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Test your basic knowledge |
Paralegal 101
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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 pretrial oral questioning of a witness under oath.
Cross-claim
Strict liability
Deposition
Discovery
2. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Compulsory joinder
Contributory negligence
Judicial review
Necessity
3. The first ten amendments to the U.S. Constitution.
Bill of Rights
Valid
Recidivist
Broad holding
4. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Deposition
Entrapment
Certificated
National Federation of Paralegal Associations (NFPA) www.paralegals.org
5. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Indictment
Legal technician
Legal malpractice
Nolo contendere
6. A pamphlet inserted into the back of a book containing information new since the volume was published.
Motion for a new trial
Primary authority
Exclusionary rule
Pocket part
7. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Criminal law
Directed verdict
Distinguishable cases
8. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Res ipsa loquitur
Affirm
Recidivist
Exculpatory evidence
9. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Statutory element
Substantial capacity test
Materiality
Damages
10. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Joint tenancy
Defendant
Leading question
Service
11. A national association of paralegal associations.
Partnership
Property law
Personal jurisdiction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
12. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Conflict of interest
Case reporters
Deposition
Subpoena duces tecum
13. The justified use of force to protect oneself or others.
Self-defense
American Bar Association (ABA) www.abanet.org
Charging the jury
Transition
14. A business run by two or more persons as co-owners.
Federalism
Partnership
Property
Intentional tort
15. A defendant's plea meaning that the defendant neither admits nor denies the charges.
per curium
Popular name table
Nolo contendere
Judicial review
16. In a case brief - facts that deal with what happened to the parties before the litigation began.
Pattern jury instructions
Necessity
Substantive facts
Lay advocate
17. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Exculpatory clause
Grand jury
General jurisdiction
Codification
18. The papers that begin a lawsuit-generally - the complaint and the answer.
Documentary evidence
Constructive eviction
Pleadings
Corroborative evidence
19. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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20. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Mistrial
Appellee or respondent
Prima facie case
21. A person who permits or directs another person to act on the principal's behalf.
Tort law
Full-text database
Principle
Registration
22. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Judicial notice
Remedial statute
Legal fiction
23. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Criminal law
Doctrine of implied powers
On point
Court of record
24. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Criminal law
Intentional tort
Fact
25. A suspicion based on specific facts; less than probable cause.
Self-defense
Reasonable suspicion
Cross-examination
Pinpoint cite
26. An agreement supported by consideration.
Evidence
Compensatory damages
Contract
Dissenting opinion
27. 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
Full-text database
Judicial notice
Materiality
28. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Tenancy by the entirety
Constructive eviction
Preponderance of the evidence
Subsequent case history
29. Books that contain appellate court decisions. There are both official and unofficial reporters.
per curium
Challenge for cause
Statutes of limitations
Case reporters
30. An actual incident or condition; not a legal consequence.
Federalism
Professional judgment
Fact
Code
31. A defendant's personal promise to appear in court.
Tickler System
Nolo contendere
Personal recognizance bond
Appellate brief
32. A court order requiring a party to perform a specific act or to cease doing a specific act.
Direct evidence
Bailment
Laws
Injunction
33. Liability without a showing of fault.
Count
Motion to require a finding of not guilty
Questions of fact
Strict liability
34. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Appellee or respondent
Federalism
Lay witness
35. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Indictment
Strict liability
Disbarment
36. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Lay witness
Unofficial reporter
Minimum contacts
Battery
37. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Bail
Leading question
Rule 56 motion (summary judgment motion)
38. The rule that in order to claim self-defense there must have been no possibility of retreat.
Statutes at large or session laws
Challenge for cause
Retreat exception
Subpoena
39. When the defendant does not have sufficient money or other assets to pay the judgment.
Subsequent case history
Documentary evidence
Pretrial motion
Judgment proof
40. A court's prior permission for the police to search and seize.
Respondeat superior
Common law
Code of Federal Regulations (C.F.R.)
Warrant
41. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Liberal construction
Notice pleading
Tort law
Minor premise
42. 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.
Nominal damages
Verdict
Remand
Federalism
43. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Dissenting opinion
Relevancy
Direct evidence
Mistrial
44. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Overrule
Exclusionary rule
Hypertext links
Legal clinic
45. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Case citation
False imprisonment
Negligence
Potential conflict
46. 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
Westlaw
Reverse
Judgment proof
47. In a case brief - the rule of law applied to the case's specific facts.
Full-text searches
Major premise
Issue
Cross-examination
48. When an appellate court sends a case back to the trial court for a new trial or other action.
Syllabus
Remand
Notice
Certificated
49. A worldwide network of computer networks.
Slip laws
Internet
Concurrent jurisdiction
Issue
50. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Legal Reasoning
Case reporters
Eminent Domain
Rule 56 motion (summary judgment motion)
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