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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. 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.
Appellate brief
Overrule
Implied warranty of habitability
Reprimand or censure
2. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Subpoena
Original jurisdiction
Peremptory challenge
3. 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.
Notice pleading
Affirmative defense
Lay witness
Clear and convincing
4. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
U.S. Supreme Court
Federalism
Personal recognizance bond
Mistrial
5. A fee calculated as a percentage of the settlement or award in the case.
Judgment notwithstanding the verdict (judgment N.O.V.)
Contingency Fee
Regulation
Holding
6. Questions relating to the interpretation or application of the law.
Statute in derogation of the common law
Common law
Questions of law
Headnote
7. When a higher court agrees with what lower court has done.
Ejusdem generis
Writ of certiorari
Defendant
Affirm
8. The power of a court to hear a case.
Jurisdiction
Remedial statute
Dissenting opinion
Interrogatories
9. Without the need for a warrant - the police may seize objects that are openly visible.
Judgment
Regulation
Real or physical evidence
Plain view doctrine
10. A law enacted by a state legislature or by Congress.
Enabling act
Statute
Appellate or petitioner
Summons
11. A person who permits or directs another person to act on the principal's behalf.
Lay advocate
Principle
Miranda warnings
Standing
12. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Recidivist
Attorney-client privilege
Practice of law
Pretrial motion
13. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
Agent
Loislaw
Legal Reasoning
14. A court order authorizing a sheriff to take property in order to enforce a judgment.
Reverse
Products liability
Default judgment
Writ of execution
15. The modern pretrial procedure by which one party gains information from the adverse party.
Exculpatory evidence
Subpoena duces tecum
Full-text database
Discovery
16. Generally accepted legal principles.
Constructive eviction
Liberal construction
Black-letter law
Consideration
17. 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.
Overrule
Res ipsa loquitur
Summons
Self-defense
18. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Judicial notice
Miranda warnings
Specific performance
19. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Citation
Default judgment
Double jeopardy
Documentary evidence
20. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Legal malpractice
Holding
Ethical wall or screen or cone of silence
Assault
21. The pretrial oral questioning of a witness under oath.
Indictment
Deposition
Recklessness
Evidence
22. The educated ability to apply law to specific facts.
Assumption of the risk
Professional judgment
Arraignment
Legal technician
23. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Billable hours
Alternative dispute resolution (ADR)
Lay advocate
Equity
24. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Strict liability
Overbreadth
Cause of action
Minor premise
25. A court order requiring a person to appear to testify at a trial or deposition.
Dissenting opinion
Holding
Subpoena
Remedial statute
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.
Proving a case within a case
Concurrent jurisdiction
Summons
Contingency Fee
27. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Remand
Motion in limine
Circumstantial evidence
Materiality
28. 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.
Paralegal
Exclusive jurisdiction
Voir dire
Secondary authority
29. 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
Prima facie case
Diversity jurisdiction
Case reporters
Charging the jury
30. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Motion in limine
Minimum contacts
Registration
U.S. Court of Appeals
31. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Retreat exception
Westlaw
Recidivist
Judicial restraint
32. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Fact
Doctrine of implied powers
Verdict
Judicial notice
33. The power of a court to hear a particular type of case.
Insanity defense
Verdict
Subject matter jurisdiction
Primary authority
34. Used to describe legislation that changes the common law.
Derogation of the common law
Narrow Holding
Power of judicial review
Intellectual Property
35. A statute that changes the common law.
Paralegal
Civil law
Statute in derogation of the common law
On point
36. A statement in a judicial opinion not necessary for the decision of the case.
Dictum
Legal Research
Self-defense
Fruit of the poisonous tree doctrine
37. Books that contain appellate court decisions. There are both official and unofficial reporters.
Compensatory damages
Intentional tort
Primary authority
Case reporters
38. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Leading questions
Defendant
Limited liability partnership (LLP)
39. The court's power to review statutes to decide whether they conform to the Constitution.
Damages
12(b)(6) motion
Judicial review
Defendant
40. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Treatment
Property law
per curium
41. 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.
Substantial capacity test
Summons
Regulation
Analogous cases
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.
Negligence per se
Legal technician
Hearsay
Restatement of the Law of Torts - Second
43. A set charge for a specific service - such as drafting a simple will.
Real or physical evidence
Fixed Fee
Notice
Original jurisdiction
44. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Invasion of Privacy
Punitive damages
Professional Corporation (PC)
45. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Miranda warnings
Professional judgment
Procedural facts
Contributory negligence
46. A witness who has not been shown to have any special expertise.
Assumption of the risk
Materiality
Lay witness
Treatment
47. Not factually true - but accepted by the courts as being legally true.
Limited liability partnership (LLP)
Preponderance of the evidence
Constructive
Legislative intent
48. Courts that determine the facts and apply the law to the facts.
Insanity defense
Trial courts
Fact
Assumption
49. A provision that purports to waive liability.
Service
Separation of powers
Pocket part
Exculpatory clause
50. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Holding
Request for admissions
Arraignment