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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 defense requiring proof that the defendant would not have committed the crime but for police trickery.
Subpoena
Motion to require a finding of not guilty
Appellate courts
Entrapment
2. The result reached in a particular case.
Counterclaim
Disposition
Joint tenancy
Corroborative evidence
3. 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
Confidentiality
Plaintiff
12(b)(6) motion
Diversity jurisdiction
4. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Headnote
Retreat exception
Bailment
5. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Res ipsa loquitur
Probable cause
Canons of construction
Verdict
6. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Reverse
Subsequent case history
Motion to require a finding of not guilty
Reverse
7. 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.
Best evidence rule
Minimum contacts
En banc
Double jeopardy
8. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Transition
Concluding paragraph
Road Map paragraph
9. The pleading that begins a lawsuit.
Complaint
Deposition
Lay witness
Arraignment
10. A constitutional protection against being tried twice for the same crime.
International Paralegal Management Association (IPMA) www.paralegal management.org
Circumstantial evidence
National Association of Legal Assistants (NALA) www.nala.org
Double jeopardy
11. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Concurring opinion
Strict construction
Professional Corporation (PC)
Civil law
12. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Motion in limine
Concluding paragraph
Real or physical evidence
Tenancy in common
13. The party in a case who has initiated an appeal.
Judicial activism
Removal
Legal Reasoning
Appellate or petitioner
14. A request that the court order that certain information not be mentioned in the presence of the jury.
Harmless error
Consideration
Motion in limine
Negligence
15. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Certificated
Citation
Reasonable suspicion
Lay advocate
16. A court opinion that establishes new law in an important area.
Injunction
Real or physical evidence
Landmark decision
Vicarious representation
17. A summary of one legal point in a court opinion; written by the editors at West.
Strict liability
Agent
Certificated
Headnote
18. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Personal property
Concurrent jurisdiction
Writ of certiorari
19. 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
Federalism
Stare decisis
Insanity defense
Arraignment
20. 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.
Case citation
Appellate brief
Writ of execution
Relevancy
21. An approach whereby the courts give a statute a narrow interpretation.
Procedural facts
Annotated statutes
Strict construction
Beyond a reasonable doubt
22. A court's power to hear any type of case arising within its geographical area.
Discovery
Issue of first impression
General jurisdiction
Trial courts
23. Law that deals with harm to society as a whole.
Criminal law
Original jurisdiction
Enabling act
Statute in derogation of the common law
24. A person who initiates an appeal.
Contributory negligence
Insanity defense
Appellant or petitioner
Issue
25. 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.
Affirmative defense
Pretrial motion
Subpoena duces tecum
Specific performance
26. A bank account used to hold money belonging to the client or to a third party.
Direct examination
Authentication
Client trust account
Administrative law
27. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Assumption of the risk
Verification
Persuasive authority
Arraignment
28. A request made to the court.
Default judgment
Motion
Lay advocate
Digest
29. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Equity
Lay witness
Appellee or respondent
Exhaustion of administrative remedies
30. A defense whereby the defendant offers new evidence to avoid judgment.
Assumption of the risk
Affirmative defense
Contract
Voir dire
31. 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.
Assumption of the risk
Substantial capacity test
General jurisdiction
Transition
32. The failure to act reasonably under the circumstances.
Peremptory challenge
Implied warranty of habitability
Testimonial evidence
Negligence
33. The power of a court to force a person to appear before it.
Reverse
Personal jurisdiction
Reverse
Affirmative defense
34. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Irresistible impulse test
Fact
Battered woman's or spouse's syndrome
Internet
35. The new legal principle established by a court opinion.
Reversible error
Distinguishable cases
Mediation
Holding
36. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Rules of evidence
Registration
Voir dire
Citation
37. Disregarding a substantial and unjustifiable risk that harm will result.
Mediation
Federalism
Recklessness
Subpoena duces tecum
38. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Minor premise
Judicial restraint
Comparative negligence
Popular name table
39. Land and objects permanently attached to land.
Prima facie case
Personal property
Real property
Contributory negligence
40. Something of value exchanged to form the basis of a contract.
Model Rules of Professional Conduct
Consideration
Intentional tort
Mens rea
41. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Official reporter
Writ of certiorari
Billable hours
42. A national voluntary organization of lawyers.
Narrow Holding
American Bar Association (ABA) www.abanet.org
Legislative intent
Concluding paragraph
43. A term used to describe a case that is similar to another case.
Citing case
On point
Arraignment
Documentary evidence
44. When an appellate court that normally sits in panels sits as a whole.
Warrant
Jurisdiction
Quiet enjoyment
En banc
45. A constitutional protection against being tried twice for the same crime.
Legislative intent
Appellee or respondent
Warrant
Double jeopardy
46. Information about the law - such as that contained in encyclopedias and law review articles.
Booking
Real property
Secondary authority
Equity
47. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Entrapment
Harmless error
Restatement of the Law of Torts - Second
Legal malpractice
48. To perform.
Pretrial conference
Grand jury
Execute
Certificated
49. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Count
Bail
Lexis
50. Law that deals with harm to a person or a person's property.
Class action suit
Guardian
Affirmative defense
Tort law