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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. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Discovery
Power of judicial review
Restatement of the Law of Torts - Second
U.S. district courts
2. 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
Regulation
Appellate courts
Proving a case within a case
3. A person who permits or directs another person to act on the principal's behalf.
Nolo contendere
Principle
Judicial restraint
Certified
4. A person who initiates an appeal.
Appellant or petitioner
Plea bargaining
Arraignment
Rules of evidence
5. Evidence that suggests the defendant's innocence.
Interrogatories
Diversity jurisdiction
Exculpatory evidence
Inculpatory evidence
6. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Lexis
Inculpatory evidence
Rule
Caption
7. A worldwide network of computer networks.
Direct examination
Property
Internet
Legislative intent
8. 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.
Evidence
Voir dire
Circumstantial evidence
Digest
9. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Exclusionary rule
Separation of powers
Subpoena duces tecum
Contingency fee
10. Voluntarily and knowingly subjecting oneself to danger.
Comparative negligence
Assumption of the risk
Legal fiction
Proving a case within a case
11. A separable part of a statute that must be satisfied for the statute to apply.
Codification of the common law
Judicial restraint
Statutory element
Constructive
12. Questions relating to the interpretation or application of the law.
Strict liability
Deponent
Pretrial motion
Questions of law
13. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Peremptory challenge
Products liability
Voir dire
Mandatory authority
14. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
U.S. Supreme Court
Count
Judgment proof
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.
Minimum contacts
Guardian
Fact
Products liability
16. 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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17. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Judgment
Compulsory joinder
Pleadings
Subsequent case history
18. A right to use property owned by another for a limited purpose.
Competency
Legal malpractice
Easement
Appellate brief
19. Not factually true - but accepted by the courts as being legally true.
Full-text database
Judgment notwithstanding the verdict (judgment N.O.V.)
Legal fiction
Constructive
20. When the defendant does not have sufficient money or other assets to pay the judgment.
Tort law
Code
M'Naghten test
Judgment proof
21. The failure to act reasonably under the circumstances.
Assumption of the risk
Negligence
Preemption
Hourly rate
22. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Certified
Federalism
Leading questions
23. The power of a court to hear a case.
Road Map paragraph
Jurisdiction
Principle
Internet
24. Establishes a direct link to the event that must be proven.
Power of judicial review
Direct evidence
Execute
Judicial restraint
25. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Court of record
Clearly erroneous
Necessity
Case citation
26. A law enacted by a state legislature or by Congress.
Clear and convincing
Concurrent conflict of interest
Statute
Judicial review
27. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Duress
Rule 56 motion (summary judgment motion)
Standing
Real or physical evidence
28. Questions that suggest the answer.
Leading questions
Caption
Judicial activism
Documentary evidence
29. The process of legislative enactment of areas of the law previously governed solely by the common law.
U.S. Supreme Court
En banc
Statute in derogation of the common law
Codification of the common law
30. An actual incident or condition; not a legal consequence.
Legal malpractice
Fact
Concurring opinion
Statute of limitations
31. 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.
Affirmative defense
Removal
Prior case history
Issue of first impression
32. Used to describe legislation that changes the common law.
Distinguishable cases
Subject matter jurisdiction
Adverse possession
Derogation of the common law
33. The justified use of force to protect oneself or others.
Defamation
Self-defense
Count
Substantive law
34. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
On point
Annotated statutes
Slip laws
Legal malpractice
35. Cases that involve similar facts and rules of law.
Analogous cases
Professional judgment
Prior case history
Res ipsa loquitur
36. 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.
Retainer
Probable cause
Implied warranty of habitability
Peremptory challenge
37. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Real Property
Citation
Circumstantial evidence
Case citation
38. A special type of joint tenancy applicable only to married couples.
Reasonable suspicion
Tenancy by the entirety
Paralegal
Evidence
39. Liability without a showing of fault.
Reverse
Assumption of the risk
Strict construction
Strict liability
40. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
Intellectual Property
Equity
Pinpoint cite
41. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Prima facie case
Preemption
Contract
Legal writing
42. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Motion to require a finding of not guilty
Digest
Verification
Official reporter
43. Being informed of some act done or about to be done.
Legal technician
Notice
Injunction
Guardian
44. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Citation
Rule
Limited liability partnership (LLP)
Personal jurisdiction
45. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Service
Class action suit
Code
Unauthorized practice of law
46. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Criminal law
Nolo contendere
Preemption
47. 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.
Competency
Harmless error
Plain meaning
Eminent Domain
48. Disregarding a substantial and unjustifiable risk that harm will result.
International Paralegal Management Association (IPMA) www.paralegal management.org
Property
Stop and frisk
Recklessness
49. The reference to a particular page within an opinion.
Tort law
Plaintiff
Pinpoint cite
Internet
50. In logic - a belief that justifies one in arguing a conclusion.
Testimonial evidence
Affirmative defense
Reversible error
Assumption