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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. The reference to a particular page within an opinion.
Pinpoint cite
Documentary evidence
U.S. Supreme Court
Necessity
2. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Concurrent jurisdiction
Issue
Interrogatories
3. 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.
Real Property
Expert witness
Diversity jurisdiction
Persuasive authority
4. 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
Diversity jurisdiction
Compensatory damages
Plain view doctrine
Hearsay
5. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Request for admissions
Duress
Constructive eviction
6. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
International Paralegal Management Association (IPMA) www.paralegal management.org
Plain meaning
Legal clinic
Motion for a new trial
7. An opinion that disagrees with the majority's decision and reasoning.
Judicial restraint
Dissenting opinion
Disbarment
Limited jurisdiction
8. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Judicial review
Comparative negligence
Bailment
9. A court order requiring a person to appear to testify at a trial or deposition.
Harmless error
Subsequent case history
Subpoena
Remand
10. An opinion that agrees with the majority's result but disagrees with its reasoning.
Black-letter law
Concurring opinion
U.S. district courts
Tenancy in common
11. 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
Defendant
Holding
Subject matter jurisdiction
12. The chronological publication of statutes at the end of a legislative session.
Competency
Statutes at large or session laws
Legal Reasoning
Restrictive covenant
13. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Legal writing
Model Rules of Professional Conduct
Proving a case within a case
Minimum contacts
14. 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.
Westlaw
Internet
Irresistible impulse test
Loislaw
15. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Beyond a reasonable doubt
Confidentiality
General jurisdiction
Mandatory authority
16. 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.
Miranda warnings
Tickler System
Arraignment
Writ of habeas corpus
17. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Substantial capacity test
Joint tenancy
18. A case listed in Shepard's that cites your case.
Fruit of the poisonous tree doctrine
Common law
Overbreadth
Citing case
19. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Rule
Contributory negligence
Easement
20. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Grand jury
Expert witness
Subsequent case history
Federalism
21. A defense whereby the defendant offers new evidence to avoid judgment.
Injunction
Contributory negligence
Affirmative defense
Freelance Paralegal
22. Evidence that suggests the defendant's guilt.
Dismissal with prejudice
Confidentiality
Legal writing
Inculpatory evidence
23. Courts that determine the facts and apply the law to the facts.
Persuasive authority
Trial courts
Deponent
Product misuse
24. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Canons of construction
Affirm
Best evidence rule
Registration
25. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Annotated statutes
Code
Answer
Slip laws
26. A tort committed by one who intends to do the act that creates the harm.
Syllabus
Legal Research
Defendant
Intentional tort
27. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Federal question jurisdiction
Caption
International Paralegal Management Association (IPMA) www.paralegal management.org
28. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Harmless error
Count
Official reporter
29. Law dealing with ownership.
Limited jurisdiction
Battered woman's or spouse's syndrome
Property law
Constitutional law
30. Something of value exchanged to form the basis of a contract.
Agent
Motion
Punitive damages
Consideration
31. Standard used by appellate courts when reviewing a trial court's findings of fact.
Third-party claim
Competency
Personal property
Clearly erroneous
32. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Legal clinic
Lay witness
No-knock warrant
33. A defendant's personal promise to appear in court.
Personal recognizance bond
Easement
Dismissal with prejudice
Westlaw
34. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Materiality
Freelance Paralegal
Subject matter jurisdiction
Black-letter law
35. A suspicion based on specific facts; less than probable cause.
Class action suit
Minor premise
Reasonable suspicion
Corroborative evidence
36. The failure of an attorney to act reasonably.
Lay a foundation
Legal malpractice
Real or physical evidence
No-knock warrant
37. The judge informs the jurors of the law they need to know to make their decision.
Annotated statutes
Procedural facts
Charging the jury
Certified
38. A constitutional protection against being tried twice for the same crime.
Direct examination
Code
U.S. Supreme Court
Double jeopardy
39. Used to describe legislation that changes the common law.
Ejusdem generis
Derogation of the common law
Subsequent case history
Direct examination
40. A special type of joint tenancy applicable only to married couples.
Certified
Rules of evidence
Circumstantial evidence
Tenancy by the entirety
41. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Directed verdict
Personal property
Dissenting opinion
Rules of evidence
42. An approach whereby the courts give a statute a broad interpretation.
Peremptory challenge
Legislative intent
Registration
Liberal construction
43. A meeting of the attorneys and the judge prior to the beginning of the trial.
Nominal damages
Pretrial conference
Irresistible impulse test
False imprisonment
44. 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
Loislaw
Affirm
Headnote
Equity
45. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Tenancy in common
Retreat exception
Writ of execution
Legal clinic
46. The papers that begin a lawsuit-generally - the complaint and the answer.
Real Property
Notice pleading
Questions of law
Pleadings
47. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Shepardizing
Internet
Preponderance of the evidence
Judicial notice
48. Land and objects permanently attached to land.
Real property
Unauthorized practice of law
Statute
Corroborative evidence
49. Books that contain appellate court decisions. There are both official and unofficial reporters.
Rules of criminal procedure
Lay advocate
Personal property
Case reporters
50. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Nolo contendere
Search engine
Black-letter law
Alternative dispute resolution (ADR)