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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 tangible object or a right or ownership interest.
Best evidence rule
Implied warranty of habitability
Harmless error
Property
2. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Contributory negligence
Complaint
Transition
Affirm
3. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Motion in limine
Judicial activism
Personal property
4. A statement in a judicial opinion not necessary for the decision of the case.
Open Questions
Dictum
Rule
Actual cause
5. The process of properly identifying and authenticating evidence so that it can be introduced.
Cause of action
Pocket part
Lay a foundation
Assault
6. A trial court error that is not sufficient to warrant reversing the decision.
Negligence
Pocket part
Exculpatory clause
Harmless error
7. The rule requiring that the original document be produced at trial.
Best evidence rule
Loislaw
On all fours
Insanity defense
8. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Real or physical evidence
Insanity defense
Contingency fee
Fact
9. Broad questions that put few limits on the freedom of the respondent.
Case citation
Open Questions
Defamation
Fact
10. Evidence that suggests the defendant's innocence.
Res ipsa loquitur
Digest
Closed Questions
Exculpatory evidence
11. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Interrogatories
Rule 56 motion (summary judgment motion)
Tenancy in common
Deposition
12. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Substantive law
Complaint
Legislative history
Practice of law
13. Money is awarded to a plaintiff in payment for his or her actual losses.
Freelance Paralegal
Compensatory damages
Procedural facts
Property law
14. Including more than one count in a complaint; the counts do not need to be consistent.
On all fours
Valid
Pleading in the alternative
Personal recognizance bond
15. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Subpoena duces tecum
Reasonable suspicion
Paralegal
Subject matter jurisdiction
16. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Questions of fact
Open Questions
Overrule
Majority opinion
17. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Pretrial motion
Legislative history
Cross-examination
18. The highest federal appellate court - consisting of nine appointed members.
Pattern jury instructions
Shepardizing
U.S. Supreme Court
General jurisdiction
19. To perform.
Complaint
Popular name table
Execute
Black-letter law
20. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Interrogatories
Assault
Eminent Domain
Narrow Holding
21. 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.
Lay witness
Plea bargaining
Principle
Broad holding
22. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Legal Reasoning
Shepardizing
Legal Research
Exculpatory evidence
23. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Administrative law
Paralegal
Duress
Authentication
24. 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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25. A summary of one legal point in a court opinion; written by the editors at West.
Double jeopardy
Comparative negligence
per curium
Headnote
26. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Pleading in the alternative
Leading questions
Lay advocate
Proving a case within a case
27. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Best evidence rule
Plain view doctrine
Beyond a reasonable doubt
On all fours
28. The process of legislative enactment of areas of the law previously governed solely by the common law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Legal malpractice
Codification of the common law
Questions of fact
29. Law that deals with harm to an individual.
Reverse
Pleadings
Civil law
Deductive reasoning
30. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Statutes of limitations
Tenancy in common
Real Property
Joint tenancy
31. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Mandatory authority
Legal Reasoning
Challenge for cause
Eminent Domain
32. The party in a case who has initiated an appeal.
Dissenting opinion
Appellate or petitioner
Loislaw
Federal question jurisdiction
33. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Necessity
Deponent
Exculpatory clause
Limited liability partnership (LLP)
34. An opinion that disagrees with the majority's decision and reasoning.
Answer
Dissenting opinion
Void for vagueness
Affirm
35. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Holding
Remedial statute
Judgment notwithstanding the verdict (judgment N.O.V.)
Remand
36. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Client trust account
Derogation of the common law
Successive conflict of interest
37. The first ten amendments to the U.S. Constitution.
Bill of Rights
Subsequent case history
Freelance Paralegal
Lay witness
38. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Notice pleading
Personal property
Stop and frisk
39. A court's power to review statutes to decide if they conform to the federal or a state constitution.
M'Naghten test
Annotated statutes
Power of judicial review
Void for vagueness
40. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Affirmative defense
Appellant or petitioner
Remand
41. 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.
Headnote
Notice pleading
Exculpatory clause
Statute of limitations
42. The opinion of a jury on a question of fact.
Legal services offices
Tickler System
Concurring opinion
Verdict
43. Used to describe legislation that changes the common law.
Derogation of the common law
Affirmative defense
Loislaw
Appellate brief
44. When only one court has the power to hear a case.
Exclusive jurisdiction
Contract
Challenge for cause
Client trust account
45. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Judicial review
Pleadings
Real or physical evidence
Doctrine of implied powers
46. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Legal fiction
Professional judgment
Best evidence rule
Unofficial reporter
47. A public or private statement that an attorney's conduct violated the code of ethics.
Billable hours
Reprimand or censure
Harmless error
Dictum
48. Evidence that is derived from an illegal search or interrogation is inadmissible.
Answer
Personal jurisdiction
Civil law
Fruit of the poisonous tree doctrine
49. A summary of a court opinion that appears at the beginning of the case.
Tenancy in common
Suspension
Syllabus
Appellee or respondent
50. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Assault
Popular name table
Quiet enjoyment