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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 defendant's personal promise to appear in court.
Certified
Arraignment
Direct evidence
Personal recognizance bond
2. Voluntarily and knowingly subjecting oneself to danger.
Limited jurisdiction
Assumption of the risk
Statute
Retainer agreement
3. An opinion that disagrees with the majority's decision and reasoning.
Corroborative evidence
Punitive damages
Dissenting opinion
Affirm
4. A request made to the court.
Motion
Tenancy by the entirety
Product misuse
U.S. district courts
5. All property that is not real property.
Personal property
Indictment
Hourly rate
Assault
6. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Rule
American Bar Association (ABA) www.abanet.org
Quiet enjoyment
Closed Questions
7. The failure to act reasonably under the circumstances.
Power of judicial review
Eminent Domain
Negligence
Affirm
8. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Holding
Reverse
Case citation
Entrapment
9. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Invasion of Privacy
Lay advocate
Appellee or respondent
Legislative intent
10. The party in a case who has initiated an appeal.
Affirmative defense
Duress
Assumption of the risk
Appellate or petitioner
11. A form in which statutes are published; they are printed individually at the time they are first enacted.
Negligence
Slip laws
Voir dire
Westlaw
12. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Confidentiality
Remedial statute
Punitive damages
13. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Actus rea
Intentional tort
Evidence
Summary jury trials
14. An approach whereby the courts give a statute a narrow interpretation.
Disbarment
Answer
Punitive damages
Strict construction
15. Cases that involve similar facts and rules of law.
Analogous cases
Clear and convincing
Holding
Materiality
16. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Appellee or respondent
Harmless error
Caption
17. The status of having received a certificate documenting that the person has successfully completed an educational program.
Hourly rate
Third-party claim
Miranda warnings
Certificated
18. An opinion in which a majority of the court joins.
Arrest
Limited liability partnership (LLP)
Judgment
Majority opinion
19. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Ejusdem generis
Easement
Certificated
Registration
20. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Negligence per se
Preponderance of the evidence
Issue
21. Questions relating to the interpretation or application of the law.
Beyond a reasonable doubt
Questions of law
Constitutional law
Testimonial evidence
22. A set charge for a specific service - such as drafting a simple will.
Recklessness
Fixed Fee
Plaintiff
Vicarious representation
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.
Plea bargaining
Affirm
Exculpatory clause
Real property
24. A summary of a court opinion that appears at the beginning of the case.
Agent
Limited liability partnership (LLP)
Appellant or petitioner
Syllabus
25. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Lay witness
Subject matter jurisdiction
En banc
Plea bargaining
26. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Interrogatories
Restrictive covenant
Derogation of the common law
Actual cause
27. Federal and state rules that regulate how criminal proceedings are conducted.
Products liability
Code
Tenancy by the entirety
Rules of criminal procedure
28. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Bill of Rights
Exigent circumstances
Remand
Issue
29. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Mistrial
Directed verdict
Exculpatory clause
Default judgment
30. A statement in a judicial opinion not necessary for the decision of the case.
Dictum
Tort law
Concurrent conflict of interest
Treatment
31. When only one court has the power to hear a case.
Holding
Plain view doctrine
Dismissal with prejudice
Exclusive jurisdiction
32. A determination that an attorney may not practice law for a set period of time.
Suspension
U.S. district courts
Necessity
Clearly erroneous
33. 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
Case citation
Quiet enjoyment
Evidence
34. A worldwide network of computer networks.
Internet
Legislative intent
Citation
Annotated statutes
35. Used to describe legislation that changes the common law.
Case reporters
Derogation of the common law
Reverse
Best evidence rule
36. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Inculpatory evidence
Legislative intent
Agent
Substantial capacity test
37. The judge informs the jurors of the law they need to know to make their decision.
Direct examination
Charging the jury
Actual cause
Nominal damages
38. Establishes a direct link to the event that must be proven.
Writ of habeas corpus
Direct evidence
Dismissal with prejudice
Stare decisis
39. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Attorney-client privilege
Personal recognizance bond
Challenge for cause
Personal property
40. A defense whereby the defendant offers new evidence to avoid judgment.
Minor premise
Affirmative defense
Hearsay
Beyond a reasonable doubt
41. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Preponderance of the evidence
Potential conflict
Certified
42. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Pleadings
Subsequent case history
Third-party claim
43. A law promulgated by an administrative agency.
Subpoena
Reversible error
Regulation
Writ of habeas corpus
44. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Judgment
Equity
Reversible error
45. Without the need for a warrant - the police may seize objects that are openly visible.
Pleading in the alternative
Reasonable suspicion
Minor premise
Plain view doctrine
46. 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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47. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
False imprisonment
Stop and frisk
Prima facie case
Exclusionary rule
48. When an appellate court overturns or negates the decision of a lower court.
Appellant or petitioner
Verdict
Execute
Reverse
49. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Notice pleading
Partnership
Lay witness
Questions of fact
50. The transfer of a case from one state court to a federal court.
Complaint
Clearly erroneous
Legal Research
Removal
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