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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. The result reached in a particular case.
Persuasive authority
Substantial capacity test
Personal property
Disposition
2. The revocation of an attorney's license.
Disbarment
Writ of certiorari
Tickler System
Pleading in the alternative
3. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Competency
Testimonial evidence
Agent
Original jurisdiction
4. A witness who has not been shown to have any special expertise.
Removal
Exclusionary rule
Judicial notice
Lay witness
5. A calendering system that records key dates and important deadlines.
Writ of habeas corpus
Restatement of the Law of Torts - Second
Tickler System
Third-party claim
6. 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.
Pleading in the alternative
Reverse
Legislative intent
Restatement of the Law of Torts - Second
7. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Motion to suppress
Treatment
Contributory negligence
Request for admissions
8. 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.
Appellant or petitioner
Legislative history
Arbitration
Laws
9. Information that can be presented in a court of law as proof of some fact.
Indictment
Disbarment
Materiality
Evidence
10. The process of legislative enactment of areas of the law previously governed solely by the common law.
Open Questions
Search engine
Codification of the common law
Treatment
11. A case listed in Shepard's that cites your case.
Recidivist
Unofficial reporter
Corroborative evidence
Citing case
12. 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.
Slip laws
Bailment
Federalism
Rules of evidence
13. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Injunction
Constructive eviction
Retreat exception
Diversity jurisdiction
14. In a case brief - the general legal principle in existence before the case began.
Rule
Summons
Enabling act
Recklessness
15. Questions relating to what happened: who - what - when - where - and how.
Restrictive covenant
Respondeat superior
Questions of fact
Headnote
16. Law that creates rights and duties.
Substantive law
Primary authority
Constructive
Indictment
17. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Comparative negligence
Federalism
Compulsory joinder
Direct examination
18. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Statute in derogation of the common law
12(b)(6) motion
Best evidence rule
U.S. district courts
19. A fee calculated as a percentage of the settlement or award in the case.
Issue
Contingency Fee
Statutes at large or session laws
Disbarment
20. The general jurisdiction trial courts in the federal system.
Plaintiff
On point
Motion for a new trial
U.S. district courts
21. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Affirmative defense
Lexis
Case reporters
Stop and frisk
22. 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.
Reprimand or censure
Motion
Prior case history
Entrapment
23. Cases that involve similar facts and rules of law.
Insanity defense
Probable cause
Analogous cases
Appellate or petitioner
24. A court order requiring a party to perform a specific act or to cease doing a specific act.
Injunction
Notice pleading
Execute
Contract
25. The educated ability to apply law to specific facts.
Exclusionary rule
U.S. Supreme Court
Complaint
Professional judgment
26. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Proximate cause
Constructive eviction
Cause of action
Caption
27. The power of the federal courts to hear matters of federal law.
Suspension
Federal question jurisdiction
Jurisdiction
Appellate brief
28. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Concurrent jurisdiction
Arrest
Actus rea
Legal fiction
29. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Harmless error
Criminal law
Bailment
30. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Legal malpractice
Challenge for cause
Professional Corporation (PC)
Judicial notice
31. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Ethical wall or screen or cone of silence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Stare decisis
Mediation
32. 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.
Motion to require a finding of not guilty
Clear and convincing
Comparative negligence
Plain meaning
33. 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
Constitutional law
Necessity
Headnote
34. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
per curium
Concluding paragraph
Laws
Narrow Holding
35. The failure to act reasonably under the circumstances.
Landmark decision
Negligence
Issue
Road Map paragraph
36. A computerized database that contains key information about the content of documents - such as medical records.
Ethical wall or screen or cone of silence
Class action suit
Structured database
Dictum
37. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Best evidence rule
Contract
Concurring opinion
38. Cases that involve different facts and/or rules of law.
Compulsory joinder
Distinguishable cases
Statute
Verdict
39. Information about the law - such as that contained in encyclopedias and law review articles.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Standing
Caption
Secondary authority
40. 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
Equity
Bill of Rights
Minor premise
Proving a case within a case
41. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Statute
Nolo contendere
Charging the jury
per curium
42. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Paralegal
Insanity defense
Reverse
Eminent Domain
43. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Retainer
Overrule
Irresistible impulse test
44. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Motion in limine
Contingency Fee
Punitive damages
Annotated statutes
45. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Mens rea
Questions of fact
False imprisonment
Judgment notwithstanding the verdict (judgment N.O.V.)
46. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Clearly erroneous
Indictment
Verification
Personal property
47. An opinion that agrees with the majority's result but disagrees with its reasoning.
Billable hours
Official reporter
Plea bargaining
Concurring opinion
48. A provision in a deed that prohibits specified uses of the property.
Full-text searches
Legal Research
Defendant
Restrictive covenant
49. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Punitive damages
Search engine
Popular name table
50. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Doctrine of implied powers
Restatement of the Law of Torts - Second
Confidentiality
Overrule