SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. Generally accepted legal principles.
Black-letter law
Probable cause
Code of Federal Regulations (C.F.R.)
M'Naghten test
2. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Affirmative defense
Directed verdict
Judicial restraint
12(b)(6) motion
3. The new legal principle established by a court opinion.
Void for vagueness
Affirm
Holding
Lexis
4. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Assumption of the risk
Concurring opinion
Valid
Double jeopardy
5. Used to describe legislation that changes the common law.
Affirmative defense
Derogation of the common law
Bench trial
Constructive
6. '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.
Defendant
Challenge for cause
Principle
Res ipsa loquitur
7. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Dissenting opinion
Transition
Statutory element
8. 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.
Road Map paragraph
Arraignment
Intellectual Property
Mistrial
9. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Hearsay
Counterclaim
Contract
10. 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.
Issue
Products liability
Analogous cases
Miranda warnings
11. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Relevancy
Pleadings
Paralegal
Appellee or respondent
12. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
On all fours
Retreat exception
Arraignment
13. When a higher court agrees with what lower court has done.
Appellee or respondent
Interrogatories
Affirm
Equity
14. Law that deals with harm to society as a whole.
Deductive reasoning
Fruit of the poisonous tree doctrine
Search engine
Criminal law
15. Occurs when the police restrain a person's freedom and charge the person with a crime.
Certified
Pocket part
Liberal construction
Arrest
16. A request made to the court.
Substantive law
Limited jurisdiction
Motion
Criminal law
17. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Challenge for cause
Enabling act
Invasion of Privacy
Reverse
18. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Harmless error
Nolo contendere
Materiality
19. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Beyond a reasonable doubt
Punitive damages
Appellate or petitioner
Negligence
20. A court order requiring a party to perform a specific act or to cease doing a specific act.
Stop and frisk
Injunction
Road Map paragraph
Constitutional law
21. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Warrant
Deductive reasoning
Doctrine of implied powers
Derogation of the common law
22. The purpose of the legislature at the time it enacted the statute.
Motion in limine
Exculpatory evidence
Expert witness
Legislative intent
23. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Freelance Paralegal
Pinpoint cite
Headnote
Original jurisdiction
24. 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.
U.S. Supreme Court
Codification
Proximate cause
Legislative intent
25. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Model Rules of Professional Conduct
Bailment
Clear and convincing
26. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Client trust account
Fact
Default judgment
Actus rea
27. In a case brief - the general legal principle in existence before the case began.
Active Listening
Grand jury
Rule
Statute
28. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Remand
On point
Substantial capacity test
Alternative dispute resolution (ADR)
29. Evidence that supports previous testimony but that comes in a different form.
On all fours
Loislaw
Directed verdict
Corroborative evidence
30. 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.
Citation
Overrule
Concurring opinion
Broad holding
31. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Preemption
Narrow Holding
General jurisdiction
Notice
32. The law itself - such as statutes and court opinions.
Corroborative evidence
Procedural law
Complaint
Primary authority
33. A trial conducted without a jury.
Real property
Jurisdiction
Subsequent case history
Bench trial
34. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Procedural law
Model Rules of Professional Conduct
Legal clinic
35. 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.
Common law
Reverse
Restrictive covenant
Pretrial motion
36. The questioning of your own witness.
Direct examination
Rules of criminal procedure
Billable hours
Rule 56 motion (summary judgment motion)
37. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Preemption
Recklessness
Discovery
Transition
38. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Legal fiction
Miranda warnings
National Association of Legal Assistants (NALA) www.nala.org
Fact
39. A set charge for a specific service - such as drafting a simple will.
Summons
Fixed Fee
Eminent Domain
Official reporter
40. The transfer of a case from one state court to a federal court.
Analogous cases
Doctrine of implied powers
Bail
Removal
41. In a case brief - the rule of law applied to the case's specific facts.
U.S. Supreme Court
Appellant or petitioner
Issue
Lay witness
42. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Constitutional law
Expert witness
Defamation
43. The requirement that relief be sought from an administrative agency before proceeding to court.
Broad holding
Competency
National Association of Legal Assistants (NALA) www.nala.org
Exhaustion of administrative remedies
44. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Stop and frisk
International Paralegal Management Association (IPMA) www.paralegal management.org
Limited liability partnership (LLP)
Valid
45. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Federalism
Assumption of the risk
Reversible error
Remedial statute
46. Broad questions that put few limits on the freedom of the respondent.
Proximate cause
Open Questions
Subsequent case history
Cross-examination
47. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Property
Personal property
Fixed Fee
48. Money is awarded to a plaintiff in payment for his or her actual losses.
Execute
National Association of Legal Assistants (NALA) www.nala.org
Bail
Compensatory damages
49. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Statute of limitations
Constructive eviction
Closed Questions
50. 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
Statutes at large or session laws
Derogation of the common law
Diversity jurisdiction
Tickler System