SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 court's prior permission for the police to search and seize.
Request for admissions
Warrant
Actus rea
Lay witness
2. 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.
Constitutional law
Holding
Recidivist
Compensatory damages
3. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Battery
Closed Questions
Personal jurisdiction
4. A repeat offender; one who continues to commit more crimes.
Comparative negligence
Vicarious representation
Recidivist
Minimum contacts
5. A statement in a judicial opinion not necessary for the decision of the case.
12(b)(6) motion
Dictum
Pretrial conference
Registration
6. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Proximate cause
Narrow Holding
Registration
Adverse possession
7. 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.
Procedural facts
Minimum contacts
Deposition
Remand
8. 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.
Statutes of limitations
Statute of limitations
Negligence
Restatement of the Law of Torts - Second
9. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Paralegal
Summary jury trials
Service
Transition
10. An agreement supported by consideration.
Specific performance
En banc
Contract
Separation of powers
11. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Agent
Circumstantial evidence
Unofficial reporter
Answer
12. An opinion in which a majority of the court joins.
Billable hours
Res ipsa loquitur
Suspension
Majority opinion
13. The intermediate appellate courts in the federal system.
Battery
U.S. Court of Appeals
Relevancy
Res ipsa loquitur
14. 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.
Motion to require a finding of not guilty
Lay a foundation
Reverse
Internet
15. 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.
Expert witness
Federalism
Attorney-client privilege
Plaintiff
16. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Codification
Headnote
Leading question
Preemption
17. Evidence that suggests the defendant's innocence.
Equity
Exculpatory evidence
Legal technician
Double jeopardy
18. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Dissenting opinion
Arbitration
Strict liability
Full-text searches
19. The new legal principle established by a court opinion.
Dissenting opinion
Appellant or petitioner
Holding
Proximate cause
20. The requirement that relief be sought from an administrative agency before proceeding to court.
U.S. Court of Appeals
Mediation
Certificated
Exhaustion of administrative remedies
21. 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)
Cross-examination
Dictum
Inculpatory evidence
22. 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.
Clear and convincing
Equity
Overrule
En banc
23. Law that deals with harm to a person or a person's property.
Primary authority
Quiet enjoyment
Criminal law
Tort law
24. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Quiet enjoyment
Writ of certiorari
Potential conflict
Comparative negligence
25. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Battered woman's or spouse's syndrome
Summons
Code
Assumption
26. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Recklessness
Dismissal with prejudice
National Association of Legal Assistants (NALA) www.nala.org
Annotated statutes
27. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Persuasive authority
Class action suit
Clearly erroneous
Judgment
28. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Arrest
Model Rules of Professional Conduct
Limited liability partnership (LLP)
29. Generally accepted legal principles.
Separation of powers
Black-letter law
Specific performance
Statute
30. A request made to the court.
Legal Research
Lay advocate
Separation of powers
Motion
31. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Headnote
Reverse
Writ of execution
Execute
32. 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.
Dissenting opinion
Fact
Minimum contacts
Narrow Holding
33. Proof that the evidence is what it is said to be.
Plea bargaining
Judicial notice
Remand
Authentication
34. An advance or down payment that is given to engage the services of an attorney.
Prior case history
Legal fiction
Appellate courts
Retainer
35. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Retreat exception
Overrule
Standing
36. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Concurring opinion
Res ipsa loquitur
Analogous cases
Mistrial
37. Land and objects permanently attached to land.
Count
Hearsay
Verdict
Real property
38. A tort committed by one who intends to do the act that creates the harm.
Professional Corporation (PC)
Intentional tort
Syllabus
Agent
39. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Ethical wall or screen or cone of silence
U.S. Court of Appeals
Materiality
Restatement of the Law of Torts - Second
40. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Certified
Issue
Motion for a new trial
Harmless error
41. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Plain view doctrine
Disposition
Statutory element
Prior case history
42. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Affirm
Insanity defense
Tickler System
43. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Client trust account
Constitutional law
American Bar Association (ABA) www.abanet.org
Judgment notwithstanding the verdict (judgment N.O.V.)
44. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Irresistible impulse test
Alternative dispute resolution (ADR)
Booking
Headnote
45. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Treatment
Mistrial
Legal Research
Legal Reasoning
46. An intentional act that creates a harmful or offensive physical contact.
Pocket part
Joint tenancy
On point
Battery
47. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Warrant
Restatement of the Law of Torts - Second
Tenancy by the entirety
48. Someone who has the power to act in the place of another.
Summons
Shepardizing
Criminal law
Agent
49. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Statutory element
Doctrine of implied powers
Trial courts
Verdict
50. A set of standardized jury instructions.
Rule
Proximate cause
Pattern jury instructions
Hourly rate