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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 professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Common law
Judicial review
Professional Corporation (PC)
Road Map paragraph
2. Consists of records - contracts - leases - wills - and other written instruments.
Persuasive authority
Questions of law
Exclusionary rule
Documentary evidence
3. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Constructive
Intentional tort
Rule 56 motion (summary judgment motion)
Entrapment
4. Not factually true - but accepted by the courts as being legally true.
Rules of evidence
Billable hours
Procedural law
Constructive
5. The party in a case who has initiated an appeal.
Proximate cause
Grand jury
Appellate or petitioner
Syllabus
6. In logic - a belief that justifies one in arguing a conclusion.
Restrictive covenant
Assumption
Negligence per se
Statutes of limitations
7. The justified use of force to protect oneself or others.
Disbarment
Self-defense
Complaint
Rules of criminal procedure
8. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
Affirm
Verdict
Charging the jury
9. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Issue
Legal technician
Best evidence rule
10. The questioning of your own witness.
Direct examination
Exclusive jurisdiction
Affirmative defense
Harmless error
11. A witness who possesses skill and knowledge beyond that of the average person.
Headnote
Procedural facts
Practice of law
Expert witness
12. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
Legislative intent
Federal question jurisdiction
Expert witness
13. 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.
Verification
Power of judicial review
Writ of certiorari
Affirm
14. A trial conducted without a jury.
Directed verdict
Specific performance
Charging the jury
Bench trial
15. 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.
Evidence
Federal question jurisdiction
Persuasive authority
Proximate cause
16. Liability without having to prove fault.
Client trust account
Federal question jurisdiction
Strict liability
Remedial statute
17. The division of governmental power among the legislative - executive - and judicial branches.
Joint tenancy
Bail
Separation of powers
Negligence
18. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Motion for a new trial
Jurisdiction
Peremptory challenge
19. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Rules of evidence
Cross-examination
Clearly erroneous
20. The power of government to take private property for public purposes.
On point
Pattern jury instructions
Eminent Domain
Count
21. The process of finding the law.
Subpoena duces tecum
Ejusdem generis
Tenancy by the entirety
Legal Research
22. The modern pretrial procedure by which one party gains information from the adverse party.
Arbitration
Discovery
Substantive facts
Holding
23. A court opinion that establishes new law in an important area.
Full-text database
Codification
Procedural facts
Landmark decision
24. A worldwide network of computer networks.
Internet
Rule
Motion to suppress
U.S. district courts
25. 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.
Appellate courts
Substantive facts
Legal technician
Probable cause
26. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Invasion of Privacy
Jurisdiction
Federalism
Contingency fee
27. 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.
Direct examination
Quiet enjoyment
Appellate brief
Codification
28. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Case citation
Jurisdiction
Headnote
Westlaw
29. Cases that involve different facts and/or rules of law.
Distinguishable cases
Valid
Pleading in the alternative
Motion
30. The general jurisdiction trial courts in the federal system.
U.S. district courts
Broad holding
Hearsay
Legislative intent
31. Court decisions from a higher court in the same jurisdiction.
Nolo contendere
Mandatory authority
Mens rea
Plain view doctrine
32. A judicial philosophy that supports an active role for the judiciary in changing the law.
Circumstantial evidence
Actus rea
Complaint
Judicial activism
33. 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.
Restatement of the Law of Torts - Second
Intellectual Property
Subject matter jurisdiction
Distinguishable cases
34. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Overrule
Closed Questions
Testimonial evidence
Respondeat superior
35. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Dictum
Personal recognizance bond
Remedial statute
Judgment
36. Bad intent.
Remedial statute
Mens rea
Intellectual Property
Dissenting opinion
37. An actual incident or condition; not a legal consequence.
Fact
Statutes of limitations
Questions of law
Miranda warnings
38. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Statute in derogation of the common law
Broad holding
Stare decisis
Dissenting opinion
39. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Comparative negligence
Confidentiality
Analogous cases
Lay a foundation
40. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Plea bargaining
Tort law
Narrow Holding
International Paralegal Management Association (IPMA) www.paralegal management.org
41. 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.
Minor premise
Tickler System
Quiet enjoyment
Arraignment
42. A determination that an attorney may not practice law for a set period of time.
Suspension
Contributory negligence
Legal Reasoning
Punitive damages
43. A person who initiates an appeal.
No-knock warrant
Exculpatory evidence
Verdict
Appellant or petitioner
44. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Laws
Arraignment
Nolo contendere
Citation
45. A method for excusing a prospective juror; no reason need be given.
Concluding paragraph
Laws
Questions of fact
Peremptory challenge
46. The chronological publication of statutes at the end of a legislative session.
Documentary evidence
Road Map paragraph
Statutes at large or session laws
Primary authority
47. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Pocket part
Legal writing
Case citation
Doctrine of implied powers
48. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Certificated
Count
Best evidence rule
Motion for a new trial
49. The failure to act reasonably under the circumstances.
Self-defense
Challenge for cause
Headnote
Negligence
50. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
Professional Corporation (PC)
Concurring opinion
Execute