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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 ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Prior case history
Contingency Fee
Appellant or petitioner
Mediation
2. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Narrow Holding
Subsequent case history
Contributory negligence
Damages
3. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Deductive reasoning
Restrictive covenant
Arrest
Legal writing
4. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Strict liability
Legislative history
Defendant
Syllabus
5. The rule that in order to claim self-defense there must have been no possibility of retreat.
Contingency Fee
Retreat exception
Self-defense
Professional judgment
6. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Attorney-client privilege
Constructive eviction
Holding
Concurring opinion
7. A worldwide network of computer networks.
Invasion of Privacy
Internet
Codification
Appellant or petitioner
8. In a case brief - the rule of law applied to the case's specific facts.
Tort law
Issue
International Paralegal Management Association (IPMA) www.paralegal management.org
Nolo contendere
9. The failure of an attorney to act reasonably.
Certificated
Enabling act
Legal malpractice
Freelance Paralegal
10. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Disposition
Broad holding
Tenancy by the entirety
Citation
11. A document that lists statements regarding specific items for the other party to admit or deny.
Persuasive authority
Restrictive covenant
Search engine
Request for admissions
12. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Entrapment
Constructive
Rules of evidence
13. In a case brief - the general legal principle in existence before the case began.
Rule
Counterclaim
Corroborative evidence
Reprimand or censure
14. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Active Listening
Notice pleading
Minor premise
Reverse
15. An agreement supported by consideration.
Nominal damages
Contract
En banc
Digest
16. A summary of a court opinion that appears at the beginning of the case.
Interrogatories
Codification of the common law
Majority opinion
Syllabus
17. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Cause of action
Summons
M'Naghten test
General jurisdiction
18. The party in a case against whom an appeal has been filed.
per curium
Bail
Appellee or respondent
Joint tenancy
19. 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.
Default judgment
Loislaw
Official reporter
Directed verdict
20. Evidence that does not add any new information but that confirms facts that already have been established.
Appellate or petitioner
Persuasive authority
Cumulative evidence
Federal question jurisdiction
21. The result reached in a particular case.
Case reporters
Disposition
Defamation
Bench trial
22. Consists of records - contracts - leases - wills - and other written instruments.
Challenge for cause
Standing
National Association of Legal Assistants (NALA) www.nala.org
Documentary evidence
23. Land and objects permanently attached to land.
Respondeat superior
Statutory element
Case citation
Real property
24. A national organization of paralegal programs that promotes high standards for paralegal education.
Case reporters
American Association for Paralegal Education (AAfPE) www.aafpe.org
Contingency fee
Evidence
25. Law that deals with harm to a person or a person's property.
Harmless error
Tort law
Cumulative evidence
Plaintiff
26. A person who initiates a lawsuit.
Exigent circumstances
Respondeat superior
Plaintiff
Legal clinic
27. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Comparative negligence
Reversible error
Respondeat superior
Pretrial motion
28. Summary of one legal point in a court opinion; written by the editors at West.
Judicial notice
Subject matter jurisdiction
Headnote
Lay witness
29. Federal and state rules that regulate how criminal proceedings are conducted.
Jurisdiction
Case citation
Derogation of the common law
Rules of criminal procedure
30. The process of finding the law.
Prior case history
Legal Research
Remand
Bailment
31. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Appellant or petitioner
Judgment notwithstanding the verdict (judgment N.O.V.)
Answer
Personal jurisdiction
32. The process of organizing statutes by subject matter.
Codification
Overrule
Issue
Recklessness
33. 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.
U.S. Supreme Court
American Bar Association (ABA) www.abanet.org
Recklessness
Minimum contacts
34. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Void for vagueness
Judicial notice
Appellee or respondent
Counterclaim
35. Including more than one count in a complaint; the counts do not need to be consistent.
Procedural facts
Intentional tort
Proximate cause
Pleading in the alternative
36. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Treatment
Majority opinion
Concluding paragraph
Restrictive covenant
37. 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.
Comparative negligence
Probable cause
Client trust account
Mens rea
38. A law enacted by a state legislature or by Congress.
Preemption
Issue of first impression
Statute
Federalism
39. Courts that determine the facts and apply the law to the facts.
National Association of Legal Assistants (NALA) www.nala.org
Doctrine of implied powers
Pocket part
Trial courts
40. A grand jury's written accusation that a given individual has committed a crime.
Exculpatory evidence
Indictment
Legal Reasoning
Self-defense
41. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
U.S. Supreme Court
Lay advocate
Agent
Administrative law
42. A request that the court order that certain information not be mentioned in the presence of the jury.
Substantive facts
Motion in limine
Retainer
Affirm
43. The papers that begin a lawsuit-generally - the complaint and the answer.
Irresistible impulse test
Citation
Pleadings
Writ of certiorari
44. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Self-defense
Statutory element
Tenancy by the entirety
45. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Damages
Best evidence rule
U.S. Court of Appeals
46. The division of governmental power among the legislative - executive - and judicial branches.
Fixed Fee
Jurisdiction
Case citation
Separation of powers
47. The person who is being asked questions at a deposition.
Legal technician
Deponent
Leading questions
Landmark decision
48. The power of government to take private property for public purposes.
Syllabus
Statute
Codification
Eminent Domain
49. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Competency
Corroborative evidence
Leading question
50. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Real Property
Harmless error
Attorney-client privilege
Respondeat superior