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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. Land and objects permanently attached to land.
Search engine
Real property
Deposition
Issue of first impression
2. Establishes a direct link to the event that must be proven.
Direct evidence
Preponderance of the evidence
Legal Reasoning
Nominal damages
3. 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.
Contingency fee
Adverse possession
Writ of certiorari
Standing
4. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Corroborative evidence
National Association of Legal Assistants (NALA) www.nala.org
Miranda warnings
Search engine
5. A compilation of federal administrative regulations arranged by agency.
Holding
Writ of execution
Attorney-client privilege
Code of Federal Regulations (C.F.R.)
6. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Direct examination
Persuasive authority
Comparative negligence
Internet
7. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Appellee or respondent
Competency
Common law
8. The chronological publication of statutes at the end of a legislative session.
Materiality
Product misuse
Statutes at large or session laws
Cumulative evidence
9. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Judgment proof
Statutes of limitations
Property
Case citation
10. Being informed of some act done or about to be done.
Notice
Testimonial evidence
Inculpatory evidence
Tenancy in common
11. 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
Billable hours
Certified
Diversity jurisdiction
Indictment
12. 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.
U.S. Court of Appeals
Minor premise
Property
Reasonable suspicion
13. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Judgment notwithstanding the verdict (judgment N.O.V.)
Potential conflict
Appellate or petitioner
Subpoena
14. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Products liability
Evidence
Procedural law
15. The delivery of a pleading or other paper in a lawsuit to the opposing party.
En banc
Federal question jurisdiction
Certificated
Service
16. The general jurisdiction trial courts in the federal system.
Appellee or respondent
U.S. district courts
Testimonial evidence
Rule 56 motion (summary judgment motion)
17. A court's prior permission for the police to search and seize.
Cross-claim
Tenancy by the entirety
Warrant
Verification
18. The new legal principle established by a court opinion.
Holding
Inculpatory evidence
Testimonial evidence
On point
19. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Narrow Holding
En banc
Substantial capacity test
Confidentiality
20. Summary of one legal point in a court opinion; written by the editors at West.
Retainer agreement
Execute
Headnote
Popular name table
21. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Double jeopardy
Entrapment
Subject matter jurisdiction
Authentication
22. An actual incident or condition; not a legal consequence.
Actual cause
Third-party claim
Potential conflict
Fact
23. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Federal question jurisdiction
Answer
Pleading in the alternative
Recklessness
24. The process of finding the law.
Attorney-client privilege
Laws
Legal Research
Double jeopardy
25. 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.
General jurisdiction
Clear and convincing
Testimonial evidence
Real property
26. Monetary compensation - including compensatory - punitive - and nominal damages.
Legal technician
Damages
Invasion of Privacy
Unofficial reporter
27. 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.
Harmless error
Syllabus
Relevancy
Overrule
28. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Personal property
Third-party claim
Execute
Corroborative evidence
29. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Damages
Restatement of the Law of Torts - Second
Pinpoint cite
Voir dire
30. A judicial philosophy that supports an active role for the judiciary in changing the law.
Narrow Holding
Prima facie case
Judicial activism
Legislative intent
31. A method for excusing a prospective juror; no reason need be given.
Enabling act
Potential conflict
Peremptory challenge
Constructive eviction
32. The power of a court to force a person to appear before it.
Plain view doctrine
Compulsory joinder
Legal malpractice
Personal jurisdiction
33. A defendant's personal promise to appear in court.
Personal recognizance bond
Writ of execution
Proving a case within a case
Authentication
34. The judge informs the jurors of the law they need to know to make their decision.
Hourly rate
Charging the jury
Prima facie case
Popular name table
35. The failure to act reasonably under the circumstances.
Issue
Stop and frisk
Negligence
Search engine
36. A temporary transfer of personal property to someone other than the owner for a specified purpose.
U.S. Court of Appeals
Bailment
Challenge for cause
Procedural law
37. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Restatement of the Law of Torts - Second
Reverse
Concurrent conflict of interest
Harmless error
38. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Plain meaning
Writ of certiorari
Questions of fact
Mediation
39. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Narrow Holding
Concluding paragraph
Miranda warnings
Necessity
40. Rules of conduct promulgated and enforced by the government.
Client trust account
Laws
Lay advocate
Majority opinion
41. Federal and state rules that govern the admissibility of evidence in court.
Reversible error
Statutes of limitations
Restrictive covenant
Rules of evidence
42. Courts that determine the facts and apply the law to the facts.
Deposition
Grand jury
Trial courts
Product misuse
43. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Retreat exception
Intellectual Property
Overbreadth
Retainer
44. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Strict liability
Void for vagueness
Billable hours
45. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Ejusdem generis
Jurisdiction
Summary jury trials
46. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Default judgment
Overrule
Lexis
General jurisdiction
47. A tangible object or a right or ownership interest.
Assumption of the risk
Quiet enjoyment
Property
Arbitration
48. Any tangible object - like a bloody glove.
Real or physical evidence
Prima facie case
Landmark decision
Concurring opinion
49. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Pleadings
Motion to require a finding of not guilty
Model Rules of Professional Conduct
50. The failure of an attorney to act reasonably.
Valid
Legal malpractice
Professional Corporation (PC)
En banc