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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. When an appellate court that normally sits in panels sits as a whole.
En banc
Nolo contendere
Subsequent case history
Clearly erroneous
2. An opinion that disagrees with the majority's decision and reasoning.
Retainer
Deposition
Constructive eviction
Dissenting opinion
3. All property that is not real property.
Personal property
Restrictive covenant
Property
Pleadings
4. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Codification of the common law
Duress
Procedural facts
Evidence
5. A repeat offender; one who continues to commit more crimes.
Treatment
Recidivist
Expert witness
Personal property
6. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Appellate courts
Search engine
Contributory negligence
Subject matter jurisdiction
7. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Case citation
On all fours
Civil law
Contingency fee
8. A book that contains court opinion headnotes arranged by subject matter.
Exigent circumstances
Mistrial
Negligence per se
Digest
9. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Injunction
Minor premise
Concluding paragraph
Corroborative evidence
10. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Statute in derogation of the common law
Testimonial evidence
Transition
Strict liability
11. A claim by the defendant against the plaintiff.
Laws
Assumption of the risk
Joint tenancy
Counterclaim
12. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Confidentiality
Class action suit
Constructive eviction
Attorney-client privilege
13. Including more than one count in a complaint; the counts do not need to be consistent.
Plain meaning
Slip laws
Affirmative defense
Pleading in the alternative
14. A trial conducted without a jury.
Compensatory damages
Bench trial
Contract
Judicial review
15. 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.
Canons of construction
Guardian
Model Rules of Professional Conduct
Dissenting opinion
16. Liability without a showing of fault.
Strict liability
Beyond a reasonable doubt
Concurring opinion
Recidivist
17. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Regulation
M'Naghten test
Subpoena duces tecum
Substantial capacity test
18. Bad act.
Judgment notwithstanding the verdict (judgment N.O.V.)
Actus rea
Authentication
Entrapment
19. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Plea bargaining
Concurrent jurisdiction
Intellectual Property
Notice
20. Courts that determine whether lower courts have made errors of law.
Competency
Code
Personal recognizance bond
Appellate courts
21. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Relevancy
Paralegal
Statutes at large or session laws
22. Without the need for a warrant - the police may seize objects that are openly visible.
Stare decisis
Statutes of limitations
Plain view doctrine
Deductive reasoning
23. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Assumption
Affirm
Pinpoint cite
Materiality
24. Law dealing with ownership.
Deponent
Laws
Property law
Restrictive covenant
25. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Comparative negligence
Dissenting opinion
Proving a case within a case
Principle
26. The power of government to take private property for public purposes.
Liberal construction
Full-text database
Regulation
Eminent Domain
27. The questioning of your own witness.
Remand
Eminent Domain
Direct examination
Damages
28. A court's power to hear any type of case arising within its geographical area.
Products liability
Remedial statute
Plea bargaining
General jurisdiction
29. In logic - a belief that justifies one in arguing a conclusion.
Model Rules of Professional Conduct
Appellate courts
Answer
Assumption
30. Information that can be presented in a court of law as proof of some fact.
Motion to suppress
Disposition
Relevancy
Evidence
31. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Cross-claim
Power of judicial review
Ejusdem generis
Direct evidence
32. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Subsequent case history
Original jurisdiction
Mistrial
Federalism
33. Cases that involve similar facts and rules of law.
Open Questions
Analogous cases
Affirmative defense
Equity
34. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Dissenting opinion
Shepardizing
Exclusionary rule
35. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Agent
Corroborative evidence
Voir dire
Treatment
36. A business run by two or more persons as co-owners.
Plain view doctrine
Defendant
Relevancy
Partnership
37. A worldwide network of computer networks.
Court of record
Materiality
Internet
Subsequent case history
38. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Quiet enjoyment
Citation
Reverse
39. The person who is being asked questions at a deposition.
Irresistible impulse test
Majority opinion
Deponent
Lay witness
40. The reference to a particular page within an opinion.
Code of Federal Regulations (C.F.R.)
Beyond a reasonable doubt
Preemption
Pinpoint cite
41. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Intellectual Property
Battered woman's or spouse's syndrome
Consideration
42. Representing someone who is in a position adverse to a prior client.
Court of record
Successive conflict of interest
Directed verdict
Digest
43. Consists of records - contracts - leases - wills - and other written instruments.
Writ of execution
Arbitration
Documentary evidence
Affirmative defense
44. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Peremptory challenge
Conflict of interest
Attorney-client privilege
Real or physical evidence
45. A tort committed by one who intends to do the act that creates the harm.
Proximate cause
Products liability
Intentional tort
Preemption
46. A summary of a court opinion that appears at the beginning of the case.
Injunction
Tenancy by the entirety
per curium
Syllabus
47. The process of legislative enactment of areas of the law previously governed solely by the common law.
Holding
Citing case
Codification of the common law
Quiet enjoyment
48. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Assault
American Association for Paralegal Education (AAfPE) www.aafpe.org
Case reporters
49. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Clearly erroneous
Verification
Judgment
50. 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.
Defendant
Motion to require a finding of not guilty
Indictment
Full-text database