SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 defendant's plea meaning that the defendant neither admits nor denies the charges.
Exclusive jurisdiction
Legal Research
Nolo contendere
Affirmative defense
2. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Consideration
Strict liability
Appellant or petitioner
3. To perform.
Federalism
Request for admissions
Remedial statute
Execute
4. A witness who has not been shown to have any special expertise.
Subpoena duces tecum
Compensatory damages
Direct examination
Lay witness
5. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Rule 56 motion (summary judgment motion)
Lexis
Court of record
6. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
U.S. Supreme Court
Personal property
Popular name table
Assumption of the risk
7. A public or private statement that an attorney's conduct violated the code of ethics.
Search engine
Void for vagueness
Peremptory challenge
Reprimand or censure
8. Questions relating to the interpretation or application of the law.
Remand
Common law
Consideration
Questions of law
9. An approach whereby the courts give a statute a narrow interpretation.
Exhaustion of administrative remedies
Strict construction
Disbarment
Legal Research
10. The person who is being asked questions at a deposition.
Distinguishable cases
Black-letter law
Alternative dispute resolution (ADR)
Deponent
11. A request that the court order that certain information not be mentioned in the presence of the jury.
Holding
Adverse possession
Motion in limine
Statutory element
12. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Separation of powers
Road Map paragraph
Legal technician
Reverse
13. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Legal writing
Dissenting opinion
Active Listening
Hypertext links
14. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Hourly rate
Rule
Booking
15. When the defendant does not have sufficient money or other assets to pay the judgment.
Equity
Principle
Internet
Judgment proof
16. 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
Retainer agreement
Double jeopardy
per curium
Stare decisis
17. A court order requiring a person to appear to testify at a trial or deposition.
Judgment
Peremptory challenge
Subpoena
Civil law
18. A defendant's personal promise to appear in court.
Materiality
Answer
Personal property
Personal recognizance bond
19. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
12(b)(6) motion
Pretrial conference
Cross-claim
Billable hours
20. Used to describe legislation that changes the common law.
Derogation of the common law
Overbreadth
Jurisdiction
Arbitration
21. An issue that the court has never faced before.
Writ of execution
Charging the jury
Trial courts
Issue of first impression
22. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Summons
Circumstantial evidence
Beyond a reasonable doubt
23. The questioning of your own witness.
Direct examination
Notice
Common law
Westlaw
24. A witness who possesses skill and knowledge beyond that of the average person.
Real property
Certificated
Power of judicial review
Expert witness
25. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Legal malpractice
Summary jury trials
Jurisdiction
26. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Mistrial
Laws
Alternative dispute resolution (ADR)
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.
Restrictive covenant
Major premise
Implied warranty of habitability
Overrule
28. An opinion in which a majority of the court joins.
Majority opinion
Indictment
Leading questions
Case reporters
29. A court's prior permission for the police to search and seize.
Plaintiff
Internet
Specific performance
Warrant
30. An approach whereby the courts give a statute a broad interpretation.
Duress
Client trust account
Liberal construction
Statute
31. General principles that guide the courts in their interpretation of statutes.
Attorney-client privilege
Materiality
Canons of construction
Exhaustion of administrative remedies
32. 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.
Arraignment
Legal technician
Remand
Reasonable suspicion
33. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Direct evidence
Pleading in the alternative
Deposition
Writ of certiorari
34. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
U.S. Supreme Court
Cumulative evidence
Billable hours
Proximate cause
35. The rule requiring that the original document be produced at trial.
Authentication
Evidence
Best evidence rule
Real Property
36. A person who initiates an appeal.
Successive conflict of interest
Statutory element
Fruit of the poisonous tree doctrine
Appellant or petitioner
37. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Narrow Holding
Case citation
Entrapment
Double jeopardy
38. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Specific performance
Request for admissions
Structured database
39. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Pleading in the alternative
Product misuse
Ethical wall or screen or cone of silence
Comparative negligence
40. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Federal question jurisdiction
Pleading in the alternative
Quiet enjoyment
Strict liability
41. Including more than one count in a complaint; the counts do not need to be consistent.
Constructive eviction
Hearsay
Westlaw
Pleading in the alternative
42. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Concurrent conflict of interest
Codification
Duress
43. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Rule
Default judgment
Harmless error
Retreat exception
44. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Necessity
Potential conflict
Property
Mediation
45. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Legal writing
Original jurisdiction
Dismissal with prejudice
Appellate or petitioner
46. 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.
Practice of law
Hourly rate
Plain meaning
Constitutional law
47. 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
Confidentiality
Active Listening
Equity
Quiet enjoyment
48. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Headnote
Leading question
Exclusionary rule
49. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Valid
Suspension
Contingency Fee
50. Without the need for a warrant - the police may seize objects that are openly visible.
Appellant or petitioner
Plain view doctrine
Notice pleading
Transition