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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 method for excusing a prospective juror; no reason need be given.
Legal malpractice
Strict liability
Peremptory challenge
Assault
2. Law that deals with harm to an individual.
Challenge for cause
Open Questions
Questions of law
Civil law
3. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Codification of the common law
Clear and convincing
Limited liability partnership (LLP)
Challenge for cause
4. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Valid
Retainer
Full-text searches
Transition
5. The rule requiring that the original document be produced at trial.
Statutory element
Tickler System
Best evidence rule
Preponderance of the evidence
6. Evidence that does not add any new information but that confirms facts that already have been established.
Answer
Cumulative evidence
Voir dire
Appellate brief
7. Rules of conduct promulgated and enforced by the government.
Laws
Landmark decision
Void for vagueness
Jurisdiction
8. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Rule 56 motion (summary judgment motion)
Respondeat superior
Secondary authority
9. The justified use of force to protect oneself or others.
Self-defense
Power of judicial review
Preponderance of the evidence
Legislative history
10. The intermediate appellate courts in the federal system.
Headnote
Tickler System
U.S. Court of Appeals
per curium
11. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Paralegal
Common law
Dissenting opinion
12. Information that can be presented in a court of law as proof of some fact.
Reverse
Concurrent jurisdiction
Digest
Evidence
13. Used to describe legislation that changes the common law.
Motion to suppress
Derogation of the common law
Remand
Double jeopardy
14. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Assumption of the risk
Headnote
Notice
Dismissal with prejudice
15. Simultaneously representing adverse clients.
Legal services offices
Narrow Holding
Statute
Concurrent conflict of interest
16. Without the need for a warrant - the police may seize objects that are openly visible.
Administrative law
per curium
Partnership
Plain view doctrine
17. All property that is not real property.
Necessity
Invasion of Privacy
Personal property
Billable hours
18. Specific questions that usually demand very short or yes-no answers.
Legal services offices
Syllabus
Tickler System
Closed Questions
19. 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).
Class action suit
Indictment
Intentional tort
Joint tenancy
20. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Harmless error
Road Map paragraph
Unauthorized practice of law
Open Questions
21. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Nominal damages
Exigent circumstances
Major premise
Persuasive authority
22. The power of the federal courts to hear matters of federal law.
Recklessness
Comparative negligence
Strict liability
Federal question jurisdiction
23. 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.
Affirmative defense
Preponderance of the evidence
Administrative law
Materiality
24. 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.
Structured database
Affirmative defense
Stop and frisk
Code of Federal Regulations (C.F.R.)
25. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Negligence per se
Judgment notwithstanding the verdict (judgment N.O.V.)
Cause of action
Voir dire
26. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Insanity defense
Retainer agreement
Preponderance of the evidence
Answer
27. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Hourly rate
Consideration
Double jeopardy
Irresistible impulse test
28. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Code of Federal Regulations (C.F.R.)
Quiet enjoyment
Concurring opinion
Duress
29. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Arbitration
12(b)(6) motion
Removal
30. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Removal
Nominal damages
Personal jurisdiction
Broad holding
31. A request made to the court.
Successive conflict of interest
Concurring opinion
Case reporters
Motion
32. 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.
Attorney-client privilege
Pinpoint cite
Statute of limitations
Alternative dispute resolution (ADR)
33. The first ten amendments to the U.S. Constitution.
Default judgment
Suspension
Appellant or petitioner
Bill of Rights
34. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Battered woman's or spouse's syndrome
Judicial notice
Void for vagueness
Concurring opinion
35. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Damages
Materiality
Road Map paragraph
Double jeopardy
36. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Fact
Arraignment
Annotated statutes
37. A court's prior permission for the police to search and seize.
Concluding paragraph
Judicial review
Concurrent conflict of interest
Warrant
38. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Pattern jury instructions
Testimonial evidence
Verdict
39. A right to use property owned by another for a limited purpose.
Vicarious representation
Easement
Rules of evidence
Invasion of Privacy
40. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Legal clinic
Products liability
Real property
Third-party claim
41. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Booking
Rule 56 motion (summary judgment motion)
Successive conflict of interest
Lexis
42. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Assumption of the risk
Lay a foundation
Ethical wall or screen or cone of silence
Default judgment
43. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Broad holding
Consideration
Issue
44. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Remand
Statutes at large or session laws
Mandatory authority
Treatment
45. The pretrial oral questioning of a witness under oath.
Deposition
Distinguishable cases
Harmless error
Procedural facts
46. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Derogation of the common law
U.S. district courts
Appellate or petitioner
47. 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.
Overrule
Cross-claim
Freelance Paralegal
American Bar Association (ABA) www.abanet.org
48. A set of standardized jury instructions.
Pattern jury instructions
Assault
Pretrial conference
Reverse
49. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Majority opinion
Removal
Narrow Holding
Constructive eviction
50. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Search engine
Notice pleading
Self-defense
Request for admissions