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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. Cases that involve similar facts and rules of law.
Motion to suppress
Analogous cases
Jurisdiction
Broad holding
2. 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.
Secondary authority
Stop and frisk
Contributory negligence
Case citation
3. A warrant that allows the police to enter without announcing their presence in advance.
Concurrent conflict of interest
Prior case history
No-knock warrant
Irresistible impulse test
4. The opinion of a jury on a question of fact.
Affirm
Internet
Reprimand or censure
Verdict
5. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
M'Naghten test
Discovery
Deposition
6. Simultaneously representing adverse clients.
Invasion of Privacy
Case reporters
Challenge for cause
Concurrent conflict of interest
7. The modern pretrial procedure by which one party gains information from the adverse party.
Landmark decision
Quiet enjoyment
Discovery
Strict construction
8. Rules and regulations created by administrative agencies.
Writ of habeas corpus
12(b)(6) motion
Administrative law
U.S. district courts
9. 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.
Slip laws
Procedural law
Prior case history
Court of record
10. Someone who has the power to act in the place of another.
Agent
Judicial review
Interrogatories
Slip laws
11. The justified use of force to protect oneself or others.
Self-defense
Procedural facts
Bill of Rights
12(b)(6) motion
12. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Caption
Model Rules of Professional Conduct
Tort law
13. Not factually true - but accepted by the courts as being legally true.
Doctrine of implied powers
Necessity
Charging the jury
Constructive
14. 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.
Contingency Fee
Narrow Holding
Adverse possession
Stare decisis
15. Questions that suggest the answer.
Guardian
Concurrent conflict of interest
Leading questions
Popular name table
16. In a case brief - the general legal principle in existence before the case began.
Shepardizing
Plain view doctrine
Rule
Battered woman's or spouse's syndrome
17. Money is awarded to a plaintiff in payment for his or her actual losses.
Negligence per se
Compensatory damages
Judicial activism
American Bar Association (ABA) www.abanet.org
18. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Evidence
Retreat exception
Trial courts
Subsequent case history
19. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Westlaw
Search engine
Guardian
Official reporter
20. 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.
Prior case history
Judicial notice
Invasion of Privacy
Overrule
21. All property that is not real property.
U.S. Court of Appeals
Issue
Personal property
Proving a case within a case
22. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Judgment proof
Statutory element
Overrule
Cross-claim
23. A constitutional protection against being tried twice for the same crime.
Major premise
Double jeopardy
Compulsory joinder
Lexis
24. The rules whereby all members of a law firm are treated as though they had represented the former client.
Cross-claim
Vicarious representation
Transition
Westlaw
25. 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).
Remedial statute
Rule
Testimonial evidence
Joint tenancy
26. An intentional act that creates a harmful or offensive physical contact.
Comparative negligence
Battery
Code
Lay witness
27. A court opinion that establishes new law in an important area.
Landmark decision
Appellant or petitioner
Vicarious representation
Statutory element
28. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Exclusive jurisdiction
Void for vagueness
Nolo contendere
Appellate brief
29. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Model Rules of Professional Conduct
Bench trial
Mediation
30. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Writ of habeas corpus
Statutory element
Actual cause
Rule 56 motion (summary judgment motion)
31. Law dealing with ownership.
Tenancy in common
Proving a case within a case
Property law
Plaintiff
32. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Contributory negligence
Void for vagueness
Certified
Disposition
33. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Minor premise
Compensatory damages
Headnote
Judicial notice
34. 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.
Billable hours
Prima facie case
Battered woman's or spouse's syndrome
Common law
35. A set of standardized jury instructions.
Pattern jury instructions
Count
Judgment
Syllabus
36. Land and objects permanently attached to land.
Liberal construction
Ejusdem generis
Real property
Statute in derogation of the common law
37. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Strict liability
Legal writing
Personal property
Actus rea
38. 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.
Punitive damages
Comparative negligence
Persuasive authority
Minor premise
39. A trial court error that is not sufficient to warrant reversing the decision.
Codification
Official reporter
Harmless error
Exclusionary rule
40. In a complaint - one cause of action.
Evidence
Count
Judicial review
Model Rules of Professional Conduct
41. Violation of a statute as proof of negligence
Reverse
Negligence per se
Laws
Competency
42. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Concurring opinion
Materiality
Questions of law
Closed Questions
43. 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.
Substantive law
Fixed Fee
Plea bargaining
Syllabus
44. A pamphlet inserted into the back of a book containing information new since the volume was published.
Beyond a reasonable doubt
Judicial activism
Pocket part
Rule
45. Law that deals with harm to an individual.
Separation of powers
Civil law
Pretrial conference
Appellant or petitioner
46. Without the need for a warrant - the police may seize objects that are openly visible.
Legal malpractice
Contract
Plain view doctrine
Minor premise
47. The requirement that relief be sought from an administrative agency before proceeding to court.
Statutes at large or session laws
Peremptory challenge
Exhaustion of administrative remedies
Interrogatories
48. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Probable cause
Canons of construction
Diversity jurisdiction
Statute of limitations
49. A witness who has not been shown to have any special expertise.
Administrative law
Limited liability partnership (LLP)
Lay witness
Prior case history
50. A national association of paralegal managers.
Intellectual Property
International Paralegal Management Association (IPMA) www.paralegal management.org
Leading question
Damages