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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. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Negligence
Lay witness
Overrule
2. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Limited liability partnership (LLP)
Structured database
Issue
Affirmative defense
3. Governmental publication of court opinions.
Codification
U.S. Court of Appeals
Official reporter
Registration
4. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Appellate courts
Assumption of the risk
Actual cause
Standing
5. Consists of records - contracts - leases - wills - and other written instruments.
Authentication
Documentary evidence
Complaint
Bailment
6. Simultaneously representing adverse clients.
Exhaustion of administrative remedies
Lay witness
Motion to require a finding of not guilty
Concurrent conflict of interest
7. 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.
Annotated statutes
Affirmative defense
Broad holding
Agent
8. 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.
Federalism
Treatment
per curium
Lay witness
9. An actual incident or condition; not a legal consequence.
Fact
Landmark decision
Plea bargaining
Plain view doctrine
10. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Statutes at large or session laws
Judicial notice
Landmark decision
Vicarious representation
11. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Agent
Duress
Removal
Property law
12. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Compensatory damages
Personal jurisdiction
Potential conflict
Cross-claim
13. A witness who has not been shown to have any special expertise.
Westlaw
Structured database
Remedial statute
Lay witness
14. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Analogous cases
Double jeopardy
Unauthorized practice of law
Retainer
15. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Subject matter jurisdiction
Writ of habeas corpus
Overrule
Enabling act
16. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Enabling act
Recidivist
Legislative history
17. A law enacted by a state legislature or by Congress.
Irresistible impulse test
Peremptory challenge
Digest
Statute
18. 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.
Subsequent case history
Conflict of interest
General jurisdiction
Codification
19. The party in a case against whom an appeal has been filed.
Inculpatory evidence
Retainer agreement
Appellee or respondent
Verdict
20. An opinion in which a majority of the court joins.
Majority opinion
Negligence per se
Concluding paragraph
Entrapment
21. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Defamation
Comparative negligence
Prior case history
22. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Defendant
Exclusionary rule
Plaintiff
23. Courts that determine whether lower courts have made errors of law.
Client trust account
Statutory element
Procedural facts
Appellate courts
24. Federal and state rules that govern the admissibility of evidence in court.
Restatement of the Law of Torts - Second
Rules of evidence
Contributory negligence
Beyond a reasonable doubt
25. The new legal principle established by a court opinion.
U.S. Supreme Court
Holding
Tenancy in common
Plaintiff
26. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Affirm
Probable cause
Judgment proof
27. The tort theory that an employer can be sued for the negligent acts of its employees.
Bail
Respondeat superior
Probable cause
Minor premise
28. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Appellee or respondent
Compensatory damages
Legal writing
Notice pleading
29. The requirement that relief be sought from an administrative agency before proceeding to court.
Reversible error
Exhaustion of administrative remedies
Bail
Statutes at large or session laws
30. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Personal recognizance bond
Potential conflict
Entrapment
Indictment
31. Bad act.
Trial courts
Actus rea
Negligence
Transition
32. An opinion that disagrees with the majority's decision and its reasoning.
Dissenting opinion
Tort law
Bailment
Beyond a reasonable doubt
33. A claim by the defendant against the plaintiff.
Civil law
Counterclaim
Bench trial
Invasion of Privacy
34. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Remand
Leading question
Appellate or petitioner
Hearsay
35. The questioning of your own witness.
Personal property
Stare decisis
Third-party claim
Direct examination
36. Generally accepted legal principles.
Appellate or petitioner
Best evidence rule
Lay witness
Black-letter law
37. A calendering system that records key dates and important deadlines.
Nominal damages
Equity
Attorney-client privilege
Tickler System
38. Law that creates rights and duties.
Product misuse
Federalism
Substantive law
Citing case
39. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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40. The rule that in order to claim self-defense there must have been no possibility of retreat.
Real Property
Retreat exception
Deposition
Peremptory challenge
41. '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.
Closed Questions
Vicarious representation
Res ipsa loquitur
Voir dire
42. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Strict construction
Notice
Plea bargaining
Warrant
43. The process of legislative enactment of areas of the law previously governed solely by the common law.
Deductive reasoning
Codification of the common law
Consideration
Strict liability
44. 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.
Reverse
Deponent
Probable cause
per curium
45. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Questions of fact
Deductive reasoning
Confidentiality
46. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Plaintiff
On point
Subpoena
Competency
47. An opinion that agrees with the majority's result but disagrees with the reasoning.
Prior case history
Concurring opinion
Judgment notwithstanding the verdict (judgment N.O.V.)
Procedural law
48. A method for excusing a prospective juror; no reason need be given.
Rules of criminal procedure
Exclusive jurisdiction
Recklessness
Peremptory challenge
49. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Rules of evidence
Exhaustion of administrative remedies
Treatment
Concurring opinion
50. The division of governmental power among the legislative - executive - and judicial branches.
Notice
Contingency Fee
Statute in derogation of the common law
Separation of powers