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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. Law dealing with ownership.
Constitutional law
Property law
Compulsory joinder
Recklessness
2. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Invasion of Privacy
Punitive damages
Substantial capacity test
3. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Double jeopardy
Strict liability
Court of record
Confidentiality
4. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Legal writing
On all fours
Issue
5. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Appellate brief
Administrative law
Concurring opinion
Void for vagueness
6. 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.
Suspension
Personal recognizance bond
Booking
Motion to require a finding of not guilty
7. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Direct evidence
Hearsay
Execute
8. Monetary compensation - including compensatory - punitive - and nominal damages.
American Bar Association (ABA) www.abanet.org
Service
Potential conflict
Damages
9. 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.
Citing case
Respondeat superior
Legislative history
Statute of limitations
10. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Motion to suppress
Black-letter law
Service
Civil law
11. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Interrogatories
Substantive law
Caption
12. The transfer of a case from one state court to a federal court.
Joint tenancy
Voir dire
Removal
Concurring opinion
13. A reason for invalidating a statute where it covers both protected and criminal activity.
Court of record
Overbreadth
Proving a case within a case
Contract
14. 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.
Subsequent case history
Closed Questions
Restatement of the Law of Torts - Second
U.S. Supreme Court
15. A worldwide network of computer networks.
Partnership
Holding
Internet
Hypertext links
16. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Harmless error
Rules of evidence
Motion
Relevancy
17. A request that the court order that certain information not be mentioned in the presence of the jury.
Legal malpractice
Transition
Appellate courts
Motion in limine
18. A statute establishing and setting out the powers of an administrative agency.
Fact
Enabling act
Prima facie case
Substantial capacity test
19. Questions relating to what happened: who - what - when - where - and how.
Remedial statute
Judicial activism
Questions of fact
Directed verdict
20. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Subject matter jurisdiction
Reversible error
Doctrine of implied powers
Lay advocate
21. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Cause of action
Nolo contendere
Analogous cases
Agent
22. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Authentication
Professional judgment
Popular name table
Codification of the common law
23. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Joint tenancy
Assumption of the risk
Legislative intent
24. When more than one court has jurisdiction to hear a case.
Conflict of interest
Concurrent jurisdiction
Interrogatories
Appellate courts
25. A court's power to hear only specialized cases.
Specific performance
Annotated statutes
Limited jurisdiction
Legal clinic
26. A court's power to hear any type of case arising within its geographical area.
Dissenting opinion
General jurisdiction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Summons
27. The pretrial oral questioning of a witness under oath.
Judgment proof
U.S. district courts
Appellate brief
Deposition
28. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Registration
Citing case
Documentary evidence
29. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Analogous cases
Loislaw
Procedural facts
Leading questions
30. A witness who possesses skill and knowledge beyond that of the average person.
Arrest
Contributory negligence
Expert witness
Reverse
31. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
U.S. Supreme Court
Legal fiction
No-knock warrant
Default judgment
32. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
Reasonable suspicion
Entrapment
Bail
33. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Motion in limine
Minimum contacts
Compulsory joinder
Intellectual Property
34. A court's prior permission for the police to search and seize.
Derogation of the common law
Legislative intent
Warrant
Regulation
35. The law itself - such as statutes and court opinions.
Statutes of limitations
Exclusionary rule
Primary authority
Agent
36. Rules of conduct promulgated and enforced by the government.
Product misuse
Laws
Arbitration
Proximate cause
37. The pleading that begins a lawsuit.
Original jurisdiction
On point
Notice
Complaint
38. Used to describe legislation that changes the common law.
Nominal damages
Derogation of the common law
Plaintiff
Pinpoint cite
39. 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.
Substantive law
Grand jury
Contingency fee
Implied warranty of habitability
40. A grand jury's written accusation that a given individual has committed a crime.
U.S. district courts
Indictment
Summary jury trials
Rules of criminal procedure
41. 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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42. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Vicarious representation
Ethical wall or screen or cone of silence
Popular name table
Judgment
43. 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
Diversity jurisdiction
Disbarment
Assault
Judgment notwithstanding the verdict (judgment N.O.V.)
44. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Judgment notwithstanding the verdict (judgment N.O.V.)
Intentional tort
Bail
45. A court order requiring a person to appear to testify at a trial or deposition.
U.S. Court of Appeals
Procedural facts
Subpoena
Bailment
46. Consists of records - contracts - leases - wills - and other written instruments.
Motion to require a finding of not guilty
Documentary evidence
Clear and convincing
Double jeopardy
47. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Westlaw
U.S. Supreme Court
Substantive facts
Contingency fee
48. A provision that purports to waive liability.
Exculpatory clause
Canons of construction
Entrapment
Mens rea
49. 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.
Ethical wall or screen or cone of silence
Implied warranty of habitability
Battery
Open Questions
50. Someone who has the power to act in the place of another.
Motion
Open Questions
Slip laws
Agent