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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 standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Challenge for cause
Harmless error
Beyond a reasonable doubt
Plaintiff
2. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Derogation of the common law
Reverse
Concurring opinion
3. The person who is being asked questions at a deposition.
Concluding paragraph
Deponent
Appellee or respondent
Appellate brief
4. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Contributory negligence
Strict construction
Arraignment
Headnote
5. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Actual cause
Jurisdiction
Leading question
Enabling act
6. Monetary compensation - including compensatory - punitive - and nominal damages.
Writ of certiorari
Damages
Reversible error
Closed Questions
7. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Compulsory joinder
Loislaw
Lay witness
Persuasive authority
8. The court's power to review statutes to decide whether they conform to the Constitution.
Statute
Strict liability
Majority opinion
Judicial review
9. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Overrule
Client trust account
Harmless error
Dismissal with prejudice
10. The highest federal appellate court - consisting of nine appointed members.
Transition
U.S. Supreme Court
Legal services offices
Exigent circumstances
11. A court opinion that establishes new law in an important area.
Double jeopardy
Landmark decision
Preemption
Property
12. A summary of one legal point in a court opinion; written by the editors at West.
Annotated statutes
Headnote
Codification of the common law
Distinguishable cases
13. 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.
Model Rules of Professional Conduct
False imprisonment
Deductive reasoning
Prior case history
14. A constitutional protection against being tried twice for the same crime.
Negligence
Affirmative defense
Prima facie case
Double jeopardy
15. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Beyond a reasonable doubt
Best evidence rule
Certified
Alternative dispute resolution (ADR)
16. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Assumption of the risk
Property law
Punitive damages
Cause of action
17. In a complaint - one cause of action.
Regulation
Count
Restrictive covenant
Adverse possession
18. When an appellate court overturns or negates the decision of a lower court.
Freelance Paralegal
Annotated statutes
Reverse
Summary jury trials
19. Law that regulates how the legal system operates.
Procedural law
Adverse possession
Legal technician
Holding
20. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Tort law
Comparative negligence
Mandatory authority
Remedial statute
21. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Class action suit
Cause of action
Plaintiff
Affirm
22. The judge informs the jurors of the law they need to know to make their decision.
Arraignment
Cause of action
Duress
Charging the jury
23. 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.
Proximate cause
Direct evidence
Tort law
Statute of limitations
24. Law that deals with harm to society as a whole.
En banc
Criminal law
Confidentiality
Bail
25. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Harmless error
Certified
Client trust account
Pinpoint cite
26. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Code
Legislative history
Westlaw
Removal
27. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Punitive damages
Holding
Intellectual Property
Slip laws
28. Questions relating to the interpretation or application of the law.
Holding
Questions of law
Unauthorized practice of law
Separation of powers
29. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Limited liability partnership (LLP)
Negligence
Removal
Comparative negligence
30. The status of having received a certificate documenting that the person has successfully completed an educational program.
General jurisdiction
Reasonable suspicion
Certificated
Summons
31. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Legal clinic
Defamation
Deposition
False imprisonment
32. An opinion that disagrees with the majority's decision and reasoning.
Exclusive jurisdiction
Pleading in the alternative
Dissenting opinion
Circumstantial evidence
33. The publication of false statements that harm a person's reputation.
Appellant or petitioner
Defamation
Overbreadth
Pleading in the alternative
34. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Disposition
Active Listening
Substantial capacity test
Defamation
35. Also known as real estate; land and items growing on or permanently attached to that land.
Defendant
Civil law
Suspension
Real Property
36. Generally accepted legal principles.
Stop and frisk
Dissenting opinion
Remand
Black-letter law
37. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Citing case
Summons
Subpoena
Competency
38. The opinion of a jury on a question of fact.
Exclusive jurisdiction
Verdict
Holding
Writ of certiorari
39. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Personal recognizance bond
Strict construction
Transition
Registration
40. 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
Caption
Landmark decision
Westlaw
Stare decisis
41. Cases that involve similar facts and rules of law.
Landmark decision
Analogous cases
Contributory negligence
Peremptory challenge
42. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Questions of law
En banc
Pleading in the alternative
Road Map paragraph
43. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Complaint
Substantial capacity test
Legal services offices
44. A national voluntary organization of lawyers.
Remedial statute
Actus rea
American Bar Association (ABA) www.abanet.org
National Association of Legal Assistants (NALA) www.nala.org
45. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Motion for a new trial
Relevancy
Implied warranty of habitability
On all fours
46. The pleading that begins a lawsuit.
Complaint
Freelance Paralegal
Legal fiction
Concurrent jurisdiction
47. The transfer of a case from one state court to a federal court.
Unofficial reporter
Removal
Structured database
Writ of habeas corpus
48. The party in a case against whom an appeal has been filed.
Intentional tort
Probable cause
Administrative law
Appellee or respondent
49. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Concurring opinion
Challenge for cause
Assumption of the risk
Best evidence rule
50. A trial court error that is not sufficient to warrant reversing the decision.
Case citation
Compulsory joinder
Arraignment
Harmless error