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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. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Ethical wall or screen or cone of silence
Legal technician
Booking
2. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Issue
Personal property
Pleading in the alternative
Challenge for cause
3. 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.
Alternative dispute resolution (ADR)
Issue of first impression
Joint tenancy
Appellate brief
4. Disregarding a substantial and unjustifiable risk that harm will result.
per curium
Recklessness
Specific performance
Lay advocate
5. Also known as real estate; land and items growing on or permanently attached to that land.
Personal jurisdiction
Real Property
Remand
Double jeopardy
6. Cases that involve different facts and/or rules of law.
Procedural facts
Distinguishable cases
Subpoena
Bail
7. 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
Entrapment
Compulsory joinder
Major premise
8. A defense whereby the defendant offers new evidence to avoid judgment.
Recklessness
Case reporters
Plain meaning
Affirmative defense
9. The party in a case who has initiated an appeal.
Specific performance
Appellate or petitioner
Battery
Tort law
10. 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.
Miranda warnings
Real Property
Exculpatory evidence
Holding
11. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Overrule
Contingency fee
Guardian
Harmless error
12. General principles that guide the courts in their interpretation of statutes.
Rule
Canons of construction
Tenancy by the entirety
Vicarious representation
13. An opinion that agrees with the majority's result but disagrees with the reasoning.
Expert witness
Concurring opinion
Relevancy
Mistrial
14. The failure to act reasonably under the circumstances.
Assumption
Subject matter jurisdiction
Substantive law
Negligence
15. In a case brief - facts that deal with what happened to the parties before the litigation began.
Motion to require a finding of not guilty
Substantive facts
per curium
Active Listening
16. Cases that involve similar facts and rules of law.
Leading questions
Analogous cases
Concurrent conflict of interest
Statute of limitations
17. A witness who has not been shown to have any special expertise.
Lay witness
Charging the jury
Deductive reasoning
Stop and frisk
18. A request made to the court.
Reverse
Entrapment
Paralegal
Motion
19. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Limited jurisdiction
Common law
Pinpoint cite
20. 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.
Exclusionary rule
Case citation
On point
Notice
21. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Proximate cause
Judgment
Lay witness
Canons of construction
22. 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.
Reversible error
Legislative intent
Adverse possession
Leading question
23. Evidence that does not add any new information but that confirms facts that already have been established.
Diversity jurisdiction
General jurisdiction
Overrule
Cumulative evidence
24. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Execute
Secondary authority
Legal writing
Court of record
25. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Legal clinic
Loislaw
Statutes at large or session laws
Preponderance of the evidence
26. The status of having received a certificate documenting that the person has successfully completed an educational program.
Peremptory challenge
Certificated
Model Rules of Professional Conduct
Remedial statute
27. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Leading questions
Respondeat superior
Appellee or respondent
Bailment
28. Law that deals with harm to an individual.
Civil law
Property
Rules of criminal procedure
Lay advocate
29. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Legal technician
Double jeopardy
Competency
Entrapment
30. A method for excusing a prospective juror; no reason need be given.
Personal property
Service
Peremptory challenge
Strict liability
31. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Necessity
Search engine
Judicial notice
Booking
32. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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33. 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.
Harmless error
per curium
Tenancy in common
Appellate brief
34. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Syllabus
Adverse possession
Reprimand or censure
35. When a higher court agrees with what lower court has done.
Affirm
Dictum
Procedural facts
Federalism
36. A calendering system that records key dates and important deadlines.
Implied warranty of habitability
Materiality
Legal clinic
Tickler System
37. Law that deals with harm to a person or a person's property.
Tort law
Retainer
Constructive
Citation
38. 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.
Registration
Stare decisis
Preponderance of the evidence
Guardian
39. A defense whereby the defendant offers new evidence to avoid judgment.
Pretrial conference
Count
Affirmative defense
Road Map paragraph
40. The court's power to review statutes to decide whether they conform to the Constitution.
Potential conflict
Injunction
Statute
Judicial review
41. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Relevancy
per curium
Subsequent case history
Actus rea
42. A set charge for a specific service - such as drafting a simple will.
Primary authority
Overrule
Holding
Fixed Fee
43. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Potential conflict
Fact
Challenge for cause
Proving a case within a case
44. Consists of records - contracts - leases - wills - and other written instruments.
Judgment notwithstanding the verdict (judgment N.O.V.)
Legal malpractice
Documentary evidence
Motion
45. 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.
Invasion of Privacy
Overrule
Preemption
Lay witness
46. When only one court has the power to hear a case.
Testimonial evidence
Judgment
Substantive law
Exclusive jurisdiction
47. Information that can be presented in a court of law as proof of some fact.
Exigent circumstances
Compulsory joinder
Evidence
Invasion of Privacy
48. A summary of a court opinion that appears at the beginning of the case.
False imprisonment
Statutory element
Syllabus
Judicial restraint
49. A special type of joint tenancy applicable only to married couples.
Tenancy by the entirety
Negligence
Digest
Successive conflict of interest
50. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Third-party claim
Preponderance of the evidence
Writ of certiorari
Assault