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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. 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.
Service
Punitive damages
Concurring opinion
Statute of limitations
2. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
No-knock warrant
Reverse
Easement
Complaint
3. A national association of paralegal associations.
Active Listening
Certified
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Judgment notwithstanding the verdict (judgment N.O.V.)
4. Occurs when the police restrain a person's freedom and charge the person with a crime.
Double jeopardy
Freelance Paralegal
Legislative history
Arrest
5. A determination that an attorney may not practice law for a set period of time.
Suspension
Pleadings
Verdict
Successive conflict of interest
6. 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.
Constructive
Plea bargaining
Voir dire
Specific performance
7. A defense whereby the defendant offers new evidence to avoid judgment.
Power of judicial review
Direct examination
Bench trial
Affirmative defense
8. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Concluding paragraph
Judicial restraint
Vicarious representation
9. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Remedial statute
Laws
Verdict
10. 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.
Competency
Road Map paragraph
Minimum contacts
Concurring opinion
11. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Fact
Code
Enabling act
per curium
12. A tort committed by one who intends to do the act that creates the harm.
Motion to suppress
Documentary evidence
Intentional tort
Ethical wall or screen or cone of silence
13. The pleading that begins a lawsuit.
Motion in limine
Notice pleading
Complaint
Easement
14. An agreement supported by consideration.
Contract
Quiet enjoyment
Pretrial motion
Reverse
15. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Evidence
Issue
Contingency fee
16. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Tenancy in common
Motion to require a finding of not guilty
Laws
Answer
17. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Certificated
American Bar Association (ABA) www.abanet.org
Unauthorized practice of law
Procedural facts
18. The process of organizing statutes by subject matter.
Minimum contacts
Negligence
Codification
Retreat exception
19. A requirement that a party fulfill his or her contractual obligations.
Recidivist
Contingency fee
Affirmative defense
Specific performance
20. Broad questions that put few limits on the freedom of the respondent.
Legal Reasoning
Battered woman's or spouse's syndrome
Count
Open Questions
21. 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
Assumption
Landmark decision
U.S. district courts
Stare decisis
22. The person who is being asked questions at a deposition.
Conflict of interest
Indictment
Leading questions
Deponent
23. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Civil law
Summary jury trials
Trial courts
24. An opinion that agrees with the majority's result but disagrees with its reasoning.
Products liability
Hypertext links
Statute
Concurring opinion
25. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Lexis
Comparative negligence
Negligence
Billable hours
26. In a case brief - facts that deal with what happened to the parties before the litigation began.
Actus rea
Confidentiality
Substantive facts
Eminent Domain
27. 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.
Lay advocate
Trial courts
Lexis
Probable cause
28. In a complaint - one cause of action.
Fact
Count
U.S. district courts
Property law
29. Establishes a direct link to the event that must be proven.
Concurring opinion
Lay a foundation
Direct evidence
General jurisdiction
30. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Booking
Reversible error
Restrictive covenant
Separation of powers
31. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Writ of habeas corpus
Hourly rate
Lexis
Pleadings
32. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Negligence per se
Tenancy in common
Personal recognizance bond
33. The result reached in a particular case.
Lay witness
Nolo contendere
Disposition
Fruit of the poisonous tree doctrine
34. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Request for admissions
Summary jury trials
Slip laws
Testimonial evidence
35. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Primary authority
Statutes at large or session laws
Hearsay
Recklessness
36. The intermediate appellate courts in the federal system.
Assumption of the risk
Appellate or petitioner
Retainer agreement
U.S. Court of Appeals
37. A witness who has not been shown to have any special expertise.
Judgment proof
Documentary evidence
Self-defense
Lay witness
38. A warrant that allows the police to enter without announcing their presence in advance.
Statute in derogation of the common law
No-knock warrant
Common law
Legal technician
39. Consists of records - contracts - leases - wills - and other written instruments.
Loislaw
Subpoena
Documentary evidence
Grand jury
40. Governmental publication of court opinions.
U.S. Court of Appeals
Substantive facts
Codification of the common law
Official reporter
41. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Authentication
Rules of evidence
Double jeopardy
Summons
42. 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
Exigent circumstances
Evidence
Legislative intent
43. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Counterclaim
Legal writing
Mens rea
Overrule
44. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Certificated
Stop and frisk
Judicial review
Bail
45. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Authentication
Exculpatory evidence
Overrule
46. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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47. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Rule
Materiality
Deposition
Real property
48. Questions relating to the interpretation or application of the law.
Questions of law
Easement
Notice
Majority opinion
49. Evidence that is derived from an illegal search or interrogation is inadmissible.
Implied warranty of habitability
Fruit of the poisonous tree doctrine
Transition
Affirm
50. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Battered woman's or spouse's syndrome
Concluding paragraph
On point