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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 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.
Corroborative evidence
Loislaw
False imprisonment
Separation of powers
2. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Exhaustion of administrative remedies
Cause of action
Execute
Irresistible impulse test
3. A person who permits or directs another person to act on the principal's behalf.
Remand
Principle
Constructive
Court of record
4. 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.
Alternative dispute resolution (ADR)
Major premise
Contributory negligence
Narrow Holding
5. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Restatement of the Law of Torts - Second
12(b)(6) motion
Plain view doctrine
Eminent Domain
6. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Assumption of the risk
Subject matter jurisdiction
Limited liability partnership (LLP)
7. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Pattern jury instructions
Reverse
Answer
8. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Ejusdem generis
Strict construction
Third-party claim
Disbarment
9. A worldwide network of computer networks.
Holding
Laws
Negligence per se
Internet
10. The questioning of an opposing witness.
Closed Questions
Legal technician
Cross-examination
Voir dire
11. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Adverse possession
Relevancy
En banc
Strict liability
12. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Best evidence rule
Arrest
Motion for a new trial
On point
13. The power of a court to force a person to appear before it.
Personal jurisdiction
Personal property
Plain meaning
Warrant
14. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Punitive damages
Exclusionary rule
Notice
Preponderance of the evidence
15. 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.
Statutes of limitations
Concurrent conflict of interest
Legal writing
Invasion of Privacy
16. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Federalism
Motion to suppress
Materiality
Deductive reasoning
17. A court order requiring a party to perform a specific act or to cease doing a specific act.
Quiet enjoyment
Injunction
Self-defense
Partnership
18. Disregarding a substantial and unjustifiable risk that harm will result.
Voir dire
Corroborative evidence
Recklessness
Laws
19. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Affirm
Double jeopardy
Judgment
Federal question jurisdiction
20. Voluntarily and knowingly subjecting oneself to danger.
Lay witness
Assumption of the risk
Judgment proof
Stare decisis
21. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Billable hours
Rules of criminal procedure
Landmark decision
Freelance Paralegal
22. 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.
Syllabus
Guardian
Recidivist
Deposition
23. Bad act.
Actus rea
Judicial restraint
Eminent Domain
Partnership
24. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Compulsory joinder
Necessity
Tenancy by the entirety
Exhaustion of administrative remedies
25. 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
Complaint
Notice
Rule 56 motion (summary judgment motion)
Restrictive covenant
26. The status of having received a certificate documenting that the person has successfully completed an educational program.
Circumstantial evidence
Certificated
Standing
per curium
27. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Third-party claim
Cross-claim
Counterclaim
28. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Arraignment
Issue
Vicarious representation
Holding
29. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Arrest
Original jurisdiction
Judgment notwithstanding the verdict (judgment N.O.V.)
Charging the jury
30. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Procedural facts
Subsequent case history
Court of record
Unauthorized practice of law
31. A court order authorizing a sheriff to take property in order to enforce a judgment.
Overbreadth
Liberal construction
Exhaustion of administrative remedies
Writ of execution
32. Law that regulates how the legal system operates.
Tenancy in common
Procedural law
Defendant
Tickler System
33. A court's power to hear only specialized cases.
Issue
Limited jurisdiction
Citing case
Writ of certiorari
34. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Doctrine of implied powers
Testimonial evidence
Statute in derogation of the common law
35. A witness who has not been shown to have any special expertise.
Questions of law
Registration
Potential conflict
Lay witness
36. Books that contain appellate court decisions. There are both official and unofficial reporters.
Certificated
Case reporters
Easement
Joint tenancy
37. The person who is being asked questions at a deposition.
Product misuse
Deponent
Motion
Official reporter
38. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Plain view doctrine
Code of Federal Regulations (C.F.R.)
Proximate cause
39. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Tickler System
Federalism
Hypertext links
Certified
40. An opinion that agrees with the majority's result but disagrees with its reasoning.
Legal fiction
Duress
Concurring opinion
Judgment proof
41. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Dismissal with prejudice
Prior case history
Limited liability partnership (LLP)
Contract
42. A court opinion that establishes new law in an important area.
Concurrent conflict of interest
Harmless error
Landmark decision
Contingency fee
43. The result reached in a particular case.
Hourly rate
Major premise
Active Listening
Disposition
44. A request that the court order that certain information not be mentioned in the presence of the jury.
Hourly rate
Judicial review
Original jurisdiction
Motion in limine
45. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Necessity
Default judgment
Constructive
Counterclaim
46. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Trial courts
Substantive facts
Guardian
47. 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.
Constitutional law
Tenancy in common
Product misuse
Cross-examination
48. A request that the court prohibit the use of certain evidence at the trial.
Contributory negligence
Negligence
Motion to suppress
Statutes of limitations
49. The power of a court to hear a particular type of case.
Defendant
Subject matter jurisdiction
U.S. district courts
Major premise
50. A claim by the defendant against the plaintiff.
Fact
Counterclaim
Writ of certiorari
Count