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. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Statutes of limitations
Pocket part
Proving a case within a case
2. A grand jury's written accusation that a given individual has committed a crime.
Attorney-client privilege
Disbarment
Indictment
Defendant
3. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Plain view doctrine
Invasion of Privacy
Ethical wall or screen or cone of silence
Statute in derogation of the common law
4. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Laws
Concurrent conflict of interest
Plaintiff
5. A claim by the defendant against the plaintiff.
Affirm
Reprimand or censure
Broad holding
Counterclaim
6. Broad questions that put few limits on the freedom of the respondent.
Citing case
Indictment
Transition
Open Questions
7. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Exclusive jurisdiction
Dissenting opinion
U.S. district courts
8. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Expert witness
Motion to suppress
Defendant
Loislaw
9. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Exigent circumstances
Nolo contendere
Reverse
Code
10. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Probable cause
Service
Billable hours
Duress
11. A summary of one legal point in a court opinion; written by the editors at West.
Substantive facts
Injunction
Pretrial motion
Headnote
12. Questions relating to the interpretation or application of the law.
Dissenting opinion
Questions of law
Unauthorized practice of law
Lay advocate
13. Simultaneously representing adverse clients.
Landmark decision
Concurring opinion
Concurrent conflict of interest
Pattern jury instructions
14. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Insanity defense
Overrule
Judgment
Complaint
15. When an appellate court sends a case back to the trial court for a new trial or other action.
Mediation
Tickler System
Rule
Remand
16. Something of value exchanged to form the basis of a contract.
Cumulative evidence
Procedural facts
Consideration
Comparative negligence
17. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Billable hours
Assumption
Testimonial evidence
Common law
18. Evidence that suggests the defendant's innocence.
Substantive law
Tenancy by the entirety
Questions of law
Exculpatory evidence
19. The application of legal rules to a client's specific factual situation; also known as legal analysis.
En banc
Appellate courts
Legal Reasoning
Common law
20. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Miranda warnings
Minor premise
Statutes of limitations
21. The failure to act reasonably under the circumstances.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Constructive
Hourly rate
Negligence
22. The division of governmental power among the legislative - executive - and judicial branches.
Notice
Cross-examination
Separation of powers
Ethical wall or screen or cone of silence
23. 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).
Assault
Rule
Joint tenancy
Recidivist
24. 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.
Bill of Rights
Standing
Reverse
Prior case history
25. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Remand
Deductive reasoning
On all fours
Subsequent case history
26. When the defendant does not have sufficient money or other assets to pay the judgment.
Real or physical evidence
Slip laws
Judgment proof
Summary jury trials
27. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Hypertext links
Assault
Legal Reasoning
Equity
28. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Dissenting opinion
Bail
Legal services offices
Broad holding
29. A person who initiates an appeal.
Interrogatories
Appellant or petitioner
Stop and frisk
Administrative law
30. 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.
Fruit of the poisonous tree doctrine
Appellant or petitioner
Headnote
Grand jury
31. A fee calculated as a percentage of the settlement or award in the case.
Conflict of interest
Request for admissions
Questions of law
Contingency Fee
32. 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.
Certified
Warrant
Stop and frisk
Rule
33. 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.
Irresistible impulse test
Principle
Overrule
Derogation of the common law
34. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Necessity
Writ of execution
Dictum
Entrapment
35. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Suspension
Proving a case within a case
Injunction
On all fours
36. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Execute
Default judgment
Notice pleading
En banc
37. An approach whereby the courts give a statute a broad interpretation.
Treatment
Statutes of limitations
Stare decisis
Liberal construction
38. A separable part of a statute that must be satisfied for the statute to apply.
Tenancy in common
Cross-claim
Ethical wall or screen or cone of silence
Statutory element
39. 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.
Prior case history
Cause of action
Successive conflict of interest
Judicial review
40. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Equity
Popular name table
Summons
per curium
41. The process of organizing statutes by subject matter.
Legal fiction
Codification
Legal writing
Notice pleading
42. All property that is not real property.
Personal property
General jurisdiction
Compensatory damages
Writ of habeas corpus
43. A request that the court release the defendant because of the illegality of the incarceration.
Relevancy
Retainer agreement
Writ of habeas corpus
Suspension
44. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Motion for a new trial
Third-party claim
No-knock warrant
Comparative negligence
45. A trial court error that is not sufficient to warrant reversing the decision.
Search engine
Motion in limine
Harmless error
Slip laws
46. The general jurisdiction trial courts in the federal system.
Entrapment
U.S. district courts
Case citation
Double jeopardy
47. A request made to the court.
Majority opinion
Direct examination
Motion
Specific performance
48. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Exclusionary rule
Probable cause
Evidence
Constitutional law
49. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Deposition
Active Listening
Personal recognizance bond
Statutes at large or session laws
50. An intentional act that creates a harmful or offensive physical contact.
Digest
Negligence per se
Battery
Mandatory authority