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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 intentional act that creates a harmful or offensive physical contact.
Lay advocate
Battered woman's or spouse's syndrome
Battery
Stop and frisk
2. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Pleading in the alternative
Hypertext links
Appellate brief
3. Standard used by appellate courts when reviewing a trial court's findings of fact.
Distinguishable cases
Enabling act
Open Questions
Clearly erroneous
4. 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.
Disposition
Active Listening
per curium
Minimum contacts
5. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Fixed Fee
M'Naghten test
Writ of certiorari
6. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Derogation of the common law
Minor premise
Reprimand or censure
Majority opinion
7. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Preemption
Writ of habeas corpus
Summons
Legal clinic
8. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Remand
Appellate brief
Subpoena duces tecum
Real Property
9. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Appellant or petitioner
Dissenting opinion
Distinguishable cases
10. A statute establishing and setting out the powers of an administrative agency.
Open Questions
Verdict
Enabling act
Reverse
11. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Case citation
Implied warranty of habitability
Court of record
Judicial notice
12. 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.
Leading question
Federal question jurisdiction
Retreat exception
Motion to require a finding of not guilty
13. Monetary compensation - including compensatory - punitive - and nominal damages.
Plain meaning
Appellate brief
Damages
Fixed Fee
14. Summary of one legal point in a court opinion; written by the editors at West.
Assumption of the risk
Dictum
Headnote
Reasonable suspicion
15. A law enacted by a state legislature or by Congress.
Major premise
Quiet enjoyment
Statute
Assumption of the risk
16. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Documentary evidence
Entrapment
Limited liability partnership (LLP)
17. The rules whereby all members of a law firm are treated as though they had represented the former client.
Notice pleading
Retainer
Service
Vicarious representation
18. 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.
Peremptory challenge
Insanity defense
Personal property
Constitutional law
19. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Overbreadth
Federalism
Digest
Duress
20. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Tenancy in common
Direct examination
Proving a case within a case
Major premise
21. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Retainer
Arbitration
Battery
Negligence per se
22. Representing someone who is in a position adverse to a prior client.
Successive conflict of interest
Negligence
Agent
Cumulative evidence
23. A statute that changes the common law.
Voir dire
Statute in derogation of the common law
Best evidence rule
Contingency Fee
24. An issue that the court has never faced before.
Lay a foundation
Removal
U.S. Court of Appeals
Issue of first impression
25. The requirement that relief be sought from an administrative agency before proceeding to court.
Judicial activism
Adverse possession
Prior case history
Exhaustion of administrative remedies
26. Law that creates rights and duties.
Dissenting opinion
Substantive law
Specific performance
Retreat exception
27. 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.
Professional judgment
Pleadings
Secondary authority
Competency
28. 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.
Summary jury trials
Authentication
Model Rules of Professional Conduct
Battery
29. Being informed of some act done or about to be done.
Lay witness
Miranda warnings
Inculpatory evidence
Notice
30. 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.
Headnote
Procedural facts
Lay witness
Overrule
31. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Legal Research
Court of record
Preemption
Contributory negligence
32. A right to use property owned by another for a limited purpose.
Pattern jury instructions
Suspension
Easement
Strict construction
33. A calendering system that records key dates and important deadlines.
Broad holding
Dissenting opinion
Legal writing
Tickler System
34. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
International Paralegal Management Association (IPMA) www.paralegal management.org
Negligence
Remand
Unofficial reporter
35. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Model Rules of Professional Conduct
Digest
Deposition
Concurring opinion
36. 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
American Bar Association (ABA) www.abanet.org
Booking
Tort law
37. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Common law
Headnote
Judicial restraint
Professional Corporation (PC)
38. Violation of a statute as proof of negligence
Negligence per se
Syllabus
Service
Lay witness
39. 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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40. General principles that guide the courts in their interpretation of statutes.
Certified
Implied warranty of habitability
Issue
Canons of construction
41. Law that deals with harm to an individual.
Writ of certiorari
Best evidence rule
Compulsory joinder
Civil law
42. 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.
Product misuse
Adverse possession
Verification
Direct evidence
43. A court order requiring a party to perform a specific act or to cease doing a specific act.
Bill of Rights
Injunction
Suspension
Mediation
44. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Search engine
Comparative negligence
Limited jurisdiction
Nolo contendere
45. A national association of paralegal associations.
Verdict
Principle
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Hearsay
46. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Appellate brief
Westlaw
Trial courts
47. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Popular name table
Diversity jurisdiction
Legal services offices
Booking
48. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Reverse
Comparative negligence
Code
Arbitration
49. A court order authorizing a sheriff to take property in order to enforce a judgment.
Interrogatories
Registration
Rules of evidence
Writ of execution
50. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federalism
Reverse
Direct evidence
Arbitration