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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. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Popular name table
Westlaw
Search engine
Distinguishable cases
2. The power of a court to hear a particular type of case.
Judicial restraint
Subject matter jurisdiction
Concurrent jurisdiction
U.S. Supreme Court
3. A meeting of the attorneys and the judge prior to the beginning of the trial.
Remand
Pretrial conference
Black-letter law
Partnership
4. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Standing
Assumption
Statutory element
Official reporter
5. A defendant's personal promise to appear in court.
Reverse
Internet
Personal recognizance bond
Voir dire
6. In a case brief - the general legal principle in existence before the case began.
Holding
Materiality
Verification
Rule
7. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Appellee or respondent
Competency
Insanity defense
Fact
8. Federal and state rules that regulate how criminal proceedings are conducted.
Issue of first impression
Appellant or petitioner
Federalism
Rules of criminal procedure
9. A reason for invalidating a statute where it covers both protected and criminal activity.
Full-text searches
False imprisonment
Overbreadth
Popular name table
10. Monetary compensation - including compensatory - punitive - and nominal damages.
Tickler System
Count
Subsequent case history
Damages
11. 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.
Alternative dispute resolution (ADR)
Federalism
Practice of law
Agent
12. A witness who has not been shown to have any special expertise.
Questions of fact
Open Questions
Pleadings
Lay witness
13. The party in a case who has initiated an appeal.
Appellate or petitioner
Motion
Disbarment
Competency
14. The publication of false statements that harm a person's reputation.
Defamation
Judicial activism
Actual cause
Personal jurisdiction
15. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Procedural facts
Recidivist
Actus rea
Freelance Paralegal
16. A witness who possesses skill and knowledge beyond that of the average person.
Disposition
Substantive law
Appellate courts
Expert witness
17. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Subsequent case history
Minimum contacts
Reprimand or censure
Unauthorized practice of law
18. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Federalism
Dissenting opinion
Treatment
Recklessness
19. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Concurring opinion
Nominal damages
Unofficial reporter
Judicial review
20. A law promulgated by an administrative agency.
Notice pleading
Counterclaim
Procedural facts
Regulation
21. A warrant that allows the police to enter without announcing their presence in advance.
Appellate or petitioner
No-knock warrant
Pleadings
Open Questions
22. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Alternative dispute resolution (ADR)
Slip laws
Trial courts
23. Written questions sent by one side to the opposing side - answered under oath.
Jurisdiction
Interrogatories
Syllabus
Active Listening
24. A special type of joint tenancy applicable only to married couples.
General jurisdiction
Mandatory authority
Tenancy by the entirety
Nolo contendere
25. A court's prior permission for the police to search and seize.
Procedural facts
Warrant
Plaintiff
Preemption
26. A judicial philosophy that supports an active role for the judiciary in changing the law.
Actual cause
Legal services offices
Entrapment
Judicial activism
27. An opinion that agrees with the majority's result but disagrees with the reasoning.
Charging the jury
Concurring opinion
Subsequent case history
Minor premise
28. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Proving a case within a case
Remand
Road Map paragraph
Expert witness
29. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Potential conflict
Open Questions
Hearsay
Concurrent jurisdiction
30. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Prior case history
Property law
Secondary authority
Peremptory challenge
31. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Duress
Miranda warnings
Tort law
Partnership
32. Courts that determine the facts and apply the law to the facts.
Exigent circumstances
Official reporter
Trial courts
Full-text database
33. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Annotated statutes
Summons
Stare decisis
Doctrine of implied powers
34. When only one court has the power to hear a case.
Official reporter
Execute
Exclusive jurisdiction
Evidence
35. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
U.S. Supreme Court
Reverse
Adverse possession
Judicial review
36. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Unofficial reporter
Constructive eviction
Enabling act
Bench trial
37. A bank account used to hold money belonging to the client or to a third party.
Loislaw
Client trust account
Deposition
Assumption of the risk
38. Courts that determine whether lower courts have made errors of law.
Restrictive covenant
Questions of fact
Verification
Appellate courts
39. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Road Map paragraph
Contributory negligence
Battery
Limited jurisdiction
40. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Alternative dispute resolution (ADR)
En banc
False imprisonment
Canons of construction
41. Evidence that suggests the defendant's guilt.
Plaintiff
Inculpatory evidence
Bill of Rights
Concurrent conflict of interest
42. Violation of a statute as proof of negligence
Inculpatory evidence
Void for vagueness
Negligence per se
Comparative negligence
43. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Voir dire
Citation
Mistrial
Damages
44. A document that lists statements regarding specific items for the other party to admit or deny.
Suspension
Request for admissions
Service
Interrogatories
45. Rules and regulations created by administrative agencies.
Case citation
Subpoena
Writ of execution
Administrative law
46. A fee calculated as a percentage of the settlement or award in the case.
Motion to require a finding of not guilty
Common law
Contingency Fee
Digest
47. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Model Rules of Professional Conduct
Full-text searches
Alternative dispute resolution (ADR)
Subsequent case history
48. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Exculpatory evidence
Analogous cases
Restrictive covenant
Original jurisdiction
49. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Mediation
Potential conflict
Diversity jurisdiction
Legal fiction
50. 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.
Paralegal
Overrule
Booking
Alternative dispute resolution (ADR)