SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 opinion that disagrees with the majority's decision and reasoning.
Punitive damages
Preponderance of the evidence
Guardian
Dissenting opinion
2. A court order authorizing a sheriff to take property in order to enforce a judgment.
Peremptory challenge
Dissenting opinion
Contributory negligence
Writ of execution
3. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Class action suit
Subpoena
Property law
Paralegal
4. A request that the court order that certain information not be mentioned in the presence of the jury.
Administrative law
Legal technician
Pretrial conference
Motion in limine
5. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Pleading in the alternative
Plea bargaining
Doctrine of implied powers
6. A defendant's personal promise to appear in court.
Personal recognizance bond
Recidivist
Judgment notwithstanding the verdict (judgment N.O.V.)
Self-defense
7. A summary of one legal point in a court opinion; written by the editors at West.
Cross-claim
Headnote
Professional judgment
Double jeopardy
8. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Citing case
Arbitration
Billable hours
9. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Certificated
Default judgment
Mens rea
Fixed Fee
10. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Questions of law
Consideration
Exclusionary rule
11. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Retainer agreement
Ejusdem generis
Road Map paragraph
Disposition
12. The power of a court to hear a particular type of case.
Personal property
Substantive law
Subject matter jurisdiction
Evidence
13. 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.
Preponderance of the evidence
Internet
Issue
Certified
14. The rule requiring that the original document be produced at trial.
Legal clinic
Injunction
Professional Corporation (PC)
Best evidence rule
15. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
Res ipsa loquitur
Leading questions
Hearsay
16. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Specific performance
Code
Westlaw
Best evidence rule
17. A court opinion that establishes new law in an important area.
Landmark decision
Attorney-client privilege
Battery
Authentication
18. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Preponderance of the evidence
Harmless error
Constructive eviction
Minimum contacts
19. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Exclusionary rule
Appellate or petitioner
Full-text searches
Probable cause
20. The court's power to review statutes to decide whether they conform to the Constitution.
Issue
Judicial review
Necessity
Persuasive authority
21. A determination that an attorney may not practice law for a set period of time.
Charging the jury
Direct evidence
Suspension
Preemption
22. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
False imprisonment
Constructive
Original jurisdiction
Appellee or respondent
23. Disregarding a substantial and unjustifiable risk that harm will result.
Actus rea
Cause of action
Strict liability
Recklessness
24. A document that lists statements regarding specific items for the other party to admit or deny.
Codification
Request for admissions
Appellate or petitioner
Reverse
25. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Judicial notice
Major premise
Arbitration
Secondary authority
26. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Hypertext links
Bail
Verification
Registration
27. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Charging the jury
Questions of law
Original jurisdiction
Subsequent case history
28. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Proving a case within a case
Code of Federal Regulations (C.F.R.)
Constructive
29. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Joint tenancy
Battery
Pleading in the alternative
Unofficial reporter
30. An agreement supported by consideration.
Criminal law
Exigent circumstances
Alternative dispute resolution (ADR)
Contract
31. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Tenancy by the entirety
Compulsory joinder
Doctrine of implied powers
Irresistible impulse test
32. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Administrative law
Clear and convincing
Analogous cases
Contributory negligence
33. Federal and state rules that regulate how criminal proceedings are conducted.
Authentication
Narrow Holding
Rules of criminal procedure
Preemption
34. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Professional Corporation (PC)
Entrapment
Freelance Paralegal
35. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Jurisdiction
Recidivist
Valid
36. The justified use of force to protect oneself or others.
Self-defense
Competency
Majority opinion
Persuasive authority
37. Representing someone who is in a position adverse to a prior client.
Original jurisdiction
Clear and convincing
Execute
Successive conflict of interest
38. Books that contain appellate court decisions. There are both official and unofficial reporters.
Personal property
Case reporters
Reverse
Retainer agreement
39. A court order requiring a person to appear to testify at a trial or deposition.
Procedural law
Appellate or petitioner
Subpoena
Canons of construction
40. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Execute
Federalism
Mistrial
En banc
41. The modern pretrial procedure by which one party gains information from the adverse party.
Contingency Fee
Code of Federal Regulations (C.F.R.)
Conflict of interest
Discovery
42. A special type of joint tenancy applicable only to married couples.
Personal jurisdiction
Preponderance of the evidence
Pleading in the alternative
Tenancy by the entirety
43. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Adverse possession
Popular name table
Negligence
Treatment
44. 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
Separation of powers
Citing case
Dissenting opinion
45. 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.
Competency
Reverse
Motion
Hourly rate
46. A statute that changes the common law.
Entrapment
Code
Statute in derogation of the common law
Punitive damages
47. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Recklessness
Remand
Arraignment
48. '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.
Res ipsa loquitur
Defendant
Verdict
Challenge for cause
49. A request that the court release the defendant because of the illegality of the incarceration.
Black-letter law
Criminal law
U.S. Court of Appeals
Writ of habeas corpus
50. Liability without a showing of fault.
Treatment
Lay witness
Strict liability
Headnote