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 law enacted by a state legislature or by Congress.
Shepardizing
Statute
Tenancy in common
Contingency fee
2. 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.
Cross-examination
Federalism
Assumption of the risk
Retainer
3. Liability without a showing of fault.
Headnote
Pleading in the alternative
Strict liability
Subpoena duces tecum
4. A reason for invalidating a statute where it covers both protected and criminal activity.
Stop and frisk
Rule 56 motion (summary judgment motion)
Overbreadth
Open Questions
5. 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).
Punitive damages
Product misuse
Joint tenancy
U.S. Court of Appeals
6. In a case brief - the general legal principle in existence before the case began.
Cross-examination
International Paralegal Management Association (IPMA) www.paralegal management.org
Rule
Procedural law
7. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
per curium
Writ of habeas corpus
Intentional tort
Nolo contendere
8. Cases that involve similar facts and rules of law.
Analogous cases
Mistrial
Plain meaning
Probable cause
9. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Dismissal with prejudice
Judicial review
Concurring opinion
10. A defense whereby the defendant offers new evidence to avoid judgment.
Judicial activism
Affirmative defense
Contributory negligence
Beyond a reasonable doubt
11. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
U.S. Supreme Court
Testimonial evidence
Count
Best evidence rule
12. All property that is not real property.
Challenge for cause
Personal property
National Association of Legal Assistants (NALA) www.nala.org
Testimonial evidence
13. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Statute
Questions of fact
Active Listening
Black-letter law
14. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Corroborative evidence
Internet
Subject matter jurisdiction
15. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Hypertext links
Cross-claim
Battery
Alternative dispute resolution (ADR)
16. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Charging the jury
Contributory negligence
Third-party claim
Contingency Fee
17. The reference to a particular page within an opinion.
Pinpoint cite
Corroborative evidence
Exigent circumstances
Concurrent jurisdiction
18. A witness who possesses skill and knowledge beyond that of the average person.
Subsequent case history
Strict liability
Expert witness
Request for admissions
19. The transfer of a case from one state court to a federal court.
Removal
Minor premise
Substantive law
Citation
20. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Citing case
Mediation
Affirm
Writ of certiorari
21. An opinion in which a majority of the court joins.
Professional judgment
Majority opinion
Battery
Affirm
22. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Contributory negligence
Deponent
Real Property
23. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Procedural law
Reprimand or censure
Lexis
24. The failure to act reasonably under the circumstances.
Enabling act
Assault
Reverse
Negligence
25. A book that contains court opinion headnotes arranged by subject matter.
Digest
Comparative negligence
Constructive eviction
Booking
26. A canon of construction meaning 'of the same class.:
Tenancy in common
Ejusdem generis
En banc
Rules of evidence
27. Generally - an emergency situation that allows a search to proceed without a warrant.
Exigent circumstances
Partnership
Appellant or petitioner
Loislaw
28. Simultaneously representing adverse clients.
Agent
Concurrent conflict of interest
Closed Questions
Civil law
29. A statement in a judicial opinion not necessary for the decision of the case.
Legislative history
Defamation
Verdict
Dictum
30. Violation of a statute as proof of negligence
On point
Negligence per se
Affirmative defense
Pinpoint cite
31. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Questions of law
Fact
Constructive eviction
Appellate brief
32. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Implied warranty of habitability
Subsequent case history
Personal property
33. The process of organizing statutes by subject matter.
Pretrial motion
Headnote
Full-text database
Codification
34. A court's power to hear only specialized cases.
Citation
Enabling act
Limited jurisdiction
Summons
35. The result reached in a particular case.
Substantive facts
Disposition
Assumption
Preemption
36. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Subpoena
Preponderance of the evidence
Appellate or petitioner
37. Law that deals with harm to society as a whole.
Westlaw
Criminal law
Lay witness
Exclusive jurisdiction
38. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Doctrine of implied powers
Disposition
Consideration
Caption
39. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Diversity jurisdiction
Liberal construction
Procedural facts
40. A statute that changes the common law.
Procedural facts
Intellectual Property
Appellant or petitioner
Statute in derogation of the common law
41. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Double jeopardy
Damages
Questions of fact
Search engine
42. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Reversible error
Reverse
Deposition
Subsequent case history
43. 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.
Federalism
Separation of powers
Procedural facts
Reasonable suspicion
44. Establishes a direct link to the event that must be proven.
Motion for a new trial
U.S. Court of Appeals
Road Map paragraph
Direct evidence
45. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Criminal law
Personal property
Issue
Affirm
46. The power of a court to hear a case.
Motion for a new trial
Jurisdiction
Assault
Judicial review
47. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
48. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Statutes of limitations
Lay advocate
Case citation
Legislative intent
49. A national association of paralegal associations.
Ejusdem generis
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Lay witness
Concluding paragraph
50. Bad act.
Actus rea
Black-letter law
Hypertext links
Paralegal