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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. Law that regulates how the legal system operates.
Procedural law
Personal property
Strict liability
Contingency Fee
2. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Beyond a reasonable doubt
Cross-examination
Dissenting opinion
3. In a case brief - facts that deal with what happened to the parties before the litigation began.
Popular name table
Deposition
Federalism
Substantive facts
4. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Lay a foundation
Statutes at large or session laws
Judgment
Intentional tort
5. The party in a case who has initiated an appeal.
Answer
Tort law
Appellate or petitioner
Billable hours
6. An opinion that disagrees with the majority's decision and reasoning.
Product misuse
Dissenting opinion
Fixed Fee
Recklessness
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.
Legal malpractice
Professional judgment
per curium
Case citation
8. A request that the court prohibit the use of certain evidence at the trial.
Affirm
Motion to suppress
Defamation
Disposition
9. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Overrule
Tenancy in common
Diversity jurisdiction
Grand jury
10. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Codification
Search engine
Leading question
Bail
11. When an appellate court sends a case back to the trial court for a new trial or other action.
Challenge for cause
Proving a case within a case
Alternative dispute resolution (ADR)
Remand
12. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Headnote
Majority opinion
Contributory negligence
Proximate cause
13. 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.
Subsequent case history
Legal clinic
Principle
Federalism
14. The party in a case against whom an appeal has been filed.
Substantial capacity test
Statutes at large or session laws
Appellee or respondent
Battered woman's or spouse's syndrome
15. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Cause of action
Federalism
Legal malpractice
Contributory negligence
16. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Rule 56 motion (summary judgment motion)
Property law
Lay advocate
Beyond a reasonable doubt
17. Broad questions that put few limits on the freedom of the respondent.
Issue
Treatment
Substantial capacity test
Open Questions
18. Generally accepted legal principles.
Self-defense
Defendant
Black-letter law
Lay a foundation
19. 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.
Directed verdict
Best evidence rule
Evidence
Voir dire
20. An intentional act that creates a harmful or offensive physical contact.
Punitive damages
Attorney-client privilege
Third-party claim
Battery
21. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Booking
Testimonial evidence
Legal services offices
Proving a case within a case
22. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Statutes at large or session laws
Notice
Motion for a new trial
23. Information that can be presented in a court of law as proof of some fact.
Evidence
Tenancy by the entirety
Judicial notice
Minor premise
24. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Easement
Exculpatory clause
Unofficial reporter
Deductive reasoning
25. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Judgment notwithstanding the verdict (judgment N.O.V.)
Holding
Minor premise
Defamation
26. Representing someone who is in a position adverse to a prior client.
Standing
Duress
Successive conflict of interest
Search engine
27. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Strict construction
Necessity
Broad holding
Professional Corporation (PC)
28. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Compulsory joinder
Landmark decision
Leading question
Assault
29. Monetary compensation - including compensatory - punitive - and nominal damages.
Negligence
Damages
Nominal damages
Liberal construction
30. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Minimum contacts
Black-letter law
Booking
Double jeopardy
31. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Guardian
Lay a foundation
Ethical wall or screen or cone of silence
Questions of fact
32. 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.
Case citation
Affirm
Overrule
Prima facie case
33. When a higher court agrees with what lower court has done.
Affirm
Confidentiality
Issue of first impression
Professional Corporation (PC)
34. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Regulation
Dismissal with prejudice
12(b)(6) motion
Necessity
35. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Separation of powers
Disbarment
Alternative dispute resolution (ADR)
36. A constitutional protection against being tried twice for the same crime.
Tenancy by the entirety
Administrative law
Conflict of interest
Double jeopardy
37. A public or private statement that an attorney's conduct violated the code of ethics.
Trial courts
Reprimand or censure
Assumption of the risk
Disposition
38. '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.
Tenancy by the entirety
Res ipsa loquitur
Appellant or petitioner
Concurring opinion
39. Violation of a statute as proof of negligence
Negligence per se
Constructive eviction
Road Map paragraph
Exculpatory evidence
40. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Doctrine of implied powers
Products liability
Arrest
41. A court's power to hear any type of case arising within its geographical area.
Subpoena duces tecum
Black-letter law
General jurisdiction
U.S. Court of Appeals
42. A statute establishing and setting out the powers of an administrative agency.
Equity
Distinguishable cases
Enabling act
Negligence
43. Evidence that supports previous testimony but that comes in a different form.
Circumstantial evidence
Corroborative evidence
Affirm
Fruit of the poisonous tree doctrine
44. Law that creates rights and duties.
Certificated
Treatment
Minimum contacts
Substantive law
45. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Reverse
Respondeat superior
Personal jurisdiction
Diversity jurisdiction
46. 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
Preemption
American Bar Association (ABA) www.abanet.org
Diversity jurisdiction
47. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Pretrial motion
Legal malpractice
Caption
Restatement of the Law of Torts - Second
48. 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.
Holding
Lay a foundation
Evidence
Remedial statute
49. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Landmark decision
Primary authority
Cumulative evidence
50. In a case brief - the rule of law applied to the case's specific facts.
Pretrial conference
Booking
Issue
General jurisdiction