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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. When an appellate court sends a case back to the trial court for a new trial or other action.
Comparative negligence
Primary authority
Personal jurisdiction
Remand
2. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Concluding paragraph
Fixed Fee
Dismissal with prejudice
Plaintiff
3. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Vicarious representation
Black-letter law
Quiet enjoyment
Common law
4. 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.
Strict construction
Removal
Appellate brief
Nolo contendere
5. A defense requiring proof that the defendant was not mentally responsible.
Rule 56 motion (summary judgment motion)
Insanity defense
Competency
Clear and convincing
6. A judicial philosophy that supports an active role for the judiciary in changing the law.
Closed Questions
Judicial activism
Personal property
Rules of evidence
7. 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
Substantive facts
Statute in derogation of the common law
Cross-claim
8. An advance or down payment that is given to engage the services of an attorney.
Lexis
Derogation of the common law
Concluding paragraph
Retainer
9. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Jurisdiction
Limited jurisdiction
Verification
Original jurisdiction
10. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Legal writing
Subpoena
Remand
Westlaw
11. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Entrapment
U.S. district courts
Cumulative evidence
12. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Mandatory authority
Summary jury trials
False imprisonment
Concurrent jurisdiction
13. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Judicial notice
Self-defense
Verification
Expert witness
14. An intentional act that creates a harmful or offensive physical contact.
Suspension
Statute in derogation of the common law
Fact
Battery
15. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Judicial notice
Exclusionary rule
Verdict
Prima facie case
16. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Notice
Challenge for cause
Personal jurisdiction
Annotated statutes
17. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Ejusdem generis
Evidence
Hearsay
Joint tenancy
18. A defense whereby the defendant offers new evidence to avoid judgment.
Majority opinion
Open Questions
Evidence
Affirmative defense
19. A statute establishing and setting out the powers of an administrative agency.
Tort law
Standing
Enabling act
Legislative history
20. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Legal malpractice
Subsequent case history
Summary jury trials
Voir dire
21. The general jurisdiction trial courts in the federal system.
Best evidence rule
Official reporter
Defamation
U.S. district courts
22. The law itself - such as statutes and court opinions.
No-knock warrant
Primary authority
Substantive facts
Dissenting opinion
23. The power of a court to hear a case.
Constructive
Fruit of the poisonous tree doctrine
Property law
Jurisdiction
24. A set of standardized jury instructions.
Recklessness
Clearly erroneous
Pattern jury instructions
Punitive damages
25. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Constructive eviction
Treatment
No-knock warrant
26. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Implied warranty of habitability
Slip laws
Reverse
Motion
27. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Procedural facts
Limited liability partnership (LLP)
Reverse
28. A canon of construction meaning 'of the same class.:
Ejusdem generis
Warrant
Citation
Pleadings
29. In a case brief - facts that deal with what happened to the parties before the litigation began.
Default judgment
Substantive facts
Recidivist
Plain meaning
30. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Client trust account
Original jurisdiction
Irresistible impulse test
31. Something of value exchanged to form the basis of a contract.
Fixed Fee
Consideration
Joint tenancy
Summons
32. An actual incident or condition; not a legal consequence.
Judgment proof
Fact
Eminent Domain
En banc
33. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Codification
U.S. Supreme Court
Bail
Annotated statutes
34. 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
Primary authority
Verdict
Reverse
35. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Eminent Domain
Clear and convincing
Road Map paragraph
Codification of the common law
36. Questions that suggest the answer.
Rule
Preemption
Code of Federal Regulations (C.F.R.)
Leading questions
37. The modern pretrial procedure by which one party gains information from the adverse party.
Discovery
Substantial capacity test
Comparative negligence
Defendant
38. 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.
Judicial restraint
Contributory negligence
Corroborative evidence
Subsequent case history
39. An opinion that agrees with the majority's result but disagrees with its reasoning.
Peremptory challenge
Conflict of interest
Concurring opinion
Concurrent jurisdiction
40. A constitutional protection against being tried twice for the same crime.
Dictum
Statutes at large or session laws
Double jeopardy
Pleading in the alternative
41. A witness who has not been shown to have any special expertise.
Arrest
Peremptory challenge
Pocket part
Lay witness
42. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Road Map paragraph
Corroborative evidence
Legal services offices
Slip laws
43. When an appellate court that normally sits in panels sits as a whole.
Lay advocate
En banc
Reverse
Motion
44. 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.
Westlaw
Writ of execution
Majority opinion
Preemption
45. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Appellee or respondent
Personal property
Popular name table
Judgment
46. 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
Mens rea
Lay witness
Motion
47. A grand jury's written accusation that a given individual has committed a crime.
Lay witness
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Indictment
Hourly rate
48. A reason for invalidating a statute where it covers both protected and criminal activity.
Code of Federal Regulations (C.F.R.)
Valid
Overbreadth
Unofficial reporter
49. The new legal principle established by a court opinion.
Holding
Retreat exception
National Association of Legal Assistants (NALA) www.nala.org
Request for admissions
50. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Limited liability partnership (LLP)
Doctrine of implied powers
Notice
Popular name table