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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 decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Procedural facts
Overrule
Dismissal with prejudice
Pinpoint cite
2. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Legislative history
U.S. district courts
Hearsay
Invasion of Privacy
3. A claim by the defendant against the plaintiff.
Full-text database
Grand jury
Counterclaim
Appellate or petitioner
4. The failure to act reasonably under the circumstances.
Specific performance
Legal writing
Negligence
Direct evidence
5. 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.
Constructive
Search engine
Court of record
Legal clinic
6. A bank account used to hold money belonging to the client or to a third party.
Retainer agreement
Assumption of the risk
Westlaw
Client trust account
7. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Procedural law
Deductive reasoning
Preemption
Motion in limine
8. 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.
Legal Reasoning
Unofficial reporter
Strict construction
Standing
9. Generally accepted legal principles.
Black-letter law
Pocket part
Lay a foundation
Count
10. Cases that involve similar facts and rules of law.
Analogous cases
Model Rules of Professional Conduct
Insanity defense
Syllabus
11. 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
Implied warranty of habitability
Fixed Fee
Freelance Paralegal
12. A request that the court prohibit the use of certain evidence at the trial.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Answer
Motion to suppress
Implied warranty of habitability
13. 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.
Directed verdict
Battery
Restatement of the Law of Torts - Second
Retreat exception
14. All property that is not real property.
Evidence
Issue
Jurisdiction
Personal property
15. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Property law
Pocket part
Products liability
Cumulative evidence
16. A person who initiates an appeal.
Rules of evidence
Remand
Appellant or petitioner
Headnote
17. A statute that changes the common law.
Substantial capacity test
Motion for a new trial
Statute in derogation of the common law
Rules of criminal procedure
18. A right to use property owned by another for a limited purpose.
Proximate cause
Easement
Clearly erroneous
Duress
19. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Reverse
Bail
American Bar Association (ABA) www.abanet.org
Necessity
20. A special type of joint tenancy applicable only to married couples.
Contingency Fee
Tenancy by the entirety
U.S. Court of Appeals
Strict liability
21. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Harmless error
Concluding paragraph
Loislaw
Substantial capacity test
22. When an appellate court overturns or negates the decision of a lower court.
Fact
Reverse
National Association of Legal Assistants (NALA) www.nala.org
Subject matter jurisdiction
23. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Appellate brief
Treatment
Damages
Judicial notice
24. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Clearly erroneous
Removal
Plain meaning
Statutes at large or session laws
25. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Dismissal with prejudice
Assault
Reprimand or censure
Judgment
26. Being informed of some act done or about to be done.
Procedural facts
Contingency Fee
Notice
Restatement of the Law of Torts - Second
27. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Fruit of the poisonous tree doctrine
Disbarment
Legislative history
28. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Notice
Statutes of limitations
Count
29. 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.
Judgment proof
Exculpatory clause
Pretrial conference
Legislative history
30. Cases that involve different facts and/or rules of law.
Distinguishable cases
Cumulative evidence
Constructive
Class action suit
31. Simultaneously representing adverse clients.
Proving a case within a case
Majority opinion
Official reporter
Concurrent conflict of interest
32. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Direct examination
Issue of first impression
Personal jurisdiction
33. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Preemption
Appellate brief
Certified
Pleading in the alternative
34. A separable part of a statute that must be satisfied for the statute to apply.
Leading questions
Statutory element
Notice pleading
Mistrial
35. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Warrant
Lay advocate
Legal services offices
Freelance Paralegal
36. A pamphlet inserted into the back of a book containing information new since the volume was published.
Criminal law
Pocket part
Documentary evidence
Fixed Fee
37. 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.
Competency
Plain meaning
Popular name table
Plea bargaining
38. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Concurrent conflict of interest
Joint tenancy
Hypertext links
Affirm
39. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Documentary evidence
Negligence per se
Dismissal with prejudice
Full-text searches
40. Evidence that is derived from an illegal search or interrogation is inadmissible.
Assumption
Compensatory damages
Fruit of the poisonous tree doctrine
Restatement of the Law of Torts - Second
41. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Headnote
Implied warranty of habitability
Recklessness
42. 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.
Persuasive authority
Assumption of the risk
Digest
Actual cause
43. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Procedural facts
Pleading in the alternative
Code of Federal Regulations (C.F.R.)
Black-letter law
44. A calendering system that records key dates and important deadlines.
Preponderance of the evidence
Power of judicial review
Entrapment
Tickler System
45. 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
Jurisdiction
Quiet enjoyment
Assumption of the risk
46. An actual incident or condition; not a legal consequence.
Warrant
Fact
Insanity defense
Affirm
47. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Answer
Booking
Popular name table
48. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Successive conflict of interest
Jurisdiction
Negligence per se
49. A law enacted by a state legislature or by Congress.
Certificated
Statute
Canons of construction
Agent
50. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Writ of certiorari
Civil law
Concurrent conflict of interest
Reverse