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. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Guardian
Reverse
Complaint
Competency
2. 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.
Vicarious representation
Persuasive authority
Criminal law
Joint tenancy
3. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Black-letter law
Tenancy by the entirety
Compulsory joinder
Self-defense
4. Law that deals with harm to society as a whole.
Criminal law
Restatement of the Law of Torts - Second
No-knock warrant
Prima facie case
5. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Void for vagueness
General jurisdiction
Duress
Assault
6. The papers that begin a lawsuit-generally - the complaint and the answer.
Arrest
Disbarment
Removal
Pleadings
7. The party in a case against whom an appeal has been filed.
Tenancy by the entirety
Joint tenancy
Appellee or respondent
Headnote
8. A defense whereby the defendant offers new evidence to avoid judgment.
Hourly rate
Affirmative defense
Prima facie case
Consideration
9. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Disposition
Prior case history
Bailment
Transition
10. Law that deals with harm to an individual.
Mistrial
Indictment
Civil law
No-knock warrant
11. An opinion in which a majority of the court joins.
Suspension
Active Listening
Majority opinion
Res ipsa loquitur
12. 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.
Booking
Intellectual Property
Black-letter law
Vicarious representation
13. An actual incident or condition; not a legal consequence.
Writ of certiorari
Ethical wall or screen or cone of silence
Fact
Double jeopardy
14. Not factually true - but accepted by the courts as being legally true.
Mandatory authority
Case citation
Real property
Constructive
15. The process of legislative enactment of areas of the law previously governed solely by the common law.
Minor premise
Jurisdiction
Dissenting opinion
Codification of the common law
16. A method for excusing a prospective juror; no reason need be given.
Conflict of interest
Peremptory challenge
Harmless error
Exigent circumstances
17. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Peremptory challenge
Verdict
Plain view doctrine
Judgment notwithstanding the verdict (judgment N.O.V.)
18. A token sum awarded when liability has been found but monetary damages cannot be shown.
Guardian
Exigent circumstances
Exclusionary rule
Nominal damages
19. When an appellate court overturns or negates the decision of a lower court.
Reverse
Deponent
Concurring opinion
Limited jurisdiction
20. Used to describe legislation that changes the common law.
Unauthorized practice of law
Derogation of the common law
Exigent circumstances
Double jeopardy
21. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Legislative intent
Cross-examination
Guardian
Holding
22. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Clear and convincing
Plain meaning
Tenancy in common
Documentary evidence
23. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Reprimand or censure
Probable cause
Eminent Domain
24. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Rule
Legal writing
Negligence
Strict liability
25. An intentional act that creates a harmful or offensive physical contact.
Actual cause
Battery
Grand jury
Procedural law
26. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Annotated statutes
Common law
Issue of first impression
Practice of law
27. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Procedural facts
Documentary evidence
Substantial capacity test
Statutes at large or session laws
28. A compilation of federal administrative regulations arranged by agency.
Power of judicial review
Code of Federal Regulations (C.F.R.)
Affirm
Subpoena duces tecum
29. A claim by the defendant against the plaintiff.
Counterclaim
Hearsay
Personal jurisdiction
Negligence
30. A constitutional protection against being tried twice for the same crime.
Bailment
Double jeopardy
Competency
Product misuse
31. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Preponderance of the evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
Exigent circumstances
Assumption of the risk
32. The failure of an attorney to act reasonably.
Entrapment
Canons of construction
Legal malpractice
Directed verdict
33. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Rule 56 motion (summary judgment motion)
Motion
Dissenting opinion
Comparative negligence
34. The first ten amendments to the U.S. Constitution.
Federal question jurisdiction
Bill of Rights
Injunction
Assumption
35. When more than one court has jurisdiction to hear a case.
Concurrent jurisdiction
U.S. Court of Appeals
Retainer
Easement
36. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Negligence
Deductive reasoning
Suspension
37. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Annotated statutes
Bench trial
Personal property
Certified
38. Law dealing with ownership.
Appellate brief
Nominal damages
Property law
Assault
39. 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.
Unofficial reporter
Directed verdict
Certificated
Black-letter law
40. A determination that an attorney may not practice law for a set period of time.
Suspension
Class action suit
Charging the jury
Nominal damages
41. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Limited jurisdiction
Appellant or petitioner
Subsequent case history
Defamation
42. A tort committed by one who intends to do the act that creates the harm.
Equity
Internet
Actual cause
Intentional tort
43. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Cross-examination
Professional Corporation (PC)
Tort law
Remand
44. The questioning of an opposing witness.
Active Listening
Retainer agreement
Cross-examination
Codification
45. The questioning of your own witness.
Statutes at large or session laws
Charging the jury
Direct examination
Testimonial evidence
46. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Assumption of the risk
M'Naghten test
Implied warranty of habitability
Constitutional law
47. Law that deals with harm to a person or a person's property.
Tort law
Shepardizing
Stare decisis
U.S. Supreme Court
48. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Paralegal
Inculpatory evidence
Deductive reasoning
Duress
49. 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
Substantive law
Motion
Equity
Hypertext links
50. Information that can be presented in a court of law as proof of some fact.
Freelance Paralegal
Reasonable suspicion
Cross-examination
Evidence