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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 transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Subpoena duces tecum
Remand
Strict construction
Adverse possession
2. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Actual cause
Case citation
Statutes at large or session laws
Beyond a reasonable doubt
3. Law that regulates how the legal system operates.
Contributory negligence
Open Questions
Procedural law
Lay advocate
4. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Motion to require a finding of not guilty
Legal Reasoning
Arrest
Fruit of the poisonous tree doctrine
5. Including more than one count in a complaint; the counts do not need to be consistent.
Motion
Strict liability
Pleading in the alternative
Exculpatory clause
6. Court decisions from a higher court in the same jurisdiction.
Pretrial conference
Prima facie case
Mandatory authority
Concurring opinion
7. Law that deals with harm to society as a whole.
Criminal law
Motion to require a finding of not guilty
Certificated
Limited jurisdiction
8. The power of a court to force a person to appear before it.
Contributory negligence
Legislative history
Personal jurisdiction
Slip laws
9. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Intentional tort
Necessity
Arbitration
10. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Holding
Structured database
Interrogatories
11. The power of government to take private property for public purposes.
Standing
Eminent Domain
Reverse
Power of judicial review
12. A national association of paralegal managers.
Full-text database
International Paralegal Management Association (IPMA) www.paralegal management.org
Personal recognizance bond
Negligence per se
13. The pretrial oral questioning of a witness under oath.
Indictment
Deposition
Federalism
Limited liability partnership (LLP)
14. The party in a case against whom an appeal has been filed.
Tickler System
Appellee or respondent
Authentication
Syllabus
15. A national association of paralegal associations.
Code of Federal Regulations (C.F.R.)
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Questions of law
Case citation
16. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Writ of certiorari
Unofficial reporter
Overrule
Personal property
17. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Comparative negligence
International Paralegal Management Association (IPMA) www.paralegal management.org
Harmless error
Constructive eviction
18. The person who is being asked questions at a deposition.
Deponent
Duress
Court of record
Summary jury trials
19. The opinion of a jury on a question of fact.
Dissenting opinion
Bench trial
Judgment
Verdict
20. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Assault
Grand jury
Equity
Slip laws
21. Governmental publication of court opinions.
Official reporter
Fixed Fee
Affirmative defense
Diversity jurisdiction
22. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Practice of law
Reverse
Mediation
Regulation
23. A suspicion based on specific facts; less than probable cause.
Lay advocate
Arraignment
Reasonable suspicion
Negligence
24. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Persuasive authority
Implied warranty of habitability
Black-letter law
Federal question jurisdiction
25. A court order requiring a party to perform a specific act or to cease doing a specific act.
Mandatory authority
Assumption of the risk
Injunction
Statute of limitations
26. A trial conducted without a jury.
Harmless error
Removal
Bench trial
Stare decisis
27. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Real Property
Cumulative evidence
Damages
28. A requirement that a party fulfill his or her contractual obligations.
Unofficial reporter
Specific performance
Statutory element
Counterclaim
29. Voluntarily and knowingly subjecting oneself to danger.
Cross-examination
Legal writing
Assumption of the risk
Comparative negligence
30. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Deposition
Broad holding
Dictum
Authentication
31. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Personal recognizance bond
Civil law
Irresistible impulse test
Punitive damages
32. Land and objects permanently attached to land.
Real property
Insanity defense
Bench trial
Actual cause
33. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Summons
Appellate brief
Majority opinion
Official reporter
34. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Remedial statute
Jurisdiction
Writ of habeas corpus
Contributory negligence
35. 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.
Federalism
Model Rules of Professional Conduct
Real property
Procedural law
36. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Irresistible impulse test
Certified
Lay witness
Recidivist
37. A provision that purports to waive liability.
Irresistible impulse test
Exculpatory clause
Subpoena duces tecum
Leading questions
38. To perform.
Comparative negligence
Warrant
Personal property
Execute
39. A witness who has not been shown to have any special expertise.
Complaint
Suspension
Lay witness
Transition
40. A method for excusing a prospective juror; no reason need be given.
Transition
Judgment notwithstanding the verdict (judgment N.O.V.)
Negligence
Peremptory challenge
41. The reference to a particular page within an opinion.
Pinpoint cite
Internet
Hypertext links
Broad holding
42. The justified use of force to protect oneself or others.
Intellectual Property
Proving a case within a case
Self-defense
Entrapment
43. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Overrule
Assumption
Pocket part
Stare decisis
44. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Case citation
Code
Full-text database
45. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Reversible error
Digest
Indictment
46. 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.
Negligence
Fixed Fee
Implied warranty of habitability
Exclusionary rule
47. Simultaneously representing adverse clients.
Ethical wall or screen or cone of silence
Real property
Concurrent conflict of interest
Expert witness
48. A document that lists statements regarding specific items for the other party to admit or deny.
Real Property
Respondeat superior
Fact
Request for admissions
49. A token sum awarded when liability has been found but monetary damages cannot be shown.
Strict liability
Nominal damages
Appellate or petitioner
Hearsay
50. A canon of construction meaning 'of the same class.:
Tort law
Booking
Ejusdem generis
Suspension