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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. Without the need for a warrant - the police may seize objects that are openly visible.
Practice of law
Relevancy
Plain view doctrine
Reverse
2. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Unofficial reporter
Answer
Bailment
Subsequent case history
3. '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.
Res ipsa loquitur
Unofficial reporter
Summons
Evidence
4. A computerized database that contains the full text of documents - such as court opinions or depositions.
Plaintiff
Citation
Full-text database
Transition
5. A statute that changes the common law.
Actus rea
Subsequent case history
Prior case history
Statute in derogation of the common law
6. Representing someone who is in a position adverse to a prior client.
Property
Personal property
Popular name table
Successive conflict of interest
7. The process of organizing statutes by subject matter.
Affirm
Procedural law
Landmark decision
Codification
8. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Circumstantial evidence
Citation
Reverse
Proving a case within a case
9. 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.
Comparative negligence
Negligence
Strict liability
Statute of limitations
10. A provision in a deed that prohibits specified uses of the property.
Clearly erroneous
Restrictive covenant
Concurring opinion
Specific performance
11. The general jurisdiction trial courts in the federal system.
Liberal construction
Eminent Domain
U.S. district courts
Punitive damages
12. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Circumstantial evidence
Rule 56 motion (summary judgment motion)
Procedural facts
Restatement of the Law of Torts - Second
13. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Legal writing
Transition
Plaintiff
Practice of law
14. 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.
Federalism
Probable cause
Statutory element
Questions of fact
15. The first ten amendments to the U.S. Constitution.
Bill of Rights
Equity
Questions of law
Specific performance
16. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Tort law
Internet
Materiality
17. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Judgment notwithstanding the verdict (judgment N.O.V.)
Booking
Common law
Writ of habeas corpus
18. A document that lists statements regarding specific items for the other party to admit or deny.
Plaintiff
Testimonial evidence
Deponent
Request for admissions
19. 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.
Implied warranty of habitability
Real or physical evidence
Judicial activism
Disbarment
20. The division of governmental power among the legislative - executive - and judicial branches.
Holding
Separation of powers
Charging the jury
Exclusionary rule
21. A token sum awarded when liability has been found but monetary damages cannot be shown.
Substantive law
Issue
Nolo contendere
Nominal damages
22. A trial court error that is not sufficient to warrant reversing the decision.
Reverse
Harmless error
Professional Corporation (PC)
Circumstantial evidence
23. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
Negligence
Respondeat superior
Default judgment
24. 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.
Certificated
Legislative intent
Concurring opinion
Statutes of limitations
25. Evidence that is derived from an illegal search or interrogation is inadmissible.
Pretrial motion
Slip laws
Double jeopardy
Fruit of the poisonous tree doctrine
26. A constitutional protection against being tried twice for the same crime.
Injunction
Void for vagueness
Separation of powers
Double jeopardy
27. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Bailment
Plea bargaining
Contingency Fee
Holding
28. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Regulation
Leading questions
Equity
29. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Subsequent case history
Writ of execution
Mandatory authority
30. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Affirmative defense
Equity
Irresistible impulse test
Original jurisdiction
31. The law itself - such as statutes and court opinions.
Primary authority
Paralegal
Suspension
Limited liability partnership (LLP)
32. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Trial courts
Separation of powers
Power of judicial review
Standing
33. Occurs when the police restrain a person's freedom and charge the person with a crime.
Unauthorized practice of law
Fruit of the poisonous tree doctrine
Arrest
Enabling act
34. The party in a case against whom an appeal has been filed.
Product misuse
Summons
Leading question
Appellee or respondent
35. The power of a court to force a person to appear before it.
Prior case history
Deponent
Personal jurisdiction
Proving a case within a case
36. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Lay witness
Partnership
Void for vagueness
37. In a case brief - the rule of law applied to the case's specific facts.
Compensatory damages
Issue
Black-letter law
Statutory element
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.
Verification
Assumption of the risk
Liberal construction
Legal fiction
39. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Easement
Verification
Persuasive authority
40. The pretrial oral questioning of a witness under oath.
Invasion of Privacy
International Paralegal Management Association (IPMA) www.paralegal management.org
Deposition
Personal property
41. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Stop and frisk
Corroborative evidence
Respondeat superior
Invasion of Privacy
42. 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
Verification
per curium
Code of Federal Regulations (C.F.R.)
Diversity jurisdiction
43. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Writ of habeas corpus
Judicial restraint
Products liability
44. The rule that in order to claim self-defense there must have been no possibility of retreat.
Subsequent case history
Appellate or petitioner
On point
Retreat exception
45. When an appellate court sends a case back to the trial court for a new trial or other action.
Bench trial
Loislaw
Tickler System
Remand
46. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
National Association of Legal Assistants (NALA) www.nala.org
Concluding paragraph
Citation
47. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Confidentiality
Real Property
Fact
48. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Certificated
Guardian
Loislaw
Direct evidence
49. Liability without having to prove fault.
Pleading in the alternative
Subsequent case history
Strict liability
Proximate cause
50. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Proximate cause
12(b)(6) motion
Harmless error
Citing case