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Test your basic knowledge |
Paralegal 101
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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. The questioning of an opposing witness.
Canons of construction
Best evidence rule
Cross-examination
Overbreadth
2. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Duress
Punitive damages
Appellate brief
Transition
3. When more than one court has jurisdiction to hear a case.
Concurrent jurisdiction
Real property
Battery
M'Naghten test
4. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Actual cause
Subject matter jurisdiction
Federalism
Deponent
5. A set charge for a specific service - such as drafting a simple will.
Loislaw
Property
Fixed Fee
Mistrial
6. The transfer of a case from one state court to a federal court.
On point
Materiality
Cumulative evidence
Removal
7. A person who permits or directs another person to act on the principal's behalf.
Mandatory authority
Principle
Persuasive authority
Professional judgment
8. A book that contains court opinion headnotes arranged by subject matter.
Motion to require a finding of not guilty
Digest
Third-party claim
Negligence
9. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Appellant or petitioner
Lay witness
Nolo contendere
10. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Writ of habeas corpus
Defendant
Expert witness
Actual cause
11. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Answer
Indictment
Federalism
Federal question jurisdiction
12. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Pretrial conference
Original jurisdiction
Disposition
Adverse possession
13. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Preponderance of the evidence
Recidivist
Open Questions
Plain meaning
14. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Landmark decision
Strict construction
Compensatory damages
Equity
15. A special type of joint tenancy applicable only to married couples.
Mediation
Statute of limitations
Tenancy by the entirety
Appellee or respondent
16. An opinion that agrees with the majority's result but disagrees with its reasoning.
Separation of powers
Minor premise
Subsequent case history
Concurring opinion
17. 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.
Standing
Court of record
Pleadings
Official reporter
18. 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
Dissenting opinion
Comparative negligence
Official reporter
19. An approach whereby the courts give a statute a broad interpretation.
Minor premise
Actus rea
Liberal construction
Contingency Fee
20. Voluntarily and knowingly subjecting oneself to danger.
Concluding paragraph
Tickler System
Assumption of the risk
Tort law
21. A court's prior permission for the police to search and seize.
Statutes of limitations
Overrule
Real Property
Warrant
22. Also known as real estate; land and items growing on or permanently attached to that land.
Beyond a reasonable doubt
Verdict
Real Property
Product misuse
23. Generally - an emergency situation that allows a search to proceed without a warrant.
Lay witness
Exigent circumstances
Digest
Headnote
24. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Citation
Hearsay
Caption
Motion to require a finding of not guilty
25. The process of properly identifying and authenticating evidence so that it can be introduced.
Mens rea
Lay a foundation
Jurisdiction
Harmless error
26. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
Enabling act
Minimum contacts
Minor premise
27. A tangible object or a right or ownership interest.
Property
Legal Reasoning
Class action suit
Potential conflict
28. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Westlaw
Grand jury
Professional judgment
Execute
29. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Treatment
Stare decisis
Reverse
Shepardizing
30. 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.
Contributory negligence
Assumption of the risk
Pleadings
Minimum contacts
31. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Contingency Fee
Writ of habeas corpus
Best evidence rule
32. When an appellate court overturns or negates the decision of a lower court.
Limited liability partnership (LLP)
Reverse
Certificated
Invasion of Privacy
33. Law that deals with harm to an individual.
Concurrent jurisdiction
Civil law
Regulation
Appellate or petitioner
34. The failure to act reasonably under the circumstances.
Appellate courts
Negligence
Unauthorized practice of law
Appellate brief
35. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Judgment proof
Legal technician
Freelance Paralegal
Judicial notice
36. The general jurisdiction trial courts in the federal system.
U.S. Supreme Court
Active Listening
U.S. district courts
Entrapment
37. 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.
Judgment proof
Loislaw
Persuasive authority
Concurring opinion
38. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Removal
Contingency fee
Treatment
Actus rea
39. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Tickler System
Void for vagueness
Internet
Materiality
40. 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.
U.S. Court of Appeals
Legislative history
Clear and convincing
Freelance Paralegal
41. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Recklessness
Administrative law
Necessity
Double jeopardy
42. A computerized database that contains the full text of documents - such as court opinions or depositions.
On all fours
Full-text database
Questions of fact
Criminal law
43. A requirement that a party fulfill his or her contractual obligations.
Entrapment
Specific performance
Pocket part
Syllabus
44. 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.
Judgment
Prima facie case
Pocket part
Directed verdict
45. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Reverse
Retainer
Case citation
Constructive eviction
46. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Legal fiction
Third-party claim
Booking
Reverse
47. 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.
Subpoena
Summary jury trials
Judgment
Transition
48. Questions that suggest the answer.
Lexis
Discovery
Leading questions
Answer
49. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Execute
Deponent
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Cause of action
50. All property that is not real property.
Damages
Corroborative evidence
Personal property
Constitutional law
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