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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 separable part of a statute that must be satisfied for the statute to apply.
Probable cause
Client trust account
Statutory element
Procedural facts
2. 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.
Rule
Preemption
Vicarious representation
Nolo contendere
3. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Broad holding
Judicial notice
Affirmative defense
Arbitration
4. 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
Actus rea
Holding
Loislaw
5. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
Negligence per se
Judicial activism
Summons
6. 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.
Leading question
Deductive reasoning
Prior case history
Motion to suppress
7. 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.
U.S. Court of Appeals
Mens rea
Motion for a new trial
Statutes of limitations
8. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Minimum contacts
Subpoena
Transition
Retainer
9. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Code of Federal Regulations (C.F.R.)
Comparative negligence
Res ipsa loquitur
Unofficial reporter
10. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Analogous cases
Adverse possession
Verification
Mediation
11. When an appellate court overturns or negates the decision of a lower court.
Products liability
Plain view doctrine
Personal property
Reverse
12. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Judgment notwithstanding the verdict (judgment N.O.V.)
Directed verdict
Expert witness
Battered woman's or spouse's syndrome
13. The party in a case who has initiated an appeal.
Appellate or petitioner
Contributory negligence
Professional judgment
Billable hours
14. Voluntarily and knowingly subjecting oneself to danger.
Voir dire
Vicarious representation
Execute
Assumption of the risk
15. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Minor premise
U.S. Supreme Court
Class action suit
16. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
American Bar Association (ABA) www.abanet.org
Direct examination
Issue
Annotated statutes
17. A court's power to hear only specialized cases.
Dictum
Limited jurisdiction
Reverse
Substantial capacity test
18. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Constructive eviction
Original jurisdiction
Personal property
Contingency fee
19. An opinion in which a majority of the court joins.
Majority opinion
American Bar Association (ABA) www.abanet.org
Model Rules of Professional Conduct
Entrapment
20. Rules of conduct promulgated and enforced by the government.
Persuasive authority
Laws
Case reporters
Removal
21. A person who permits or directs another person to act on the principal's behalf.
Irresistible impulse test
Digest
Principle
American Bar Association (ABA) www.abanet.org
22. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Compensatory damages
Citing case
Liberal construction
Common law
23. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Booking
On point
Assumption of the risk
Constructive eviction
24. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Standing
Challenge for cause
Loislaw
Summary jury trials
25. A right to use property owned by another for a limited purpose.
Property
Freelance Paralegal
Easement
Dissenting opinion
26. A summary of a court opinion that appears at the beginning of the case.
Respondeat superior
Equity
Syllabus
Code
27. The power of government to take private property for public purposes.
Eminent Domain
Official reporter
Registration
Limited liability partnership (LLP)
28. The rule that in order to claim self-defense there must have been no possibility of retreat.
Answer
Preemption
Appellee or respondent
Retreat exception
29. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Retreat exception
Necessity
Ejusdem generis
Vicarious representation
30. Generally accepted legal principles.
Black-letter law
Unauthorized practice of law
Proving a case within a case
Majority opinion
31. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Battered woman's or spouse's syndrome
per curium
Constructive
Caption
32. A worldwide network of computer networks.
Probable cause
Enabling act
Internet
Reversible error
33. Bad intent.
Legal services offices
Mens rea
Easement
Citation
34. 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.
Appellate brief
Preemption
Exculpatory evidence
Partnership
35. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Substantive facts
Statutes at large or session laws
Exculpatory clause
36. 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).
Joint tenancy
Arbitration
Headnote
Legal clinic
37. 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
Plaintiff
Equity
Stare decisis
Duress
38. 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.
Issue
Potential conflict
Actual cause
Arrest
39. 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.
Self-defense
Evidence
Power of judicial review
Statutes of limitations
40. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Complaint
Irresistible impulse test
Equity
Probable cause
41. A court order requiring a person to appear to testify at a trial or deposition.
Class action suit
Mistrial
Subpoena
Tort law
42. Law that creates rights and duties.
Pleadings
Derogation of the common law
Default judgment
Substantive law
43. Liability without having to prove fault.
Direct evidence
Recidivist
Strict liability
Entrapment
44. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Reverse
Remand
Ethical wall or screen or cone of silence
Majority opinion
45. Without the need for a warrant - the police may seize objects that are openly visible.
Interrogatories
Plain view doctrine
Assault
Constitutional law
46. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Arraignment
Joint tenancy
Exclusionary rule
Real or physical evidence
47. Law that regulates how the legal system operates.
Strict construction
Procedural law
Legal clinic
Product misuse
48. Indirect evidence - used to prove facts by implication.
Circumstantial evidence
Regulation
Civil law
Restatement of the Law of Torts - Second
49. The highest federal appellate court - consisting of nine appointed members.
Caption
Appellee or respondent
Substantive law
U.S. Supreme Court
50. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Property
Motion for a new trial
Personal property