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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. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Reverse
Leading question
Potential conflict
2. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Circumstantial evidence
Personal recognizance bond
Cross-claim
Lexis
3. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Plain meaning
Grand jury
Pinpoint cite
Products liability
4. A calendering system that records key dates and important deadlines.
Reverse
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Assumption of the risk
Tickler System
5. A separable part of a statute that must be satisfied for the statute to apply.
Verdict
Codification of the common law
Statutory element
Assumption
6. The rule that in order to claim self-defense there must have been no possibility of retreat.
Common law
Professional Corporation (PC)
Retreat exception
Proximate cause
7. Indirect evidence - used to prove facts by implication.
Original jurisdiction
Clear and convincing
Circumstantial evidence
Punitive damages
8. An advance or down payment that is given to engage the services of an attorney.
On all fours
Retainer
Lexis
Negligence
9. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
Third-party claim
Retainer
Clearly erroneous
10. A trial conducted without a jury.
Bench trial
Procedural facts
Exclusionary rule
Appellee or respondent
11. 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.
Remand
Strict liability
Appellate courts
Irresistible impulse test
12. A person who initiates an appeal.
Appellant or petitioner
Relevancy
False imprisonment
Contributory negligence
13. A constitutional protection against being tried twice for the same crime.
Pattern jury instructions
Double jeopardy
Proximate cause
Notice
14. A court's power to hear any type of case arising within its geographical area.
General jurisdiction
Retainer agreement
Lay a foundation
Client trust account
15. Liability without a showing of fault.
U.S. Court of Appeals
Strict liability
Proving a case within a case
Reprimand or censure
16. The power of a court to hear a case.
Cause of action
Jurisdiction
Pocket part
Mandatory authority
17. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Warrant
Dictum
Real property
18. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Verification
Tort law
Appellate brief
19. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
Statutes at large or session laws
Rules of evidence
Active Listening
20. The judge informs the jurors of the law they need to know to make their decision.
Ejusdem generis
Charging the jury
Jurisdiction
Real property
21. When more than one court has jurisdiction to hear a case.
Rules of evidence
Concurrent jurisdiction
Federalism
Appellate or petitioner
22. 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.
Derogation of the common law
Intentional tort
Actual cause
Rule
23. Establishes a direct link to the event that must be proven.
Federalism
Direct evidence
Real Property
Analogous cases
24. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Case citation
Plaintiff
Ejusdem generis
25. The failure of an attorney to act reasonably.
Double jeopardy
Shepardizing
Legislative intent
Legal malpractice
26. 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
Civil law
Bailment
Tenancy in common
27. The pretrial oral questioning of a witness under oath.
Motion to suppress
Compensatory damages
Reprimand or censure
Deposition
28. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Tort law
Transition
Retainer
Codification of the common law
29. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Tenancy by the entirety
Subpoena duces tecum
Reprimand or censure
Interrogatories
30. The rules whereby all members of a law firm are treated as though they had represented the former client.
Overrule
Nominal damages
Vicarious representation
Professional Corporation (PC)
31. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Nominal damages
Joint tenancy
M'Naghten test
Standing
32. 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.
Preponderance of the evidence
Notice
Trial courts
Contributory negligence
33. An opinion that agrees with the majority's result but disagrees with the reasoning.
Restatement of the Law of Torts - Second
Tickler System
Rules of criminal procedure
Concurring opinion
34. A set of standardized jury instructions.
Voir dire
Pattern jury instructions
Motion to require a finding of not guilty
Battery
35. A defendant's personal promise to appear in court.
Default judgment
Direct evidence
Personal recognizance bond
Original jurisdiction
36. A requirement that a party fulfill his or her contractual obligations.
Overrule
Alternative dispute resolution (ADR)
Specific performance
Plaintiff
37. Bad act.
Major premise
Legal Reasoning
Dissenting opinion
Actus rea
38. Used to describe legislation that changes the common law.
Class action suit
Derogation of the common law
Property
Clearly erroneous
39. The process of finding the law.
Summons
Legal Research
Quiet enjoyment
Compulsory joinder
40. A compilation of federal administrative regulations arranged by agency.
Fixed Fee
Personal property
Jurisdiction
Code of Federal Regulations (C.F.R.)
41. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Digest
Issue
Warrant
Judgment notwithstanding the verdict (judgment N.O.V.)
42. Someone who has the power to act in the place of another.
Deponent
Consideration
Agent
Black-letter law
43. Land and objects permanently attached to land.
Self-defense
Confidentiality
Restrictive covenant
Real property
44. 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.
Hourly rate
Procedural law
Distinguishable cases
Miranda warnings
45. The party in a lawsuit against whom an appeal has been filed.
Lexis
Hourly rate
Appellee or respondent
Judicial activism
46. 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.
Rules of evidence
Procedural facts
Assumption of the risk
Defendant
47. An opinion that disagrees with the majority's decision and its reasoning.
Removal
Shepardizing
Dissenting opinion
Fruit of the poisonous tree doctrine
48. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Judicial review
Recklessness
Reversible error
Constructive eviction
49. Rules of conduct promulgated and enforced by the government.
Personal jurisdiction
Necessity
Laws
Dissenting opinion
50. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Consideration
Nominal damages
Motion for a new trial