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Test your basic knowledge |
Paralegal 101
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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. An opinion that agrees with the majority's result but disagrees with the reasoning.
Popular name table
Primary authority
Peremptory challenge
Concurring opinion
2. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Proximate cause
Contingency fee
Damages
Nolo contendere
3. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Mistrial
Lexis
Contract
4. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Digest
Loislaw
Stop and frisk
Motion to suppress
5. The power of a court to hear a case.
Charging the jury
Jurisdiction
Overrule
Loislaw
6. 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.
Rule
Prima facie case
Adverse possession
Overbreadth
7. Rules of conduct promulgated and enforced by the government.
Voir dire
Substantive facts
Ethical wall or screen or cone of silence
Laws
8. 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.
Judicial restraint
Summary jury trials
Loislaw
Personal property
9. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
M'Naghten test
Writ of certiorari
Code of Federal Regulations (C.F.R.)
Judicial notice
10. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Lay witness
12(b)(6) motion
Circumstantial evidence
Indictment
11. 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.
Lexis
Standing
Constructive eviction
Subject matter jurisdiction
12. Information about the law - such as that contained in encyclopedias and law review articles.
Appellate brief
Secondary authority
Proximate cause
Agent
13. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Appellant or petitioner
Mens rea
Exculpatory evidence
14. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Recidivist
Trial courts
Leading question
Major premise
15. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Confidentiality
Constructive
American Association for Paralegal Education (AAfPE) www.aafpe.org
Personal recognizance bond
16. A document that lists statements regarding specific items for the other party to admit or deny.
Affirm
Request for admissions
Personal property
Bailment
17. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Exculpatory clause
Third-party claim
Defendant
Leading question
18. The number of hours - or parts of an hour - that can be charged to a specific client.
Unofficial reporter
Irresistible impulse test
Stare decisis
Billable hours
19. 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.
Client trust account
Counterclaim
Damages
Statutes of limitations
20. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Unauthorized practice of law
Rule 56 motion (summary judgment motion)
Summons
Annotated statutes
21. An approach whereby the courts give a statute a narrow interpretation.
Client trust account
Compulsory joinder
Void for vagueness
Strict construction
22. Law that deals with harm to a person or a person's property.
Tort law
Peremptory challenge
Verification
Guardian
23. The party in a case against whom an appeal has been filed.
Appellee or respondent
Treatment
Hypertext links
Preemption
24. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Verification
Legal writing
Hearsay
25. Something of value exchanged to form the basis of a contract.
Fact
Consideration
Transition
Confidentiality
26. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Summary jury trials
Secondary authority
Harmless error
27. 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.
Substantive law
Statute of limitations
Judgment
Arrest
28. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Popular name table
Void for vagueness
Prior case history
On point
29. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Caption
Reversible error
Constitutional law
30. A request made to the court.
Full-text database
Motion
American Bar Association (ABA) www.abanet.org
Successive conflict of interest
31. Liability without having to prove fault.
Rule
Direct examination
Negligence
Strict liability
32. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Personal recognizance bond
Court of record
Federalism
Leading questions
33. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Criminal law
Valid
Evidence
34. Law that deals with harm to an individual.
Assumption of the risk
Proving a case within a case
Comparative negligence
Civil law
35. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Canons of construction
Citation
Persuasive authority
36. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Real Property
Citing case
Caption
Court of record
37. 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.
Persuasive authority
Verdict
Caption
Judgment
38. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Motion to require a finding of not guilty
Annotated statutes
Motion
39. A computerized database that contains key information about the content of documents - such as medical records.
Deductive reasoning
Overrule
Billable hours
Structured database
40. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Subsequent case history
Practice of law
Overrule
41. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Counterclaim
Hypertext links
Contributory negligence
Narrow Holding
42. Law that regulates how the legal system operates.
Substantive facts
Reverse
Procedural law
Verification
43. An advance or down payment that is given to engage the services of an attorney.
Adverse possession
Verdict
Personal jurisdiction
Retainer
44. 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.
Corroborative evidence
Contingency Fee
Plain meaning
Probable cause
45. Proof that the evidence is what it is said to be.
Duress
Battery
Authentication
Real Property
46. Occurs when the police restrain a person's freedom and charge the person with a crime.
Disbarment
Comparative negligence
Prima facie case
Arrest
47. An agreement supported by consideration.
Legislative intent
Property law
Contract
Strict liability
48. Evidence that suggests the defendant's innocence.
Eminent Domain
Power of judicial review
Concluding paragraph
Exculpatory evidence
49. The purpose of the legislature at the time it enacted the statute.
Inculpatory evidence
Legislative intent
Administrative law
Self-defense
50. A court order requiring a person to appear to testify at a trial or deposition.
Headnote
Best evidence rule
Irresistible impulse test
Subpoena
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