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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. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Quiet enjoyment
Registration
Subsequent case history
Jurisdiction
2. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Verification
Shepardizing
Broad holding
Specific performance
3. The process of finding the law.
Legal Research
Writ of certiorari
Personal recognizance bond
Popular name table
4. Consists of records - contracts - leases - wills - and other written instruments.
Evidence
Documentary evidence
Equity
Criminal law
5. 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.
Reprimand or censure
Summary jury trials
Questions of law
Intellectual Property
6. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Actual cause
Compulsory joinder
Fact
7. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Personal property
Real property
Caption
8. A trial court error that is not sufficient to warrant reversing the decision.
Defendant
Cross-examination
Issue of first impression
Harmless error
9. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Issue
Digest
Overrule
10. The person who is being asked questions at a deposition.
Deponent
Judicial activism
Assumption of the risk
Direct evidence
11. The rule requiring that the original document be produced at trial.
Codification
Double jeopardy
Best evidence rule
Summary jury trials
12. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Preemption
Product misuse
Pinpoint cite
Implied warranty of habitability
13. A court order requiring a person to appear to testify at a trial or deposition.
Competency
Subpoena
Counterclaim
Persuasive authority
14. Cases that involve different facts and/or rules of law.
Distinguishable cases
Popular name table
Overrule
Statute in derogation of the common law
15. A court opinion that establishes new law in an important area.
Complaint
Landmark decision
Certificated
Challenge for cause
16. The modern pretrial procedure by which one party gains information from the adverse party.
Case citation
Pleadings
Motion to suppress
Discovery
17. A provision that purports to waive liability.
Exculpatory clause
Assumption
Peremptory challenge
Motion
18. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Headnote
Notice
On all fours
Search engine
19. The requirement that relief be sought from an administrative agency before proceeding to court.
Practice of law
Issue
Exhaustion of administrative remedies
M'Naghten test
20. 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.
Actual cause
Minimum contacts
Beyond a reasonable doubt
Assumption
21. 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.
Federalism
Assumption of the risk
Indictment
Popular name table
22. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Practice of law
Cross-claim
Concurring opinion
U.S. Supreme Court
23. The revocation of an attorney's license.
Defendant
Constructive
Actual cause
Disbarment
24. A law promulgated by an administrative agency.
Regulation
Default judgment
Cumulative evidence
Expert witness
25. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Strict liability
Registration
Corroborative evidence
Reverse
26. The number of hours - or parts of an hour - that can be charged to a specific client.
Shepardizing
Billable hours
Preemption
Notice pleading
27. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
U.S. district courts
Code
Fruit of the poisonous tree doctrine
28. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Competency
Canons of construction
Hearsay
Treatment
29. Questions that suggest the answer.
Subpoena duces tecum
Assault
Remand
Leading questions
30. 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
Affirm
Judgment
Retainer agreement
Equity
31. A witness who possesses skill and knowledge beyond that of the average person.
Pinpoint cite
Expert witness
Equity
Concurrent jurisdiction
32. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Concurring opinion
Legal Reasoning
Exigent circumstances
Booking
33. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Case citation
Real or physical evidence
Alternative dispute resolution (ADR)
Battered woman's or spouse's syndrome
34. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Duress
Contributory negligence
Restatement of the Law of Torts - Second
35. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Hourly rate
Successive conflict of interest
Authentication
Attorney-client privilege
36. 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.
Motion
Motion to require a finding of not guilty
Broad holding
Closed Questions
37. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Overbreadth
Irresistible impulse test
Appellant or petitioner
38. A trial conducted without a jury.
Bench trial
Jurisdiction
Model Rules of Professional Conduct
Remedial statute
39. 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.
Motion for a new trial
Reversible error
Actus rea
Full-text searches
40. When an appellate court sends a case back to the trial court for a new trial or other action.
Popular name table
Remand
Concurring opinion
Subpoena duces tecum
41. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Stare decisis
Assault
Retainer agreement
En banc
42. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Regulation
Guardian
Respondeat superior
General jurisdiction
43. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Summary jury trials
Disposition
Legal Reasoning
44. An approach whereby the courts give a statute a narrow interpretation.
Dissenting opinion
Strict construction
Lay a foundation
Statute in derogation of the common law
45. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Retainer agreement
Popular name table
Trial courts
Retainer
46. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
per curium
Third-party claim
Double jeopardy
Valid
47. The judge informs the jurors of the law they need to know to make their decision.
Beyond a reasonable doubt
Products liability
Concurring opinion
Charging the jury
48. A court order authorizing a sheriff to take property in order to enforce a judgment.
Class action suit
Arrest
Writ of execution
Citation
49. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Statutes of limitations
Mediation
Intellectual Property
Stop and frisk
50. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Personal property
Disposition
Products liability
Proving a case within a case