SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Questions of law
Insanity defense
Holding
Canons of construction
2. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Leading question
Registration
Alternative dispute resolution (ADR)
Westlaw
3. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Closed Questions
Fixed Fee
Exculpatory clause
4. The intermediate appellate courts in the federal system.
Code
U.S. Court of Appeals
Mistrial
Legal Reasoning
5. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Constitutional law
Notice
Probable cause
Indictment
6. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Concluding paragraph
Certified
Disposition
7. A document that lists statements regarding specific items for the other party to admit or deny.
Strict construction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Certified
Request for admissions
8. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Personal jurisdiction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Limited liability partnership (LLP)
Subpoena duces tecum
9. A warrant that allows the police to enter without announcing their presence in advance.
Judicial notice
No-knock warrant
Deposition
Full-text database
10. A right to use property owned by another for a limited purpose.
Legal services offices
Subject matter jurisdiction
Easement
Road Map paragraph
11. 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.
Guardian
Minimum contacts
Paralegal
Contingency Fee
12. In a case brief - facts that deal with what happened to the parties before the litigation began.
Substantive facts
U.S. district courts
Road Map paragraph
Cause of action
13. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Preemption
Compulsory joinder
Harmless error
Counterclaim
14. A court opinion that establishes new law in an important area.
Evidence
Affirm
Harmless error
Landmark decision
15. A statement in a judicial opinion not necessary for the decision of the case.
Dictum
Eminent Domain
Jurisdiction
Codification of the common law
16. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Holding
Lexis
Persuasive authority
Unofficial reporter
17. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Common law
Issue
Writ of execution
Bail
18. A statute that changes the common law.
En banc
Statute in derogation of the common law
Shepardizing
Doctrine of implied powers
19. Establishes a direct link to the event that must be proven.
Real property
Lexis
Arraignment
Direct evidence
20. A tangible object or a right or ownership interest.
Property
Statute
Official reporter
Hearsay
21. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Pleading in the alternative
Irresistible impulse test
Slip laws
22. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Code
Summary jury trials
Property
23. Used to describe legislation that changes the common law.
Contract
Derogation of the common law
Pleadings
Battery
24. 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.
Judicial activism
Statutes of limitations
Pleadings
Subsequent case history
25. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Entrapment
Court of record
Pocket part
Evidence
26. An actual incident or condition; not a legal consequence.
Hearsay
Fact
Strict liability
Direct evidence
27. 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.
Leading questions
Persuasive authority
Legislative history
Remand
28. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Paralegal
Res ipsa loquitur
Unauthorized practice of law
Agent
29. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Limited jurisdiction
Legal writing
Legal technician
Pattern jury instructions
30. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Appellee or respondent
Personal property
Arrest
31. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Rules of criminal procedure
Materiality
Assault
32. Law that deals with harm to a person or a person's property.
Case citation
Tort law
Legal Research
Disposition
33. Law that deals with harm to society as a whole.
Civil law
Subpoena
Criminal law
Removal
34. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Search engine
Legal Reasoning
Relevancy
International Paralegal Management Association (IPMA) www.paralegal management.org
35. In a case brief - the rule of law applied to the case's specific facts.
Billable hours
Issue
Clearly erroneous
Analogous cases
36. A meeting of the attorneys and the judge prior to the beginning of the trial.
Defendant
Indictment
Alternative dispute resolution (ADR)
Pretrial conference
37. Evidence that suggests the defendant's guilt.
Constructive eviction
Inculpatory evidence
Authentication
Motion to suppress
38. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Billable hours
Ejusdem generis
Secondary authority
39. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Pinpoint cite
Equity
U.S. district courts
Necessity
40. Bad act.
Actus rea
Internet
Concurrent conflict of interest
Reasonable suspicion
41. Information about the law - such as that contained in encyclopedias and law review articles.
Appellant or petitioner
Jurisdiction
Judicial notice
Secondary authority
42. 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.
Actus rea
Product misuse
Irresistible impulse test
Motion for a new trial
43. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Common law
Power of judicial review
Evidence
Questions of fact
44. A national voluntary organization of lawyers.
Legal writing
American Bar Association (ABA) www.abanet.org
Questions of law
Tort law
45. Rules and regulations created by administrative agencies.
Administrative law
Motion to suppress
Overrule
Subsequent case history
46. The questioning of your own witness.
Analogous cases
Direct examination
Verdict
Fact
47. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
Doctrine of implied powers
Affirm
Dissenting opinion
48. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Closed Questions
Questions of fact
Westlaw
Hearsay
49. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Road Map paragraph
Power of judicial review
Affirm
50. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Constructive eviction
Rules of evidence
Property
Deductive reasoning