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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 authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Actual cause
Challenge for cause
Overrule
2. The power of a court to hear a particular type of case.
Lay advocate
Legal writing
Subject matter jurisdiction
Ethical wall or screen or cone of silence
3. 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.
Legislative history
Subpoena
Comparative negligence
Peremptory challenge
4. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Landmark decision
Citing case
Summary jury trials
5. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Questions of fact
Necessity
Valid
Dissenting opinion
6. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Appellant or petitioner
Materiality
Grand jury
Citation
7. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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8. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Reasonable suspicion
Unofficial reporter
Motion in limine
Internet
9. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Negligence per se
Directed verdict
Principle
Certified
10. The failure to act reasonably under the circumstances.
Challenge for cause
Negligence
Statutes at large or session laws
Restrictive covenant
11. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Fact
Questions of law
Minor premise
Intellectual Property
12. 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.
Stop and frisk
Actual cause
U.S. Court of Appeals
Concurrent jurisdiction
13. Courts that determine the facts and apply the law to the facts.
Damages
Trial courts
Rule
Search engine
14. Someone who has the power to act in the place of another.
Legal malpractice
Agent
Best evidence rule
Vicarious representation
15. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Derogation of the common law
Complaint
Compensatory damages
Professional Corporation (PC)
16. The party in a lawsuit against whom an appeal has been filed.
En banc
Overrule
Appellee or respondent
Statutes at large or session laws
17. The pleading that begins a lawsuit.
Removal
Complaint
Liberal construction
Statutes at large or session laws
18. A grand jury's written accusation that a given individual has committed a crime.
Broad holding
Summary jury trials
Indictment
Reprimand or censure
19. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Statute of limitations
Shepardizing
Principle
20. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Dissenting opinion
Specific performance
Insanity defense
Answer
21. The power of government to take private property for public purposes.
Eminent Domain
Statute of limitations
Restrictive covenant
Pretrial motion
22. A trial court error that is not sufficient to warrant reversing the decision.
Lay a foundation
Peremptory challenge
Regulation
Harmless error
23. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Concurrent jurisdiction
Easement
Prima facie case
Procedural law
24. The power of a court to hear a case.
Implied warranty of habitability
Potential conflict
Stare decisis
Jurisdiction
25. The intermediate appellate courts in the federal system.
U.S. Court of Appeals
Citation
Circumstantial evidence
Competency
26. Any tangible object - like a bloody glove.
Legal clinic
Dismissal with prejudice
Real or physical evidence
Service
27. When more than one court has jurisdiction to hear a case.
Judgment proof
Invasion of Privacy
Concurrent jurisdiction
Trial courts
28. 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
Indictment
Strict liability
Remedial statute
29. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Exclusive jurisdiction
Case reporters
Stare decisis
30. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Laws
Cross-claim
Secondary authority
Road Map paragraph
31. Liability without a showing of fault.
Interrogatories
Stare decisis
Original jurisdiction
Strict liability
32. Liability without having to prove fault.
Strict liability
Materiality
Narrow Holding
Comparative negligence
33. Generally accepted legal principles.
Black-letter law
Strict liability
Plea bargaining
Citing case
34. 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.
Headnote
Reasonable suspicion
Court of record
Model Rules of Professional Conduct
35. A claim by the defendant against the plaintiff.
Overrule
Reversible error
Property
Counterclaim
36. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Rules of criminal procedure
Bailment
Holding
Actual cause
37. A method for excusing a prospective juror; no reason need be given.
Double jeopardy
Peremptory challenge
Civil law
Lay witness
38. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Concurring opinion
Relevancy
Active Listening
39. Bad act.
Holding
Codification
Actus rea
Overrule
40. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Consideration
Evidence
Battered woman's or spouse's syndrome
Exculpatory clause
41. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Double jeopardy
Attorney-client privilege
Substantive law
Class action suit
42. Evidence that is derived from an illegal search or interrogation is inadmissible.
Implied warranty of habitability
Fruit of the poisonous tree doctrine
Voir dire
Nominal damages
43. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Cumulative evidence
Clear and convincing
Notice pleading
Leading question
44. The purpose of the legislature at the time it enacted the statute.
Confidentiality
Exculpatory evidence
Legislative intent
Equity
45. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Clear and convincing
Guardian
Overbreadth
46. Indirect evidence - used to prove facts by implication.
Federal question jurisdiction
Prima facie case
Circumstantial evidence
Reasonable suspicion
47. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Search engine
Bail
Mandatory authority
48. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Disbarment
Actus rea
Model Rules of Professional Conduct
Legal writing
49. A national association of paralegal managers.
Products liability
Entrapment
International Paralegal Management Association (IPMA) www.paralegal management.org
Tort law
50. Court decisions from a higher court in the same jurisdiction.
Stop and frisk
Leading question
Restrictive covenant
Mandatory authority