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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. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Personal jurisdiction
Compulsory joinder
Defendant
Strict construction
2. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Contingency fee
Negligence
Laws
Judicial notice
3. A method for excusing a prospective juror; no reason need be given.
Potential conflict
Full-text searches
Double jeopardy
Peremptory challenge
4. 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.
Grand jury
Caption
Hypertext links
Restatement of the Law of Torts - Second
5. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Count
Verification
Guardian
Evidence
6. The new legal principle established by a court opinion.
Holding
Void for vagueness
Fact
Assumption of the risk
7. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Substantive law
Answer
Successive conflict of interest
Agent
8. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Billable hours
Product misuse
Actus rea
Professional Corporation (PC)
9. When an appellate court overturns or negates the decision of a lower court.
Codification
Reverse
Preemption
Void for vagueness
10. The educated ability to apply law to specific facts.
Professional judgment
Road Map paragraph
Potential conflict
Guardian
11. A statement in a judicial opinion not necessary for the decision of the case.
Dictum
Default judgment
Bailment
Summons
12. An approach whereby the courts give a statute a broad interpretation.
Reverse
Insanity defense
Hourly rate
Liberal construction
13. Cases that involve similar facts and rules of law.
Beyond a reasonable doubt
Grand jury
Stop and frisk
Analogous cases
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.
Federalism
Double jeopardy
Deposition
Pretrial motion
15. All property that is not real property.
Duress
Pretrial motion
Personal property
Cross-claim
16. 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.
Consideration
Retainer agreement
Res ipsa loquitur
Prior case history
17. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bailment
Nolo contendere
Judicial restraint
Inculpatory evidence
18. Also known as real estate; land and items growing on or permanently attached to that land.
Assault
Real Property
Secondary authority
Stare decisis
19. Written questions sent by one side to the opposing side - answered under oath.
Concurring opinion
Stare decisis
Interrogatories
Joint tenancy
20. A defendant's personal promise to appear in court.
Certificated
Alternative dispute resolution (ADR)
Statute in derogation of the common law
Personal recognizance bond
21. A pamphlet inserted into the back of a book containing information new since the volume was published.
Ejusdem generis
Recidivist
Code of Federal Regulations (C.F.R.)
Pocket part
22. A book that contains court opinion headnotes arranged by subject matter.
Digest
Rules of evidence
Recidivist
Statute
23. Court decisions from a higher court in the same jurisdiction.
Distinguishable cases
Mandatory authority
Charging the jury
International Paralegal Management Association (IPMA) www.paralegal management.org
24. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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25. The rule that in order to claim self-defense there must have been no possibility of retreat.
Annotated statutes
Retreat exception
Restrictive covenant
Appellee or respondent
26. When only one court has the power to hear a case.
Clearly erroneous
Exclusive jurisdiction
American Bar Association (ABA) www.abanet.org
Majority opinion
27. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Cause of action
Exclusive jurisdiction
Judgment
Legal writing
28. Rules and regulations created by administrative agencies.
Adverse possession
Pleading in the alternative
Administrative law
Lexis
29. 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
Stare decisis
Diversity jurisdiction
Contingency Fee
Dismissal with prejudice
30. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Motion
Conflict of interest
Principle
Professional Corporation (PC)
31. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Damages
Standing
Landmark decision
Stare decisis
32. Evidence that is derived from an illegal search or interrogation is inadmissible.
Notice pleading
Exclusionary rule
Real or physical evidence
Fruit of the poisonous tree doctrine
33. The pretrial oral questioning of a witness under oath.
Shepardizing
Standing
Deposition
Negligence
34. A public or private statement that an attorney's conduct violated the code of ethics.
Charging the jury
Major premise
Billable hours
Reprimand or censure
35. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Entrapment
Valid
Defendant
Full-text searches
36. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Rules of criminal procedure
Void for vagueness
Motion for a new trial
Disbarment
37. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Disbarment
Materiality
Appellant or petitioner
38. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Overbreadth
Injunction
Professional Corporation (PC)
39. 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.
Legislative intent
Case citation
Request for admissions
Exclusionary rule
40. The pleading that begins a lawsuit.
Complaint
Statutes at large or session laws
Derogation of the common law
Constitutional law
41. 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.
Diversity jurisdiction
Lay a foundation
Retreat exception
Implied warranty of habitability
42. 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.
Caption
per curium
Constitutional law
Compulsory joinder
43. The power of a court to force a person to appear before it.
Personal jurisdiction
Cumulative evidence
Official reporter
Limited jurisdiction
44. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Property
Bailment
Distinguishable cases
Arbitration
45. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Mistrial
Property law
Conflict of interest
46. Rules of conduct promulgated and enforced by the government.
Personal property
Laws
Legal fiction
Liberal construction
47. When more than one court has jurisdiction to hear a case.
Caption
Concurrent jurisdiction
Reversible error
Case reporters
48. 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.
Duress
Structured database
Adverse possession
Doctrine of implied powers
49. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Successive conflict of interest
Motion in limine
Specific performance
Mistrial
50. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
U.S. Court of Appeals
Intellectual Property
Judgment notwithstanding the verdict (judgment N.O.V.)