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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. An opinion that disagrees with the majority's decision and its reasoning.
Dissenting opinion
Stop and frisk
Interrogatories
Doctrine of implied powers
2. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Subsequent case history
Implied warranty of habitability
Dismissal with prejudice
3. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Questions of law
Joint tenancy
Holding
Broad holding
4. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Court of record
Summons
Verification
Procedural facts
5. Simultaneously representing adverse clients.
Substantive law
Contributory negligence
Strict liability
Concurrent conflict of interest
6. Law that deals with harm to a person or a person's property.
Tort law
Pretrial conference
Judgment proof
Subpoena
7. A worldwide network of computer networks.
Narrow Holding
Questions of law
Internet
Proximate cause
8. 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.
Citation
Bailment
Motion for a new trial
Open Questions
9. In a case brief - facts that deal with what happened to the parties before the litigation began.
Concluding paragraph
Motion for a new trial
Substantive facts
Broad holding
10. A statement in a judicial opinion not necessary for the decision of the case.
Criminal law
Writ of execution
Negligence
Dictum
11. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Directed verdict
Comparative negligence
Issue
Nominal damages
12. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Property
Defendant
Unauthorized practice of law
13. The chronological publication of statutes at the end of a legislative session.
Reverse
False imprisonment
Booking
Statutes at large or session laws
14. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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15. In a case brief - the rule of law applied to the case's specific facts.
Service
Remand
Concurrent conflict of interest
Issue
16. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Reverse
Statutory element
Conflict of interest
Pretrial conference
17. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Hearsay
Directed verdict
Overrule
Compulsory joinder
18. A tangible object or a right or ownership interest.
Appellate or petitioner
Alternative dispute resolution (ADR)
Property
Compulsory joinder
19. Not factually true - but accepted by the courts as being legally true.
Circumstantial evidence
Affirm
Constructive
Ethical wall or screen or cone of silence
20. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Arbitration
Pleadings
Internet
21. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Quiet enjoyment
Motion to require a finding of not guilty
Stare decisis
22. The first ten amendments to the U.S. Constitution.
Federal question jurisdiction
Duress
Nolo contendere
Bill of Rights
23. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Reverse
Intellectual Property
Nolo contendere
24. A national paralegal association.
Answer
National Association of Legal Assistants (NALA) www.nala.org
Principle
Paralegal
25. 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.
International Paralegal Management Association (IPMA) www.paralegal management.org
U.S. Supreme Court
Nolo contendere
Legislative history
26. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
Civil law
Popular name table
Specific performance
27. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Hearsay
Concurrent conflict of interest
Cause of action
28. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Registration
Enabling act
Prior case history
Quiet enjoyment
29. A statute establishing and setting out the powers of an administrative agency.
Holding
Strict liability
Enabling act
Professional Corporation (PC)
30. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Writ of habeas corpus
Counterclaim
Voir dire
31. Land and objects permanently attached to land.
Count
Motion
Real property
Compulsory joinder
32. Disregarding a substantial and unjustifiable risk that harm will result.
Appellate courts
Recklessness
Proving a case within a case
Nominal damages
33. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Proximate cause
Punitive damages
Loislaw
Professional Corporation (PC)
34. A method for excusing a prospective juror; no reason need be given.
Contract
Peremptory challenge
Remedial statute
Class action suit
35. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Overrule
Negligence per se
Freelance Paralegal
Exclusive jurisdiction
36. When a higher court agrees with what lower court has done.
Affirm
Indictment
Grand jury
Reasonable suspicion
37. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Evidence
Headnote
Registration
38. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Syllabus
Issue
False imprisonment
Legal clinic
39. 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.
Dismissal with prejudice
Reverse
Issue
Minimum contacts
40. The revocation of an attorney's license.
Directed verdict
Judicial activism
Disbarment
Contributory negligence
41. The educated ability to apply law to specific facts.
Proving a case within a case
Professional judgment
Punitive damages
Partnership
42. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Nolo contendere
Writ of habeas corpus
Registration
Persuasive authority
43. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Ethical wall or screen or cone of silence
Standing
Booking
Mistrial
44. When an appellate court sends a case back to the trial court for a new trial or other action.
Deponent
Bailment
Remand
Jurisdiction
45. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Quiet enjoyment
Jurisdiction
Proving a case within a case
46. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Best evidence rule
Pattern jury instructions
Lexis
47. A law enacted by a state legislature or by Congress.
Booking
Client trust account
per curium
Statute
48. The new legal principle established by a court opinion.
On all fours
Concurring opinion
Tenancy in common
Holding
49. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Partnership
Charging the jury
Constructive eviction
Trial courts
50. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Restatement of the Law of Torts - Second
Retainer
Major premise
Subpoena duces tecum