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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. Not factually true - but accepted by the courts as being legally true.
Insanity defense
Removal
Rule 56 motion (summary judgment motion)
Constructive
2. Evidence that is derived from an illegal search or interrogation is inadmissible.
Case reporters
Code
Fruit of the poisonous tree doctrine
Compulsory joinder
3. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Rule 56 motion (summary judgment motion)
Intellectual Property
Best evidence rule
4. The court's power to review statutes to decide whether they conform to the Constitution.
Third-party claim
per curium
Judicial review
Request for admissions
5. A case listed in Shepard's that cites your case.
Statute in derogation of the common law
Clear and convincing
Citing case
Digest
6. A bank account used to hold money belonging to the client or to a third party.
Exculpatory evidence
Proving a case within a case
Tickler System
Client trust account
7. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Mens rea
Self-defense
Comparative negligence
Statute
8. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Specific performance
Appellate brief
Regulation
Invasion of Privacy
9. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Judicial restraint
Full-text searches
Black-letter law
Assault
10. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Judicial notice
Hypertext links
Peremptory challenge
Leading question
11. A defendant's personal promise to appear in court.
Beyond a reasonable doubt
Double jeopardy
Personal recognizance bond
Plaintiff
12. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Entrapment
Prior case history
Appellee or respondent
Motion to require a finding of not guilty
13. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Joint tenancy
Booking
Issue
Intellectual Property
14. Also known as real estate; land and items growing on or permanently attached to that land.
Personal recognizance bond
Issue
Real Property
U.S. district courts
15. Used to describe legislation that changes the common law.
Entrapment
Derogation of the common law
Challenge for cause
Issue of first impression
16. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Constructive
Exclusive jurisdiction
Prima facie case
Prior case history
17. A defense whereby the defendant offers new evidence to avoid judgment.
Stop and frisk
Recklessness
Proximate cause
Affirmative defense
18. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
M'Naghten test
Subpoena
Procedural facts
Probable cause
19. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Damages
No-knock warrant
Paralegal
Answer
20. 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.
Case citation
Stop and frisk
Personal property
Codification
21. A right to use property owned by another for a limited purpose.
Pattern jury instructions
Battered woman's or spouse's syndrome
Easement
Tort law
22. The questioning of an opposing witness.
Remedial statute
Internet
Cross-claim
Cross-examination
23. 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
Judicial activism
Diversity jurisdiction
Remedial statute
Actus rea
24. Governmental publication of court opinions.
Reasonable suspicion
Appellee or respondent
Official reporter
Concurring opinion
25. Proof that the evidence is what it is said to be.
Exhaustion of administrative remedies
Concurring opinion
Authentication
Canons of construction
26. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Constructive eviction
Actual cause
Overrule
U.S. district courts
27. A court order requiring a person to appear to testify at a trial or deposition.
General jurisdiction
Request for admissions
Minor premise
Subpoena
28. A compilation of federal administrative regulations arranged by agency.
Subpoena duces tecum
Legal writing
Code of Federal Regulations (C.F.R.)
Appellate or petitioner
29. The process of properly identifying and authenticating evidence so that it can be introduced.
Overbreadth
Lay a foundation
Lexis
Reverse
30. Cases that involve different facts and/or rules of law.
M'Naghten test
Persuasive authority
Distinguishable cases
Plea bargaining
31. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Leading questions
Void for vagueness
Tenancy by the entirety
Notice
32. Violation of a statute as proof of negligence
Criminal law
Negligence per se
Assumption
Probable cause
33. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Concurring opinion
Service
Official reporter
Narrow Holding
34. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Challenge for cause
Assault
Products liability
Damages
35. Standard used by appellate courts when reviewing a trial court's findings of fact.
Double jeopardy
Clearly erroneous
Successive conflict of interest
Real Property
36. A set of standardized jury instructions.
Pattern jury instructions
Regulation
Plea bargaining
Retreat exception
37. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Ejusdem generis
Full-text searches
12(b)(6) motion
Court of record
38. 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
Punitive damages
Concurrent conflict of interest
Codification of the common law
39. The power of a court to force a person to appear before it.
Personal jurisdiction
Constructive
Questions of fact
Persuasive authority
40. In a complaint - one cause of action.
Pocket part
Count
Questions of law
Mistrial
41. The failure to act reasonably under the circumstances.
Common law
Citing case
Constitutional law
Negligence
42. When the defendant does not have sufficient money or other assets to pay the judgment.
Road Map paragraph
Statutory element
Bailment
Judgment proof
43. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Voir dire
Res ipsa loquitur
Loislaw
44. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Standing
Separation of powers
Bill of Rights
Statute
45. Law dealing with ownership.
Bench trial
Property law
Remand
Registration
46. The failure of an attorney to act reasonably.
Codification
Reprimand or censure
Landmark decision
Legal malpractice
47. 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.
Damages
Open Questions
Implied warranty of habitability
Liberal construction
48. Land and objects permanently attached to land.
Stare decisis
Real property
Appellee or respondent
On all fours
49. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Motion in limine
Registration
Concurrent jurisdiction
Personal recognizance bond
50. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Remand
Tenancy in common
Full-text database