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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. The questioning of an opposing witness.
Judicial review
Treatment
Dissenting opinion
Cross-examination
2. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Confidentiality
Standing
Actus rea
3. A business run by two or more persons as co-owners.
Partnership
Nolo contendere
Actus rea
Attorney-client privilege
4. A person who initiates an appeal.
Remedial statute
Broad holding
Appellant or petitioner
Actual cause
5. The publication of false statements that harm a person's reputation.
Legislative intent
Retainer
Defamation
Appellate courts
6. 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
Regulation
Lay advocate
Subpoena
Rule 56 motion (summary judgment motion)
7. The process of finding the law.
Search engine
Legal Research
Remand
American Association for Paralegal Education (AAfPE) www.aafpe.org
8. The judge informs the jurors of the law they need to know to make their decision.
International Paralegal Management Association (IPMA) www.paralegal management.org
Charging the jury
Professional judgment
Concluding paragraph
9. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Laws
Subsequent case history
Alternative dispute resolution (ADR)
Restrictive covenant
10. Specific questions that usually demand very short or yes-no answers.
Damages
Prima facie case
Closed Questions
Necessity
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.
Lay witness
Professional Corporation (PC)
Notice
Concurrent jurisdiction
12. An opinion in which a majority of the court joins.
Clearly erroneous
Majority opinion
Res ipsa loquitur
Pattern jury instructions
13. 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.
Proximate cause
Best evidence rule
Exigent circumstances
Products liability
14. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Cumulative evidence
Rule 56 motion (summary judgment motion)
Digest
15. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Vicarious representation
Appellate courts
Authentication
16. All property that is not real property.
Case citation
Personal property
Retainer agreement
Conflict of interest
17. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Fruit of the poisonous tree doctrine
Legislative history
Products liability
18. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Digest
Cross-examination
Products liability
Judicial review
19. In a case brief - the rule of law applied to the case's specific facts.
Res ipsa loquitur
Reverse
Negligence per se
Issue
20. The power of a court to hear a case.
Clearly erroneous
Appellant or petitioner
Jurisdiction
Motion in limine
21. The party in a case who has initiated an appeal.
Broad holding
Pocket part
Contributory negligence
Appellate or petitioner
22. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Leading question
Remand
Judicial activism
23. To perform.
Double jeopardy
Substantial capacity test
Disposition
Execute
24. 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.
Products liability
Case citation
Constitutional law
Hourly rate
25. A set of standardized jury instructions.
Pattern jury instructions
Secondary authority
Remand
Interrogatories
26. The power of a court to hear a particular type of case.
Restatement of the Law of Torts - Second
Subject matter jurisdiction
Negligence
Black-letter law
27. 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.
Judgment
Constitutional law
Injunction
Unauthorized practice of law
28. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Slip laws
Statutes of limitations
Documentary evidence
Major premise
29. 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.
Bail
Prior case history
Open Questions
Hypertext links
30. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Arraignment
Comparative negligence
Motion to require a finding of not guilty
Plain view doctrine
31. A requirement that a party fulfill his or her contractual obligations.
Specific performance
Compulsory joinder
Default judgment
Count
32. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Preponderance of the evidence
Assault
Appellate brief
33. The opinion of a jury on a question of fact.
Reverse
Verdict
Minimum contacts
Void for vagueness
34. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Doctrine of implied powers
Code
Compensatory damages
Preemption
35. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Intellectual Property
Reverse
Product misuse
36. 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.
Exculpatory clause
Duress
Substantial capacity test
Statutory element
37. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Constructive
Cross-claim
Personal recognizance bond
38. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Code of Federal Regulations (C.F.R.)
Harmless error
Doctrine of implied powers
Execute
39. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Tenancy by the entirety
Contributory negligence
Materiality
Federalism
40. A national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Legal Reasoning
General jurisdiction
Principle
41. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
U.S. district courts
Annotated statutes
Court of record
Disposition
42. A provision that purports to waive liability.
Mistrial
Judicial notice
U.S. district courts
Exculpatory clause
43. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Property law
Agent
Removal
44. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Equity
Inculpatory evidence
Probable cause
45. The reference to a particular page within an opinion.
Plain view doctrine
Stop and frisk
Pinpoint cite
Judgment notwithstanding the verdict (judgment N.O.V.)
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.
Statute of limitations
Remand
Full-text searches
Legal clinic
47. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
En banc
Writ of certiorari
Evidence
Products liability
48. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Canons of construction
Limited liability partnership (LLP)
Actual cause
Answer
49. Bad act.
Rule 56 motion (summary judgment motion)
Black-letter law
Mandatory authority
Actus rea
50. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Minor premise
Nolo contendere
Battery
Judgment proof