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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 person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Practice of law
Subpoena duces tecum
Contingency fee
Guardian
2. Broad questions that put few limits on the freedom of the respondent.
Expert witness
Reversible error
Open Questions
Trial courts
3. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Service
Separation of powers
Black-letter law
4. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Constructive eviction
Subpoena
Respondeat superior
Motion for a new trial
5. A canon of construction meaning 'of the same class.:
Disposition
Constructive eviction
Holding
Ejusdem generis
6. When more than one court has jurisdiction to hear a case.
Assault
Concurrent jurisdiction
Peremptory challenge
Reasonable suspicion
7. A defense requiring proof that the defendant was not mentally responsible.
Discovery
Insanity defense
Constructive eviction
Notice pleading
8. A term used to describe a case that is similar to another case.
On point
Motion to require a finding of not guilty
Respondeat superior
Dissenting opinion
9. The power of a court to force a person to appear before it.
Issue
Tenancy by the entirety
Narrow Holding
Personal jurisdiction
10. 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.
Nominal damages
Grand jury
Prima facie case
Necessity
11. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Strict liability
Voir dire
Bailment
Judicial notice
12. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Partnership
Narrow Holding
Exclusionary rule
Bailment
13. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Subpoena
Nolo contendere
Derogation of the common law
14. The rule requiring that the original document be produced at trial.
Clearly erroneous
Statute
Retainer
Best evidence rule
15. A request made to the court.
Legal clinic
Statutes at large or session laws
Motion
Assumption
16. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Limited jurisdiction
Full-text searches
Slip laws
Judicial notice
17. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
Remedial statute
Proving a case within a case
Dissenting opinion
18. A national association of paralegal associations.
Retreat exception
Rules of evidence
Appellate courts
National Federation of Paralegal Associations (NFPA) www.paralegals.org
19. 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.
Trial courts
Official reporter
Statute of limitations
Necessity
20. 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
Tickler System
Treatment
Principle
21. A computerized database that contains key information about the content of documents - such as medical records.
Entrapment
Structured database
Concurrent jurisdiction
Issue
22. The reference to a particular page within an opinion.
Valid
Arrest
Invasion of Privacy
Pinpoint cite
23. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Trial courts
Alternative dispute resolution (ADR)
Limited jurisdiction
Legislative intent
24. An opinion that agrees with the majority's result but disagrees with its reasoning.
Westlaw
On point
Concurring opinion
Negligence per se
25. A worldwide network of computer networks.
General jurisdiction
Adverse possession
Transition
Internet
26. A trial conducted without a jury.
Bench trial
Codification
Challenge for cause
Contract
27. 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.
Liberal construction
Minor premise
12(b)(6) motion
Prior case history
28. The party in a lawsuit against whom an appeal has been filed.
Legal clinic
Appellee or respondent
Syllabus
Nolo contendere
29. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Insanity defense
Headnote
Legal clinic
Potential conflict
30. Rules and regulations created by administrative agencies.
Harmless error
Miranda warnings
Open Questions
Administrative law
31. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Peremptory challenge
Limited liability partnership (LLP)
Nolo contendere
Harmless error
32. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Concurring opinion
Case citation
Code
Concurring opinion
33. An approach whereby the courts give a statute a broad interpretation.
Res ipsa loquitur
Liberal construction
Damages
Fact
34. A computerized database that contains the full text of documents - such as court opinions or depositions.
Appellant or petitioner
Full-text database
Eminent Domain
Judicial review
35. Evidence that suggests the defendant's guilt.
Restrictive covenant
Intellectual Property
Affirm
Inculpatory evidence
36. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Full-text searches
Subpoena
Valid
37. The status of having received a certificate documenting that the person has successfully completed an educational program.
Competency
Liberal construction
Direct evidence
Certificated
38. A person who initiates an appeal.
Product misuse
Model Rules of Professional Conduct
Legal fiction
Appellant or petitioner
39. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Cause of action
Service
Harmless error
Assumption
40. 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.
Search engine
Real Property
Power of judicial review
Stop and frisk
41. The publication of false statements that harm a person's reputation.
Equity
Defamation
Judicial review
Best evidence rule
42. A court order authorizing a sheriff to take property in order to enforce a judgment.
Legal technician
Substantive law
Secondary authority
Writ of execution
43. 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.
Motion for a new trial
Miranda warnings
Power of judicial review
Popular name table
44. A defense whereby the defendant offers new evidence to avoid judgment.
En banc
Dismissal with prejudice
Mistrial
Affirmative defense
45. Being informed of some act done or about to be done.
Appellate brief
Ejusdem generis
Notice
Peremptory challenge
46. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Fixed Fee
Primary authority
Billable hours
47. 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
Professional Corporation (PC)
On all fours
Stare decisis
Expert witness
48. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Plain view doctrine
Procedural facts
Affirmative defense
49. An advance or down payment that is given to engage the services of an attorney.
12(b)(6) motion
Retainer agreement
Retainer
Judgment proof
50. The highest federal appellate court - consisting of nine appointed members.
Narrow Holding
Request for admissions
Broad holding
U.S. Supreme Court