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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. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Recidivist
Property law
Relevancy
Trial courts
2. 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.
Successive conflict of interest
Contingency Fee
Damages
Directed verdict
3. 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.
Loislaw
Limited jurisdiction
Successive conflict of interest
Adverse possession
4. A court's power to hear any type of case arising within its geographical area.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Retainer agreement
Hourly rate
General jurisdiction
5. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Service
Unofficial reporter
Affirm
6. The failure to act reasonably under the circumstances.
Statute
Doctrine of implied powers
Narrow Holding
Negligence
7. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Double jeopardy
Affirm
Suspension
Judicial notice
8. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Charging the jury
Cross-claim
Dissenting opinion
Recidivist
9. A court's prior permission for the police to search and seize.
Summary jury trials
Necessity
Warrant
Persuasive authority
10. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Bill of Rights
Common law
No-knock warrant
Deductive reasoning
11. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Voir dire
Personal property
Laws
12. 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.
Major premise
Codification
National Association of Legal Assistants (NALA) www.nala.org
Professional judgment
13. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Unauthorized practice of law
Directed verdict
Issue
Motion to require a finding of not guilty
14. 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.
Tenancy in common
Property
Statutes at large or session laws
Guardian
15. Also known as real estate; land and items growing on or permanently attached to that land.
Assumption of the risk
Compensatory damages
Deponent
Real Property
16. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Appellate courts
Successive conflict of interest
Majority opinion
17. Law that deals with harm to society as a whole.
Westlaw
Criminal law
Consideration
Peremptory challenge
18. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Codification
Lay a foundation
Comparative negligence
Statute of limitations
19. 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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20. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Strict construction
Guardian
Road Map paragraph
Subsequent case history
21. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Power of judicial review
Voir dire
Concurring opinion
Concurring opinion
22. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
Appellee or respondent
On point
Substantive facts
23. 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.
Case reporters
Code
Headnote
Preponderance of the evidence
24. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Exhaustion of administrative remedies
Model Rules of Professional Conduct
Defendant
Diversity jurisdiction
25. 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.
Comparative negligence
Freelance Paralegal
Unauthorized practice of law
Narrow Holding
26. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Personal property
Writ of execution
Plain meaning
27. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Actual cause
Stop and frisk
Paralegal
Practice of law
28. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Stare decisis
Evidence
Exigent circumstances
Ethical wall or screen or cone of silence
29. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Service
Code
Persuasive authority
Double jeopardy
30. The process of organizing statutes by subject matter.
Evidence
Statute
Codification
Pleadings
31. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Statute of limitations
Inculpatory evidence
Notice pleading
Nolo contendere
32. Establishes a direct link to the event that must be proven.
Rules of evidence
Implied warranty of habitability
American Bar Association (ABA) www.abanet.org
Direct evidence
33. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Cross-examination
Discovery
Contract
34. 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.
Writ of habeas corpus
Subject matter jurisdiction
Legal fiction
Contributory negligence
35. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
National Association of Legal Assistants (NALA) www.nala.org
Constructive eviction
Defendant
Hypertext links
36. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
International Paralegal Management Association (IPMA) www.paralegal management.org
Plea bargaining
Canons of construction
Self-defense
37. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Issue
Rule 56 motion (summary judgment motion)
Holding
38. When more than one court has jurisdiction to hear a case.
Retainer agreement
Citation
Concurrent jurisdiction
Overrule
39. 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.
Compensatory damages
Assault
Valid
Grand jury
40. Court decisions from a higher court in the same jurisdiction.
Dictum
Concurrent jurisdiction
Legal services offices
Mandatory authority
41. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
Criminal law
General jurisdiction
Contributory negligence
42. The failure of an attorney to act reasonably.
U.S. district courts
Legal malpractice
Ethical wall or screen or cone of silence
Motion to suppress
43. A summary of one legal point in a court opinion; written by the editors at West.
Holding
Headnote
U.S. Supreme Court
Pocket part
44. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Judgment
Summons
Slip laws
Statute in derogation of the common law
45. Something of value exchanged to form the basis of a contract.
Appellant or petitioner
Stop and frisk
Consideration
Concluding paragraph
46. The transfer of a case from one state court to a federal court.
Removal
Substantial capacity test
Paralegal
Distinguishable cases
47. The process of finding the law.
Rule 56 motion (summary judgment motion)
Legal Research
Statutes of limitations
Road Map paragraph
48. A trial conducted without a jury.
Subject matter jurisdiction
Restrictive covenant
Bench trial
Joint tenancy
49. Land and objects permanently attached to land.
Easement
Registration
Real property
Diversity jurisdiction
50. A provision in a deed that prohibits specified uses of the property.
Mediation
Restrictive covenant
Reverse
Cause of action