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Test your basic knowledge |
Paralegal 101
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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 judicial philosophy that supports an active role for the judiciary in changing the law.
Specific performance
Broad holding
Judicial activism
Actual cause
2. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Court of record
Clear and convincing
Recklessness
Issue
3. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Prior case history
Nominal damages
Full-text database
Reversible error
4. Federal and state rules that govern the admissibility of evidence in court.
Recklessness
Rules of evidence
Major premise
Dictum
5. 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.
Bench trial
Cause of action
Punitive damages
Booking
6. 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.
Pleadings
Fixed Fee
Federalism
Intentional tort
7. 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.
Evidence
Property
Stop and frisk
Pleading in the alternative
8. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Expert witness
Retreat exception
Personal recognizance bond
per curium
9. 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.
Caption
Real Property
Double jeopardy
Mediation
10. When an appellate court overturns or negates the decision of a lower court.
Remand
Client trust account
Reverse
Tort law
11. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Guardian
Codification of the common law
Entrapment
Subpoena
12. A provision in a deed that prohibits specified uses of the property.
Case reporters
Restrictive covenant
Rules of criminal procedure
Appellee or respondent
13. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Constructive
Court of record
Subpoena duces tecum
Codification of the common law
14. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Black-letter law
Subpoena duces tecum
Citation
Void for vagueness
15. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Successive conflict of interest
Contingency Fee
Majority opinion
Model Rules of Professional Conduct
16. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Legal services offices
Statute
Transition
Open Questions
17. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Joint tenancy
Comparative negligence
Judicial review
Recklessness
18. The rule requiring that the original document be produced at trial.
Statute in derogation of the common law
Concurring opinion
Best evidence rule
Peremptory challenge
19. The modern pretrial procedure by which one party gains information from the adverse party.
Statutes at large or session laws
Affirmative defense
Discovery
Criminal law
20. Law that deals with harm to society as a whole.
Exigent circumstances
Judicial restraint
Hypertext links
Criminal law
21. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Lay witness
Clear and convincing
Potential conflict
22. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Intentional tort
Arbitration
Subject matter jurisdiction
23. A set charge for a specific service - such as drafting a simple will.
Bailment
Fixed Fee
Judicial review
Writ of habeas corpus
24. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Substantive law
per curium
Stop and frisk
25. A token sum awarded when liability has been found but monetary damages cannot be shown.
Indictment
Nominal damages
Direct examination
Concurring opinion
26. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Popular name table
Dictum
Remand
27. A book that contains court opinion headnotes arranged by subject matter.
Court of record
Digest
Remand
Stare decisis
28. The intermediate appellate courts in the federal system.
Adverse possession
Consideration
Motion in limine
U.S. Court of Appeals
29. 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.
Minor premise
Ejusdem generis
Battered woman's or spouse's syndrome
Real or physical evidence
30. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Legal clinic
Power of judicial review
Personal recognizance bond
Assumption of the risk
31. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Statutes at large or session laws
Registration
Legal services offices
Legal Research
32. The process of legislative enactment of areas of the law previously governed solely by the common law.
Issue
Charging the jury
Codification of the common law
Bill of Rights
33. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Motion
Regulation
Hearsay
Double jeopardy
34. Establishes a direct link to the event that must be proven.
Reversible error
Motion for a new trial
Direct evidence
Tenancy by the entirety
35. 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.
Statute of limitations
Derogation of the common law
Popular name table
Product misuse
36. The requirement that relief be sought from an administrative agency before proceeding to court.
Concurring opinion
Diversity jurisdiction
Testimonial evidence
Exhaustion of administrative remedies
37. The power of the federal courts to hear matters of federal law.
Cross-claim
Federal question jurisdiction
Liberal construction
Recklessness
38. Law that creates rights and duties.
Statutes of limitations
Exigent circumstances
Substantive law
Dissenting opinion
39. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Legal fiction
Appellant or petitioner
Mistrial
Class action suit
40. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Holding
Overrule
Plea bargaining
41. A law promulgated by an administrative agency.
On point
Direct evidence
Regulation
Entrapment
42. Generally accepted legal principles.
Reprimand or censure
Black-letter law
Headnote
Reasonable suspicion
43. A provision that purports to waive liability.
Appellate courts
Strict construction
Statutes of limitations
Exculpatory clause
44. A warrant that allows the police to enter without announcing their presence in advance.
Legal Research
Case reporters
Doctrine of implied powers
No-knock warrant
45. 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.
Statutes of limitations
International Paralegal Management Association (IPMA) www.paralegal management.org
Laws
No-knock warrant
46. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Popular name table
Leading question
Annotated statutes
Beyond a reasonable doubt
47. A term used to describe a case that is similar to another case.
Fruit of the poisonous tree doctrine
On point
Codification
Limited jurisdiction
48. The questioning of an opposing witness.
Minor premise
Beyond a reasonable doubt
Cross-examination
Exculpatory clause
49. 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
Limited jurisdiction
Restatement of the Law of Torts - Second
Miranda warnings
50. The pleading that begins a lawsuit.
Complaint
Voir dire
Assumption of the risk
Bill of Rights
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