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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. A suspicion based on specific facts; less than probable cause.
Legal malpractice
Execute
Reasonable suspicion
Pinpoint cite
2. Monetary compensation - including compensatory - punitive - and nominal damages.
Cumulative evidence
Lay witness
Damages
Respondeat superior
3. 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.
Subsequent case history
Reverse
Motion to suppress
Minor premise
4. General principles that guide the courts in their interpretation of statutes.
Affirm
Contingency fee
Canons of construction
Documentary evidence
5. Voluntarily and knowingly subjecting oneself to danger.
Retainer
Questions of law
Assumption of the risk
Exculpatory clause
6. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Assumption of the risk
Concurrent jurisdiction
Bailment
Respondeat superior
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.
Contingency fee
Stare decisis
Affirm
Strict liability
8. Books that contain appellate court decisions. There are both official and unofficial reporters.
Questions of law
Leading question
Summons
Case reporters
9. A statement in a judicial opinion not necessary for the decision of the case.
Judgment proof
Notice pleading
Cross-examination
Dictum
10. When an appellate court overturns or negates the decision of a lower court.
Exclusionary rule
Reverse
Unofficial reporter
Fixed Fee
11. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Pretrial motion
Strict liability
Cause of action
Unofficial reporter
12. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Motion
Separation of powers
Holding
13. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Substantive facts
False imprisonment
Legal technician
14. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Treatment
Count
Loislaw
Issue
15. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Disbarment
Loislaw
Nolo contendere
Arrest
16. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Exclusive jurisdiction
Hourly rate
Void for vagueness
17. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Dissenting opinion
Relevancy
Federal question jurisdiction
Headnote
18. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Products liability
Enabling act
Answer
Void for vagueness
19. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Punitive damages
Lay advocate
Guardian
Removal
20. 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.
Deponent
Pretrial motion
Canons of construction
Legal fiction
21. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Reverse
Real or physical evidence
Evidence
22. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Practice of law
Derogation of the common law
Retreat exception
Holding
23. The court's power to review statutes to decide whether they conform to the Constitution.
Nolo contendere
Procedural facts
Holding
Judicial review
24. A public or private statement that an attorney's conduct violated the code of ethics.
Landmark decision
Reprimand or censure
Mediation
Unofficial reporter
25. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Fixed Fee
Original jurisdiction
Successive conflict of interest
26. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Cause of action
Federalism
Power of judicial review
Clearly erroneous
27. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Summons
Harmless error
Damages
Constitutional law
28. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Booking
Overbreadth
Reversible error
Lay a foundation
29. An approach whereby the courts give a statute a narrow interpretation.
Preemption
Certified
Reverse
Strict construction
30. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Strict liability
Holding
Writ of execution
31. A set of standardized jury instructions.
Complaint
Pattern jury instructions
Open Questions
Hypertext links
32. The pleading that begins a lawsuit.
Legal malpractice
Dissenting opinion
Complaint
Practice of law
33. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Competency
Res ipsa loquitur
Derogation of the common law
Statute in derogation of the common law
34. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Defendant
Contributory negligence
Practice of law
Issue
35. A tort committed by one who intends to do the act that creates the harm.
Complaint
Intentional tort
Federalism
Annotated statutes
36. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Subpoena duces tecum
Punitive damages
Writ of certiorari
per curium
37. A statute that changes the common law.
Statute in derogation of the common law
Search engine
Overbreadth
Codification
38. The failure to act reasonably under the circumstances.
Jurisdiction
Recidivist
Negligence
Contributory negligence
39. A constitutional protection against being tried twice for the same crime.
Issue
Exclusive jurisdiction
Canons of construction
Double jeopardy
40. Any tangible object - like a bloody glove.
Doctrine of implied powers
Real or physical evidence
Assumption of the risk
Ejusdem generis
41. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Appellate brief
Federalism
Statute
Case reporters
42. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Affirmative defense
Popular name table
Irresistible impulse test
Verification
43. Land and objects permanently attached to land.
Res ipsa loquitur
Discovery
Substantive facts
Real property
44. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Strict liability
Doctrine of implied powers
Substantive facts
Writ of certiorari
45. The new legal principle established by a court opinion.
Retreat exception
Issue of first impression
Certified
Holding
46. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Expert witness
Lay advocate
Pleadings
Valid
47. 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.
Real Property
Punitive damages
Deponent
Major premise
48. Proof that the evidence is what it is said to be.
Authentication
U.S. Court of Appeals
Battery
Constitutional law
49. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Annotated statutes
Intellectual Property
Shepardizing
Code of Federal Regulations (C.F.R.)
50. A provision that purports to waive liability.
Valid
Exculpatory clause
Beyond a reasonable doubt
Overrule