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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. Cases that involve similar facts and rules of law.
Reverse
Legal fiction
Evidence
Analogous cases
2. A court's power to hear any type of case arising within its geographical area.
Separation of powers
General jurisdiction
Potential conflict
Cumulative evidence
3. 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
Best evidence rule
Rule 56 motion (summary judgment motion)
Cumulative evidence
Hearsay
4. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Affirm
Criminal law
Professional Corporation (PC)
Joint tenancy
5. 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.
Doctrine of implied powers
Leading questions
Questions of law
Contributory negligence
6. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Class action suit
Affirmative defense
Successive conflict of interest
7. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Enabling act
Reasonable suspicion
Arrest
8. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion in limine
En banc
Pinpoint cite
Criminal law
9. Cases that involve different facts and/or rules of law.
Fact
Request for admissions
Affirmative defense
Distinguishable cases
10. A book that contains court opinion headnotes arranged by subject matter.
Digest
En banc
Federalism
Legal technician
11. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Duress
Billable hours
Res ipsa loquitur
12. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Negligence
Transition
Legal writing
Voir dire
13. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Model Rules of Professional Conduct
Stare decisis
Pretrial motion
Documentary evidence
14. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
Comparative negligence
Evidence
Recklessness
15. A trial conducted without a jury.
Intentional tort
Bench trial
Exculpatory clause
Tenancy in common
16. A person who initiates a lawsuit.
Plaintiff
Partnership
Majority opinion
Unofficial reporter
17. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Digest
Clear and convincing
Ethical wall or screen or cone of silence
Exigent circumstances
18. The power of the federal courts to hear matters of federal law.
Nominal damages
Appellate courts
Remedial statute
Federal question jurisdiction
19. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
U.S. Court of Appeals
Complaint
Concurrent jurisdiction
20. Law that regulates how the legal system operates.
Procedural law
Subpoena
Judicial notice
Internet
21. When a higher court agrees with what lower court has done.
Affirm
Harmless error
Disbarment
Limited liability partnership (LLP)
22. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Punitive damages
Leading question
Potential conflict
Irresistible impulse test
23. A statute establishing and setting out the powers of an administrative agency.
Headnote
Ejusdem generis
Subsequent case history
Enabling act
24. The reference to a particular page within an opinion.
Mandatory authority
Pinpoint cite
Circumstantial evidence
Constructive eviction
25. A witness who has not been shown to have any special expertise.
Clear and convincing
Loislaw
Lay witness
Procedural facts
26. The power of a court to force a person to appear before it.
Booking
Personal jurisdiction
Clearly erroneous
Motion to require a finding of not guilty
27. 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.
Practice of law
Procedural facts
Motion for a new trial
Beyond a reasonable doubt
28. A national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Proving a case within a case
U.S. Court of Appeals
Deponent
29. 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
Black-letter law
Legal technician
Tenancy in common
30. Being informed of some act done or about to be done.
Appellate brief
Summary jury trials
Execute
Notice
31. A statute that changes the common law.
Recidivist
Defendant
Road Map paragraph
Statute in derogation of the common law
32. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Motion
Broad holding
Verification
33. The publication of false statements that harm a person's reputation.
Defamation
International Paralegal Management Association (IPMA) www.paralegal management.org
Holding
Products liability
34. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Minimum contacts
Counterclaim
Specific performance
Insanity defense
35. A business run by two or more persons as co-owners.
Partnership
Expert witness
Tenancy by the entirety
Documentary evidence
36. A document that lists statements regarding specific items for the other party to admit or deny.
Indictment
Request for admissions
Legal malpractice
Substantial capacity test
37. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Appellee or respondent
Reverse
Remedial statute
Transition
38. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Legal clinic
Summary jury trials
Complaint
Compulsory joinder
39. An issue that the court has never faced before.
Issue of first impression
Billable hours
Substantial capacity test
Overrule
40. A law promulgated by an administrative agency.
Diversity jurisdiction
Compensatory damages
Exclusive jurisdiction
Regulation
41. A court's power to hear only specialized cases.
Proximate cause
Limited jurisdiction
Reverse
Structured database
42. Someone who has the power to act in the place of another.
Black-letter law
Exigent circumstances
Evidence
Agent
43. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Dissenting opinion
Substantial capacity test
Concurring opinion
Comparative negligence
44. To perform.
Direct examination
Strict liability
Execute
Personal jurisdiction
45. A worldwide network of computer networks.
Internet
Administrative law
Overrule
Substantive facts
46. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Count
Intentional tort
Judicial restraint
47. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Lay a foundation
Execute
Analogous cases
Issue
48. A request that the court prohibit the use of certain evidence at the trial.
Arraignment
Appellee or respondent
Strict construction
Motion to suppress
49. An opinion that disagrees with the majority's decision and its reasoning.
Harmless error
Appellee or respondent
Deposition
Dissenting opinion
50. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Rule
Annotated statutes
Partnership