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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 tenant's right to be free from interference from the landlord with respect to how the property is used.
Adverse possession
Quiet enjoyment
Statutes of limitations
Jurisdiction
2. A compilation of federal administrative regulations arranged by agency.
Interrogatories
Code of Federal Regulations (C.F.R.)
Negligence per se
General jurisdiction
3. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Direct examination
Retreat exception
Nolo contendere
Remand
4. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Majority opinion
American Bar Association (ABA) www.abanet.org
Circumstantial evidence
5. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Hypertext links
Appellate courts
Pleadings
6. A court order requiring a person to appear to testify at a trial or deposition.
Discovery
Miranda warnings
Subpoena
Popular name table
7. To perform.
Execute
Dictum
Charging the jury
Respondeat superior
8. Court decisions from a higher court in the same jurisdiction.
Suspension
No-knock warrant
Full-text searches
Mandatory authority
9. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Constructive
Remedial statute
Grand jury
Dissenting opinion
10. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Joint tenancy
Procedural facts
Cumulative evidence
11. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Successive conflict of interest
Standing
Broad holding
Comparative negligence
12. When a higher court agrees with what lower court has done.
Full-text database
Affirm
Affirmative defense
Cross-claim
13. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Recidivist
Common law
Intellectual Property
Concurrent jurisdiction
14. 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.
Civil law
Caption
Notice pleading
American Bar Association (ABA) www.abanet.org
15. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Adverse possession
Diversity jurisdiction
Discovery
16. When an appellate court sends a case back to the trial court for a new trial or other action.
Alternative dispute resolution (ADR)
Irresistible impulse test
Remand
Writ of habeas corpus
17. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Legal fiction
National Association of Legal Assistants (NALA) www.nala.org
Direct evidence
18. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Interrogatories
Shepardizing
Motion to require a finding of not guilty
False imprisonment
19. Broad questions that put few limits on the freedom of the respondent.
Injunction
Open Questions
Subpoena duces tecum
U.S. Supreme Court
20. Establishes a direct link to the event that must be proven.
Statute of limitations
Separation of powers
Appellate courts
Direct evidence
21. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Evidence
Affirm
Remand
Defendant
22. 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.
Prior case history
Dissenting opinion
Overrule
Relevancy
23. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Preponderance of the evidence
Assault
Concurring opinion
24. 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.
Statutes of limitations
Mistrial
Cumulative evidence
Remand
25. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Subsequent case history
Consideration
Court of record
26. 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.
Exculpatory clause
Contributory negligence
Substantial capacity test
Assumption of the risk
27. The transfer of a case from one state court to a federal court.
Case citation
Competency
Removal
Court of record
28. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
American Bar Association (ABA) www.abanet.org
Quiet enjoyment
Certified
Discovery
29. Evidence that suggests the defendant's guilt.
Constructive
Major premise
Reverse
Inculpatory evidence
30. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Fact
Cross-examination
Mens rea
Search engine
31. Federal and state rules that regulate how criminal proceedings are conducted.
Harmless error
Appellate or petitioner
Affirmative defense
Rules of criminal procedure
32. Indirect evidence - used to prove facts by implication.
Circumstantial evidence
Easement
Writ of execution
Compensatory damages
33. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Statute
Practice of law
Road Map paragraph
Proving a case within a case
34. A law enacted by a state legislature or by Congress.
Statute
Lay a foundation
Double jeopardy
Citation
35. A court opinion that establishes new law in an important area.
Respondeat superior
Landmark decision
Mens rea
Reverse
36. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Ejusdem generis
Questions of law
Treatment
Real Property
37. The purpose of the legislature at the time it enacted the statute.
Official reporter
Analogous cases
per curium
Legislative intent
38. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Exculpatory evidence
Remand
Substantive law
39. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Transition
Voir dire
Original jurisdiction
Westlaw
40. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Broad holding
Issue of first impression
Legal Research
41. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Reprimand or censure
Bailment
Legal Research
National Association of Legal Assistants (NALA) www.nala.org
42. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Summary jury trials
Comparative negligence
Valid
Real or physical evidence
43. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Codification of the common law
Search engine
Answer
Legal Research
44. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Joint tenancy
Insanity defense
Power of judicial review
Landmark decision
45. Rules and regulations created by administrative agencies.
Real Property
Pretrial conference
Administrative law
Void for vagueness
46. A summary of one legal point in a court opinion; written by the editors at West.
Res ipsa loquitur
Headnote
Legal technician
Nominal damages
47. Liability without having to prove fault.
Derogation of the common law
Strict liability
Counterclaim
Concurring opinion
48. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Model Rules of Professional Conduct
Battery
Voir dire
49. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Billable hours
Warrant
Exclusive jurisdiction
Subsequent case history
50. The failure to act reasonably under the circumstances.
Limited jurisdiction
Negligence
Rule
Subject matter jurisdiction