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. An advance or down payment that is given to engage the services of an attorney.
Retainer
Freelance Paralegal
Citing case
Standing
2. Money is awarded to a plaintiff in payment for his or her actual losses.
Execute
Compensatory damages
Retainer
Constructive
3. A token sum awarded when liability has been found but monetary damages cannot be shown.
Personal jurisdiction
Legal clinic
Common law
Nominal damages
4. A tort committed by one who intends to do the act that creates the harm.
Assumption of the risk
General jurisdiction
Intentional tort
Implied warranty of habitability
5. A person who permits or directs another person to act on the principal's behalf.
Certificated
Subpoena duces tecum
Headnote
Principle
6. A statute that changes the common law.
Reasonable suspicion
Property
Statute in derogation of the common law
Statute of limitations
7. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Bill of Rights
Indictment
Lay advocate
Statute
8. In a complaint - one cause of action.
Count
Code
Constructive
Appellate brief
9. Evidence that supports previous testimony but that comes in a different form.
Request for admissions
Corroborative evidence
Closed Questions
Arrest
10. Indirect evidence - used to prove facts by implication.
Restrictive covenant
Digest
U.S. Court of Appeals
Circumstantial evidence
11. Cases that involve similar facts and rules of law.
Treatment
Loislaw
Criminal law
Analogous cases
12. Disregarding a substantial and unjustifiable risk that harm will result.
Lay advocate
Actual cause
Indictment
Recklessness
13. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Unauthorized practice of law
Practice of law
Potential conflict
Professional judgment
14. The reference to a particular page within an opinion.
Removal
Pinpoint cite
Caption
Search engine
15. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Headnote
Legal clinic
Proving a case within a case
Necessity
16. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Evidence
Answer
Charging the jury
17. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Discovery
Headnote
Compensatory damages
Leading question
18. Courts that determine the facts and apply the law to the facts.
Pleadings
Competency
Trial courts
Procedural facts
19. Something of value exchanged to form the basis of a contract.
Contingency Fee
Evidence
Agent
Consideration
20. In a case brief - facts that deal with what happened to the parties before the litigation began.
Concurrent conflict of interest
Legal services offices
Product misuse
Substantive facts
21. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
Certificated
Stare decisis
Legislative history
22. Land and objects permanently attached to land.
Enabling act
Transition
Real property
Case citation
23. Governmental publication of court opinions.
M'Naghten test
Structured database
Official reporter
Guardian
24. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Specific performance
False imprisonment
Competency
Headnote
25. 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.)
Guardian
Motion in limine
Reasonable suspicion
26. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
Preemption
Proving a case within a case
American Association for Paralegal Education (AAfPE) www.aafpe.org
27. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Leading questions
12(b)(6) motion
Jurisdiction
28. Information that can be presented in a court of law as proof of some fact.
Reverse
Evidence
Limited jurisdiction
Exigent circumstances
29. A right to use property owned by another for a limited purpose.
Confidentiality
Legal Research
Execute
Easement
30. The application of legal rules to a client's specific factual situation; also known as legal analysis.
General jurisdiction
Legal Reasoning
Appellate brief
Void for vagueness
31. Law that deals with harm to a person or a person's property.
No-knock warrant
Summary jury trials
Tort law
Documentary evidence
32. 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.
Dictum
Stop and frisk
Contingency Fee
Loislaw
33. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Voir dire
Comparative negligence
Verification
34. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Code
Closed Questions
Booking
Landmark decision
35. Establishes a direct link to the event that must be proven.
Lexis
Holding
Contributory negligence
Direct evidence
36. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
On point
Narrow Holding
U.S. Supreme Court
Judicial review
37. The papers that begin a lawsuit-generally - the complaint and the answer.
Administrative law
Pleadings
Original jurisdiction
Personal recognizance bond
38. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Holding
Motion
Actus rea
39. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Case reporters
Concluding paragraph
12(b)(6) motion
U.S. Court of Appeals
40. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Hourly rate
Judgment notwithstanding the verdict (judgment N.O.V.)
Reverse
Irresistible impulse test
41. The justified use of force to protect oneself or others.
Open Questions
Circumstantial evidence
Self-defense
Dissenting opinion
42. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Holding
Prior case history
Leading questions
Active Listening
43. An intentional act that creates a harmful or offensive physical contact.
Restrictive covenant
Digest
Miranda warnings
Battery
44. The requirement that relief be sought from an administrative agency before proceeding to court.
Hourly rate
Interrogatories
Ejusdem generis
Exhaustion of administrative remedies
45. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Issue of first impression
Corroborative evidence
Damages
Adverse possession
46. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Closed Questions
On point
Beyond a reasonable doubt
Derogation of the common law
47. A business run by two or more persons as co-owners.
Real property
Substantial capacity test
Partnership
Registration
48. In a case brief - the general legal principle in existence before the case began.
Pleading in the alternative
Westlaw
Nominal damages
Rule
49. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Real or physical evidence
Rule
Bail
Motion in limine
50. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Active Listening
Secondary authority
Arbitration
Loislaw