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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 constitutional protection against being tried twice for the same crime.
Mistrial
U.S. Supreme Court
Double jeopardy
Headnote
2. A request that the court order that certain information not be mentioned in the presence of the jury.
Writ of certiorari
Documentary evidence
Motion in limine
Appellee or respondent
3. An advance or down payment that is given to engage the services of an attorney.
Federalism
Retainer
Citing case
Syllabus
4. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Complaint
Battered woman's or spouse's syndrome
Judgment
5. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Doctrine of implied powers
Appellate courts
Comparative negligence
Verdict
6. 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.
Full-text searches
Hypertext links
Minor premise
Contributory negligence
7. 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.
Caption
Adverse possession
Hypertext links
Insanity defense
8. When an appellate court that normally sits in panels sits as a whole.
Voir dire
En banc
Professional Corporation (PC)
Substantial capacity test
9. Being informed of some act done or about to be done.
Constitutional law
Affirm
Notice
Loislaw
10. 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.
Structured database
Statute in derogation of the common law
Transition
Loislaw
11. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Majority opinion
Peremptory challenge
Suspension
12. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Successive conflict of interest
Narrow Holding
Cross-claim
13. When more than one court has jurisdiction to hear a case.
Lay witness
Exculpatory clause
En banc
Concurrent jurisdiction
14. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
Disposition
Successive conflict of interest
Negligence
15. The revocation of an attorney's license.
Remand
Preemption
Discovery
Disbarment
16. An opinion that agrees with the majority's result but disagrees with its reasoning.
Limited jurisdiction
Majority opinion
Concurring opinion
Codification of the common law
17. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Conflict of interest
Count
Common law
Deponent
18. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Eminent Domain
Model Rules of Professional Conduct
Concurring opinion
Product misuse
19. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Lay a foundation
Recidivist
American Bar Association (ABA) www.abanet.org
20. All property that is not real property.
Personal property
Legislative intent
Affirm
Separation of powers
21. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Legal fiction
Grand jury
Federalism
Actus rea
22. Money is awarded to a plaintiff in payment for his or her actual losses.
Personal property
Actus rea
Compensatory damages
Procedural facts
23. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Majority opinion
U.S. district courts
Mediation
Dictum
24. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Pattern jury instructions
Transition
Jurisdiction
Writ of execution
25. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Relevancy
Proving a case within a case
Secondary authority
Rules of criminal procedure
26. 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.
Motion for a new trial
Disbarment
Alternative dispute resolution (ADR)
Federalism
27. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Reversible error
Tenancy by the entirety
Search engine
28. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Retreat exception
Bailment
Harmless error
29. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Headnote
Active Listening
Retainer
Enabling act
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.
Double jeopardy
Secondary authority
Code of Federal Regulations (C.F.R.)
Minimum contacts
31. 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.
Prima facie case
Negligence
Partnership
Cross-examination
32. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Specific performance
Arraignment
Professional judgment
33. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Appellee or respondent
Writ of habeas corpus
Plea bargaining
Damages
34. Courts that determine the facts and apply the law to the facts.
Necessity
Trial courts
Exigent circumstances
Canons of construction
35. 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.
Major premise
Eminent Domain
Remand
Shepardizing
36. A summary of one legal point in a court opinion; written by the editors at West.
Primary authority
Pleadings
Headnote
Clear and convincing
37. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Evidence
Notice
Preemption
Federalism
38. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Affirmative defense
Model Rules of Professional Conduct
Miranda warnings
39. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Model Rules of Professional Conduct
Documentary evidence
Standing
40. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Punitive damages
Verdict
Battery
Valid
41. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Reprimand or censure
Count
Legal clinic
Booking
42. 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.
Disbarment
Subsequent case history
Trial courts
Direct evidence
43. 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.
Caption
Strict construction
Joint tenancy
Paralegal
44. Federal and state rules that regulate how criminal proceedings are conducted.
Equity
Popular name table
Rules of criminal procedure
Issue
45. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Doctrine of implied powers
Third-party claim
Trial courts
Interrogatories
46. A request that the court release the defendant because of the illegality of the incarceration.
Suspension
Writ of habeas corpus
U.S. Court of Appeals
No-knock warrant
47. Law dealing with ownership.
Real or physical evidence
Arraignment
Citation
Property law
48. The process of finding the law.
Writ of habeas corpus
Complaint
Legal Research
Contributory negligence
49. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Ethical wall or screen or cone of silence
Legal services offices
Statutory element
Criminal law
50. Bad intent.
Mens rea
Code
Codification
Prima facie case