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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. Courts that determine the facts and apply the law to the facts.
Fruit of the poisonous tree doctrine
Trial courts
Restrictive covenant
Limited jurisdiction
2. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Full-text database
Real property
Legal Reasoning
Transition
3. 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.
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4. Used to describe legislation that changes the common law.
Derogation of the common law
Vicarious representation
Real Property
Execute
5. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Rule 56 motion (summary judgment motion)
Third-party claim
Holding
Answer
6. A tangible object or a right or ownership interest.
Voir dire
Cumulative evidence
Necessity
Property
7. Indirect evidence - used to prove facts by implication.
Verification
Circumstantial evidence
Bill of Rights
Harmless error
8. Law that creates rights and duties.
Substantive law
Punitive damages
Constitutional law
Cross-claim
9. The educated ability to apply law to specific facts.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Corroborative evidence
Professional judgment
Specific performance
10. The rule that in order to claim self-defense there must have been no possibility of retreat.
Statute in derogation of the common law
Self-defense
Tenancy by the entirety
Retreat exception
11. A request that the court prohibit the use of certain evidence at the trial.
Recklessness
Hypertext links
Pretrial conference
Motion to suppress
12. An approach whereby the courts give a statute a narrow interpretation.
Insanity defense
Doctrine of implied powers
Contingency fee
Strict construction
13. The result reached in a particular case.
Plain view doctrine
Property
Statutory element
Disposition
14. Court decisions from a higher court in the same jurisdiction.
Official reporter
American Bar Association (ABA) www.abanet.org
Mandatory authority
Hourly rate
15. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Case reporters
Bailment
Beyond a reasonable doubt
16. '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.
Judicial restraint
Judgment proof
Appellee or respondent
Res ipsa loquitur
17. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Constructive eviction
12(b)(6) motion
Bailment
Plain view doctrine
18. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Affirmative defense
Overrule
Stop and frisk
Contingency fee
19. The reference to a particular page within an opinion.
Questions of law
Motion in limine
Relevancy
Pinpoint cite
20. The status of having received a certificate documenting that the person has successfully completed an educational program.
Diversity jurisdiction
Certificated
Appellant or petitioner
Eminent Domain
21. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Rule 56 motion (summary judgment motion)
Assault
Complaint
Vicarious representation
22. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Subsequent case history
Contributory negligence
Valid
Overrule
23. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Exigent circumstances
Booking
Judgment proof
Contributory negligence
24. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Shepardizing
Implied warranty of habitability
Disposition
Strict liability
25. A person who initiates an appeal.
Verification
Appellant or petitioner
Legal Research
Active Listening
26. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Case citation
Guardian
Legal technician
Respondeat superior
27. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
Challenge for cause
Arrest
Regulation
28. When an appellate court that normally sits in panels sits as a whole.
En banc
Remedial statute
Real Property
Majority opinion
29. The power of government to take private property for public purposes.
Slip laws
Specific performance
Eminent Domain
Beyond a reasonable doubt
30. 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.
Professional judgment
Remedial statute
Appellate courts
Clear and convincing
31. When an appellate court overturns or negates the decision of a lower court.
Ethical wall or screen or cone of silence
Legal Research
Reverse
Disposition
32. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Self-defense
Procedural law
Pleading in the alternative
Doctrine of implied powers
33. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Retainer agreement
Comparative negligence
Strict construction
Consideration
34. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
On point
Overrule
Procedural facts
Rule 56 motion (summary judgment motion)
35. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Syllabus
Administrative law
Affirmative defense
36. Questions relating to the interpretation or application of the law.
Exculpatory clause
Questions of law
Substantive law
Defendant
37. An advance or down payment that is given to engage the services of an attorney.
Questions of fact
U.S. Supreme Court
Concurrent jurisdiction
Retainer
38. A request made to the court.
Reversible error
Loislaw
Motion
Appellee or respondent
39. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Double jeopardy
Documentary evidence
Tenancy by the entirety
Judicial notice
40. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Persuasive authority
Ethical wall or screen or cone of silence
On all fours
Judicial restraint
41. A summary of a court opinion that appears at the beginning of the case.
Pleadings
Syllabus
Real property
Cause of action
42. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Pretrial conference
Writ of certiorari
Reversible error
Notice pleading
43. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Official reporter
Reverse
Arraignment
44. Money is awarded to a plaintiff in payment for his or her actual losses.
Legal Research
Rules of criminal procedure
Compensatory damages
Majority opinion
45. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Duress
Assumption of the risk
Concurring opinion
Exclusionary rule
46. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Model Rules of Professional Conduct
Mediation
Substantive law
Overrule
47. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Interrogatories
Federalism
Damages
48. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Annotated statutes
Respondeat superior
Tort law
49. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Analogous cases
Affirm
Judicial restraint
50. The power of a court to hear a case.
Jurisdiction
Cross-claim
Certified
Dictum