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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 court's power to hear only specialized cases.
Case reporters
Primary authority
Limited jurisdiction
Professional judgment
2. When the defendant does not have sufficient money or other assets to pay the judgment.
Actus rea
Injunction
Strict construction
Judgment proof
3. The number of hours - or parts of an hour - that can be charged to a specific client.
Concurring opinion
Federalism
Legal Reasoning
Billable hours
4. Questions relating to what happened: who - what - when - where - and how.
Closed Questions
Dissenting opinion
Questions of fact
Open Questions
5. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Legal clinic
Default judgment
Adverse possession
Citing case
6. The division of governmental power among the legislative - executive - and judicial branches.
Minimum contacts
Products liability
Separation of powers
Battered woman's or spouse's syndrome
7. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Lay witness
Real property
Clearly erroneous
Cross-claim
8. A statement in a judicial opinion not necessary for the decision of the case.
Unofficial reporter
Judgment
Dictum
Deductive reasoning
9. A defendant's personal promise to appear in court.
Personal recognizance bond
Harmless error
Writ of execution
Assault
10. 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).
Circumstantial evidence
Joint tenancy
Double jeopardy
Disbarment
11. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Entrapment
Lay advocate
Codification
Negligence
12. An agreement supported by consideration.
Harmless error
Contract
Concurring opinion
Evidence
13. 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.
Materiality
Inculpatory evidence
Enabling act
Prior case history
14. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Nominal damages
Motion
Indictment
15. A court's power to hear any type of case arising within its geographical area.
Exigent circumstances
General jurisdiction
Agent
Double jeopardy
16. An opinion that agrees with the majority's result but disagrees with the reasoning.
Mistrial
Judicial activism
Concurring opinion
Ethical wall or screen or cone of silence
17. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Bench trial
Minor premise
Assault
Constructive eviction
18. The first ten amendments to the U.S. Constitution.
Black-letter law
Bill of Rights
Harmless error
Tort law
19. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Unofficial reporter
Digest
Open Questions
20. A public or private statement that an attorney's conduct violated the code of ethics.
Irresistible impulse test
Mandatory authority
Reprimand or censure
Request for admissions
21. Violation of a statute as proof of negligence
Preponderance of the evidence
Direct examination
Negligence per se
No-knock warrant
22. Summary of one legal point in a court opinion; written by the editors at West.
Count
Vicarious representation
Reverse
Headnote
23. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Popular name table
Pretrial motion
Deductive reasoning
24. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Stop and frisk
Pretrial motion
Subpoena duces tecum
25. The power of a court to hear a case.
Jurisdiction
Bailment
Codification
Structured database
26. The general jurisdiction trial courts in the federal system.
U.S. district courts
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Overbreadth
Overrule
27. Disregarding a substantial and unjustifiable risk that harm will result.
Removal
Legal clinic
Recklessness
Overrule
28. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
National Association of Legal Assistants (NALA) www.nala.org
Unofficial reporter
Criminal law
29. Courts that determine whether lower courts have made errors of law.
Model Rules of Professional Conduct
Leading questions
Pocket part
Appellate courts
30. A right to use property owned by another for a limited purpose.
Easement
Defendant
Ethical wall or screen or cone of silence
Best evidence rule
31. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Comparative negligence
Property law
Reverse
Citation
32. A grand jury's written accusation that a given individual has committed a crime.
Potential conflict
Codification
Indictment
Necessity
33. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
M'Naghten test
Res ipsa loquitur
Pattern jury instructions
Transition
34. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Lay witness
Statute in derogation of the common law
Tenancy in common
35. Representing someone who is in a position adverse to a prior client.
Broad holding
En banc
Practice of law
Successive conflict of interest
36. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Structured database
Code
Quiet enjoyment
Concluding paragraph
37. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Grand jury
Nolo contendere
Beyond a reasonable doubt
Service
38. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
Canons of construction
Affirmative defense
Property
39. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Prima facie case
Landmark decision
Judgment
Appellate courts
40. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Mistrial
Materiality
Lay witness
Model Rules of Professional Conduct
41. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Personal recognizance bond
Miranda warnings
Federal question jurisdiction
42. A pamphlet inserted into the back of a book containing information new since the volume was published.
Complaint
Pocket part
Lay a foundation
Federalism
43. Cases that involve different facts and/or rules of law.
Personal property
Statutes at large or session laws
Distinguishable cases
Case reporters
44. A compilation of federal administrative regulations arranged by agency.
Judicial notice
Code of Federal Regulations (C.F.R.)
Exculpatory clause
Miranda warnings
45. The transfer of a case from one state court to a federal court.
Materiality
Recklessness
Removal
Verdict
46. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Tickler System
Potential conflict
Assumption
Strict liability
47. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Model Rules of Professional Conduct
Westlaw
Clearly erroneous
Caption
48. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Pinpoint cite
Subpoena
Products liability
Actus rea
49. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Popular name table
Punitive damages
Administrative law
Entrapment
50. Generally accepted legal principles.
Assumption of the risk
Practice of law
Black-letter law
Affirmative defense