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Test your basic knowledge |
Paralegal 101
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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. Information about the law - such as that contained in encyclopedias and law review articles.
Appellant or petitioner
Secondary authority
Products liability
Procedural law
2. Law that deals with harm to a person or a person's property.
Secondary authority
Hearsay
Tort law
Direct evidence
3. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Affirmative defense
Dismissal with prejudice
Hearsay
Summons
4. A court's prior permission for the police to search and seize.
Subpoena duces tecum
Warrant
Eminent Domain
Exigent circumstances
5. 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.
Original jurisdiction
Concurring opinion
Standing
Subpoena duces tecum
6. A summary of one legal point in a court opinion; written by the editors at West.
Summary jury trials
Syllabus
Headnote
Slip laws
7. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Constructive
Tenancy by the entirety
Mistrial
Materiality
8. The tort theory that an employer can be sued for the negligent acts of its employees.
Contributory negligence
Federalism
Respondeat superior
Subpoena duces tecum
9. 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.
Third-party claim
Equity
Minor premise
Pleading in the alternative
10. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Vicarious representation
On all fours
Substantial capacity test
Fact
11. Bad act.
Actus rea
Open Questions
Motion to suppress
Bench trial
12. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Nolo contendere
Hearsay
Appellee or respondent
Major premise
13. 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.
Valid
Leading question
Arraignment
Professional judgment
14. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Loislaw
Prima facie case
Clearly erroneous
15. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Arbitration
Plea bargaining
Popular name table
Rule
16. A meeting of the attorneys and the judge prior to the beginning of the trial.
Discovery
Evidence
Pretrial conference
Nolo contendere
17. Generally - an emergency situation that allows a search to proceed without a warrant.
No-knock warrant
Relevancy
Appellee or respondent
Exigent circumstances
18. An actual incident or condition; not a legal consequence.
Prima facie case
Fact
Diversity jurisdiction
Issue
19. Evidence that supports previous testimony but that comes in a different form.
Subsequent case history
Legal Research
Indictment
Corroborative evidence
20. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Disbarment
Annotated statutes
Alternative dispute resolution (ADR)
Answer
21. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Retainer
Specific performance
Subsequent case history
Hourly rate
22. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Professional Corporation (PC)
Power of judicial review
Bill of Rights
Charging the jury
23. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Direct examination
Nolo contendere
Judgment proof
Derogation of the common law
24. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Minor premise
Mandatory authority
Overbreadth
Major premise
25. A request that the court order that certain information not be mentioned in the presence of the jury.
Corroborative evidence
Motion to suppress
Verdict
Motion in limine
26. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Unauthorized practice of law
Lay advocate
Proving a case within a case
Full-text database
27. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Persuasive authority
Tickler System
Subpoena duces tecum
Legal Research
28. A provision in a deed that prohibits specified uses of the property.
Retainer
Restrictive covenant
Ejusdem generis
Successive conflict of interest
29. An opinion that agrees with the majority's result but disagrees with the reasoning.
Lay witness
Standing
Concurring opinion
U.S. Supreme Court
30. 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
Equity
Recidivist
Standing
Full-text database
31. The rule that in order to claim self-defense there must have been no possibility of retreat.
Annotated statutes
Defamation
Comparative negligence
Retreat exception
32. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Remand
Materiality
Slip laws
Practice of law
33. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Assumption of the risk
Structured database
Plaintiff
Confidentiality
34. 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.
Affirm
Clear and convincing
Writ of execution
Dissenting opinion
35. A request made to the court.
No-knock warrant
Corroborative evidence
Shepardizing
Motion
36. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Registration
Direct examination
Challenge for cause
Judicial notice
37. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Broad holding
Liberal construction
Request for admissions
Relevancy
38. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Intellectual Property
Writ of habeas corpus
Registration
Battered woman's or spouse's syndrome
39. The revocation of an attorney's license.
Disbarment
Landmark decision
Overbreadth
Voir dire
40. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Analogous cases
Legal Reasoning
Original jurisdiction
Real Property
41. 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.
Evidence
Broad holding
Dictum
Full-text searches
42. 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.
Proving a case within a case
Disposition
Legal technician
Battery
43. The opinion of a jury on a question of fact.
Verdict
Concurrent conflict of interest
Equity
En banc
44. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Dismissal with prejudice
Caption
Alternative dispute resolution (ADR)
Subpoena duces tecum
45. A court order requiring a person to appear to testify at a trial or deposition.
Successive conflict of interest
Mistrial
Consideration
Subpoena
46. 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.
Inculpatory evidence
Tort law
Federalism
Quiet enjoyment
47. A case listed in Shepard's that cites your case.
Judicial review
Citing case
Peremptory challenge
Procedural facts
48. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Pinpoint cite
Statute of limitations
Real Property
Stare decisis
49. The process of organizing statutes by subject matter.
Judicial notice
Issue
Standing
Codification
50. Establishes a direct link to the event that must be proven.
Attorney-client privilege
Leading question
Exculpatory evidence
Direct evidence
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