petitioner
10. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Statute of limitations
Stare decisis
Bail
Quiet enjoyment
11. The power of a court to hear a case.
U.S. Court of Appeals
Affirm
Contingency Fee
Jurisdiction
12. Violation of a statute as proof of negligence
Insanity defense
Negligence per se
Harmless error
Attorney-client privilege
13. The law itself - such as statutes and court opinions.
Citing case
Jurisdiction
International Paralegal Management Association (IPMA) www.paralegal management.org
Primary authority
14. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Fruit of the poisonous tree doctrine
Legal services offices
Case citation
Plain view doctrine
15. A court's power to hear only specialized cases.
Unofficial reporter
Holding
Best evidence rule
Limited jurisdiction
16. All property that is not real property.
Legal technician
International Paralegal Management Association (IPMA) www.paralegal management.org
Subsequent case history
Personal property
17. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Concurrent jurisdiction
Freelance Paralegal
Booking
Actual cause
18. When an appellate court overturns or negates the decision of a lower court.
Discovery
Reverse
Subpoena
Interrogatories
19. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion
Separation of powers
Negligence per se
Motion in limine
20. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Freelance Paralegal
Clear and convincing
Affirm
per curium
21. A warrant that allows the police to enter without announcing their presence in advance.
Derogation of the common law
Prior case history
Stare decisis
No-knock warrant
22. Something of value exchanged to form the basis of a contract.
Comparative negligence
Consideration
Judgment notwithstanding the verdict (judgment N.O.V.)
Limited jurisdiction
23. The division of governmental power among the legislative - executive - and judicial branches.
Competency
Legal technician
Separation of powers
Appellant or petitioner
24. The tort theory that an employer can be sued for the negligent acts of its employees.
Search engine
Respondeat superior
Judgment notwithstanding the verdict (judgment N.O.V.)
Disposition
25. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Injunction
Ethical wall or screen or cone of silence
Duress
Pinpoint cite
26. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Confidentiality
Liberal construction
Overrule
Reverse
27. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Principle
Writ of certiorari
12(b)(6) motion
28. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Judicial activism
Personal jurisdiction
Rule 56 motion (summary judgment motion)
Arraignment
29. 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
Subject matter jurisdiction
Legal fiction
Subsequent case history
30. Books that contain appellate court decisions. There are both official and unofficial reporters.
Concurring opinion
Case reporters
Jurisdiction
On all fours
31. A national voluntary organization of lawyers.
Issue of first impression
American Bar Association (ABA) www.abanet.org
Service
Ejusdem generis
32. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Assault
False imprisonment
Legal writing
Mistrial
33. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Contract
Bailment
Successive conflict of interest
Case reporters
34. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
No-knock warrant
Battered woman's or spouse's syndrome
Lay witness
35. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Expert witness
Exclusionary rule
Reverse
Black-letter law
36. A tort committed by one who intends to do the act that creates the harm.
Motion for a new trial
Client trust account
Intentional tort
Plaintiff
37. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Prima facie case
Remand
Disposition
Successive conflict of interest
38. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Code
Assault
Remedial statute
39. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Grand jury
Negligence per se
Persuasive authority
Compensatory damages
40. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Popular name table
Potential conflict
Contract
Equity
41. The power of a court to hear a particular type of case.
Arraignment
Judgment
Federal question jurisdiction
Subject matter jurisdiction
42. 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.
Appellate brief
Deposition
per curium
Corroborative evidence
43. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Reverse
Statute in derogation of the common law
Legal Reasoning
Loislaw
44. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Request for admissions
Constitutional law
False imprisonment
45. A bank account used to hold money belonging to the client or to a third party.
Reversible error
Alternative dispute resolution (ADR)
Client trust account
Assumption
46. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Subpoena duces tecum
Real or physical evidence
Motion to suppress
47. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Unauthorized practice of law
Limited liability partnership (LLP)
Active Listening
Freelance Paralegal
48. The general jurisdiction trial courts in the federal system.
U.S. district courts
Specific performance
Overrule
Popular name table
49. Generally accepted legal principles.
Black-letter law
Defamation
Stop and frisk
Canons of construction
50. The person who is being asked questions at a deposition.
Legal services offices
Pleading in the alternative
Conflict of interest
Deponent