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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. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Judicial notice
U.S. district courts
Assault
Exclusive jurisdiction
2. The general jurisdiction trial courts in the federal system.
U.S. district courts
Leading questions
Appellate brief
Partnership
3. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Legislative intent
Doctrine of implied powers
Legal Reasoning
Compulsory joinder
4. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Prior case history
On point
Negligence per se
5. 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.
Rule
Adverse possession
Cause of action
Appellate brief
6. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Reasonable suspicion
Judicial notice
Warrant
Landmark decision
7. A request made to the court.
Motion
Subpoena
Enabling act
Personal jurisdiction
8. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Real property
Narrow Holding
Road Map paragraph
Subject matter jurisdiction
9. An opinion that agrees with the majority's result but disagrees with its reasoning.
No-knock warrant
Constructive eviction
Concurring opinion
Mens rea
10. The revocation of an attorney's license.
U.S. district courts
Headnote
Disbarment
No-knock warrant
11. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Laws
Voir dire
Potential conflict
Evidence
12. Liability without a showing of fault.
Model Rules of Professional Conduct
Statutes of limitations
Contributory negligence
Strict liability
13. The failure to act reasonably under the circumstances.
Subpoena
Negligence
Pleading in the alternative
Charging the jury
14. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Expert witness
Valid
Deposition
Limited liability partnership (LLP)
15. 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.
Judicial activism
Preemption
Cumulative evidence
Tenancy in common
16. The pretrial oral questioning of a witness under oath.
Headnote
Court of record
Federalism
Deposition
17. Rules of conduct promulgated and enforced by the government.
Appellate courts
Corroborative evidence
Laws
Restrictive covenant
18. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Materiality
Intellectual Property
Leading question
Default judgment
19. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pleading in the alternative
Indictment
Pocket part
Case citation
20. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Legal technician
Bill of Rights
Prima facie case
21. Rules and regulations created by administrative agencies.
Motion for a new trial
Administrative law
Probable cause
Lexis
22. A method for excusing a prospective juror; no reason need be given.
Writ of certiorari
Peremptory challenge
Miranda warnings
Relevancy
23. Land and objects permanently attached to land.
Derogation of the common law
Real property
Nolo contendere
Entrapment
24. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Judgment
Distinguishable cases
Void for vagueness
Probable cause
25. The division of governmental power among the legislative - executive - and judicial branches.
Punitive damages
En banc
Exhaustion of administrative remedies
Separation of powers
26. A national paralegal association.
Ethical wall or screen or cone of silence
National Association of Legal Assistants (NALA) www.nala.org
Issue
Procedural facts
27. 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.
Treatment
Narrow Holding
Subsequent case history
Evidence
28. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Full-text searches
Materiality
Freelance Paralegal
Successive conflict of interest
29. 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.
Remand
Prior case history
Prima facie case
Enabling act
30. 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.
Attorney-client privilege
Code
Comparative negligence
Minor premise
31. The highest federal appellate court - consisting of nine appointed members.
En banc
Power of judicial review
Rules of criminal procedure
U.S. Supreme Court
32. 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.
Legal clinic
Deponent
Partnership
Personal recognizance bond
33. A set of standardized jury instructions.
Reverse
Exigent circumstances
Persuasive authority
Pattern jury instructions
34. Summary of one legal point in a court opinion; written by the editors at West.
Pinpoint cite
Clearly erroneous
Headnote
Statutes at large or session laws
35. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Criminal law
Respondeat superior
Statute of limitations
36. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Court of record
Evidence
Tenancy in common
37. A court's prior permission for the police to search and seize.
Evidence
Reasonable suspicion
Mistrial
Warrant
38. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Majority opinion
Primary authority
Counterclaim
Legal writing
39. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Open Questions
Judgment
Jurisdiction
Evidence
40. 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.
Discovery
Black-letter law
Personal recognizance bond
Contributory negligence
41. A public or private statement that an attorney's conduct violated the code of ethics.
Specific performance
Writ of execution
Harmless error
Reprimand or censure
42. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Unauthorized practice of law
Tort law
Products liability
Doctrine of implied powers
43. 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.
Affirm
Peremptory challenge
Restatement of the Law of Torts - Second
Laws
44. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Full-text database
Code
Counterclaim
Pleading in the alternative
45. Simultaneously representing adverse clients.
Concurrent conflict of interest
National Association of Legal Assistants (NALA) www.nala.org
per curium
Professional Corporation (PC)
46. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Negligence per se
Relevancy
Major premise
Code
47. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Direct evidence
Subject matter jurisdiction
Fruit of the poisonous tree doctrine
Contributory negligence
48. 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.
Compensatory damages
Legal clinic
Bailment
Caption
49. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Federal question jurisdiction
Bailment
Civil law
50. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Shepardizing
Removal
Criminal law
Subpoena duces tecum