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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. Cases that involve similar facts and rules of law.
Cross-examination
Analogous cases
Mistrial
Clearly erroneous
2. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
Civil law
Remand
Freelance Paralegal
3. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Road Map paragraph
Retreat exception
Transition
Equity
4. A public or private statement that an attorney's conduct violated the code of ethics.
Probable cause
Reprimand or censure
Summary jury trials
Double jeopardy
5. The result reached in a particular case.
Hearsay
Pretrial motion
Official reporter
Disposition
6. An opinion that agrees with the majority's result but disagrees with the reasoning.
Battered woman's or spouse's syndrome
Compensatory damages
Concurring opinion
Administrative law
7. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Adverse possession
Assault
Limited liability partnership (LLP)
Constructive eviction
8. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Issue
Nominal damages
Assumption
Judgment
9. The power of a court to hear a case.
Legislative intent
Jurisdiction
Personal jurisdiction
Contingency Fee
10. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Questions of fact
Preponderance of the evidence
Open Questions
Actual cause
11. Without the need for a warrant - the police may seize objects that are openly visible.
Appellee or respondent
Potential conflict
Plain view doctrine
Limited jurisdiction
12. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Reprimand or censure
Treatment
Certificated
American Bar Association (ABA) www.abanet.org
13. A person who initiates a lawsuit.
Contract
Ejusdem generis
Appellate brief
Plaintiff
14. 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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15. A tangible object or a right or ownership interest.
Property
Full-text database
Pleading in the alternative
Void for vagueness
16. Evidence that suggests the defendant's guilt.
Property
Inculpatory evidence
Easement
Holding
17. A canon of construction meaning 'of the same class.:
Broad holding
Plaintiff
Citing case
Ejusdem generis
18. A grand jury's written accusation that a given individual has committed a crime.
Real Property
Voir dire
Indictment
Case citation
19. 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.
Charging the jury
Product misuse
Minor premise
Prima facie case
20. Rules and regulations created by administrative agencies.
Charging the jury
Administrative law
Damages
Statutory element
21. The rule requiring that the original document be produced at trial.
Pleadings
Best evidence rule
Bill of Rights
Legal services offices
22. 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.
Minor premise
Concurrent jurisdiction
Syllabus
Pretrial motion
23. A court's power to hear only specialized cases.
Entrapment
Citation
Limited jurisdiction
Pleadings
24. A token sum awarded when liability has been found but monetary damages cannot be shown.
Judgment proof
Nominal damages
Jurisdiction
Exhaustion of administrative remedies
25. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Successive conflict of interest
Substantive law
Mistrial
Unofficial reporter
26. Governmental publication of court opinions.
Official reporter
Prior case history
Clearly erroneous
Insanity defense
27. Law that regulates how the legal system operates.
Headnote
Procedural law
Respondeat superior
Secondary authority
28. Liability without having to prove fault.
Legislative intent
Service
Constructive eviction
Strict liability
29. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Adverse possession
Road Map paragraph
Relevancy
Pretrial motion
30. Law dealing with ownership.
Subsequent case history
Strict liability
Actus rea
Property law
31. Not factually true - but accepted by the courts as being legally true.
Challenge for cause
Specific performance
Constructive
Issue of first impression
32. The publication of false statements that harm a person's reputation.
U.S. district courts
Codification
Defamation
Beyond a reasonable doubt
33. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Arbitration
Persuasive authority
Potential conflict
Subsequent case history
34. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Distinguishable cases
On all fours
Professional Corporation (PC)
Judgment notwithstanding the verdict (judgment N.O.V.)
35. A request that the court prohibit the use of certain evidence at the trial.
Statute of limitations
Certified
Motion to suppress
Recidivist
36. Questions that suggest the answer.
Comparative negligence
Arbitration
Default judgment
Leading questions
37. A statute establishing and setting out the powers of an administrative agency.
Legal services offices
Contingency fee
Writ of certiorari
Enabling act
38. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Transition
Procedural facts
Reverse
False imprisonment
39. Cases that involve different facts and/or rules of law.
Suspension
Respondeat superior
Notice
Distinguishable cases
40. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Legal fiction
Holding
Deposition
Assault
41. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Concurring opinion
Arraignment
Evidence
Headnote
42. 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.
Active Listening
Derogation of the common law
Proximate cause
Holding
43. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Recklessness
Official reporter
Power of judicial review
Prima facie case
44. The pretrial oral questioning of a witness under oath.
Deposition
Lay witness
Regulation
Derogation of the common law
45. Consists of records - contracts - leases - wills - and other written instruments.
Service
Substantial capacity test
Documentary evidence
Vicarious representation
46. Voluntarily and knowingly subjecting oneself to danger.
No-knock warrant
Common law
Assumption of the risk
Federalism
47. A book that contains court opinion headnotes arranged by subject matter.
Comparative negligence
Affirmative defense
Digest
Cumulative evidence
48. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Code
Full-text database
Judicial activism
49. Rules of conduct promulgated and enforced by the government.
Subject matter jurisdiction
Laws
Legal fiction
Concurrent conflict of interest
50. A defense whereby the defendant offers new evidence to avoid judgment.
Judicial notice
Bench trial
Writ of certiorari
Affirmative defense