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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 special type of joint tenancy applicable only to married couples.
Ejusdem generis
Remand
Tenancy by the entirety
No-knock warrant
2. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Real Property
Case citation
Pretrial conference
3. The modern pretrial procedure by which one party gains information from the adverse party.
Legislative intent
Attorney-client privilege
Discovery
Leading question
4. Law that deals with harm to an individual.
Civil law
Bail
Appellate or petitioner
Pretrial motion
5. The rule that in order to claim self-defense there must have been no possibility of retreat.
Comparative negligence
Booking
Retreat exception
Minimum contacts
6. A court order requiring a person to appear to testify at a trial or deposition.
Alternative dispute resolution (ADR)
Subpoena
Rules of evidence
Charging the jury
7. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Affirmative defense
Major premise
Plain meaning
Statute in derogation of the common law
8. A national voluntary organization of lawyers.
Stop and frisk
Procedural facts
Property
American Bar Association (ABA) www.abanet.org
9. Violation of a statute as proof of negligence
Original jurisdiction
Negligence per se
Appellee or respondent
American Bar Association (ABA) www.abanet.org
10. A fee calculated as a percentage of the settlement or award in the case.
Road Map paragraph
Lay witness
Contingency Fee
Harmless error
11. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Internet
Property law
Comparative negligence
Concurring opinion
12. All property that is not real property.
Personal property
Summary jury trials
Motion in limine
Writ of habeas corpus
13. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Hourly rate
On point
Statutes at large or session laws
Procedural facts
14. A set charge for a specific service - such as drafting a simple will.
Ethical wall or screen or cone of silence
Judicial activism
Fixed Fee
Writ of certiorari
15. A law promulgated by an administrative agency.
Regulation
Diversity jurisdiction
Legal fiction
Property
16. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Indictment
Arbitration
Issue of first impression
Ejusdem generis
17. Questions relating to the interpretation or application of the law.
Full-text searches
Constructive
Questions of law
Concluding paragraph
18. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Common law
Motion to require a finding of not guilty
Cross-claim
Pinpoint cite
19. Cases that involve similar facts and rules of law.
Pleading in the alternative
Broad holding
Analogous cases
Concluding paragraph
20. A document that lists statements regarding specific items for the other party to admit or deny.
Nominal damages
Verification
Tort law
Request for admissions
21. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Charging the jury
Lay a foundation
No-knock warrant
Unauthorized practice of law
22. Evidence that does not add any new information but that confirms facts that already have been established.
Reversible error
Actus rea
Tenancy by the entirety
Cumulative evidence
23. The party in a case against whom an appeal has been filed.
Actual cause
Appellee or respondent
Internet
Issue of first impression
24. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Canons of construction
Summons
Comparative negligence
Compensatory damages
25. The intermediate appellate courts in the federal system.
U.S. Court of Appeals
Legal Reasoning
Statutory element
Interrogatories
26. Land and objects permanently attached to land.
Real property
Jurisdiction
Strict construction
Constructive eviction
27. Specific questions that usually demand very short or yes-no answers.
Compensatory damages
Closed Questions
Testimonial evidence
Best evidence rule
28. The number of hours - or parts of an hour - that can be charged to a specific client.
Trial courts
Cross-examination
Billable hours
Miranda warnings
29. A court order authorizing a sheriff to take property in order to enforce a judgment.
Separation of powers
Writ of execution
Affirmative defense
Punitive damages
30. 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.
Entrapment
Directed verdict
Answer
Statutes at large or session laws
31. Disregarding a substantial and unjustifiable risk that harm will result.
Jurisdiction
Bench trial
Product misuse
Recklessness
32. A repeat offender; one who continues to commit more crimes.
Secondary authority
Distinguishable cases
Recidivist
Pocket part
33. The power of a court to hear a case.
Eminent Domain
Jurisdiction
Partnership
Restrictive covenant
34. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Real property
Deductive reasoning
Expert witness
35. Law dealing with ownership.
Property law
Black-letter law
Request for admissions
Treatment
36. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Third-party claim
Confidentiality
Judicial activism
Summons
37. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Constitutional law
Contingency Fee
Execute
38. The chronological publication of statutes at the end of a legislative session.
Statutes at large or session laws
Mandatory authority
Entrapment
Summary jury trials
39. 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
Stare decisis
International Paralegal Management Association (IPMA) www.paralegal management.org
Code
Harmless error
40. When an appellate court that normally sits in panels sits as a whole.
Third-party claim
Intellectual Property
Personal jurisdiction
En banc
41. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Professional Corporation (PC)
Comparative negligence
Arrest
Dissenting opinion
42. General principles that guide the courts in their interpretation of statutes.
Assumption
Power of judicial review
Plea bargaining
Canons of construction
43. Voluntarily and knowingly subjecting oneself to danger.
Plaintiff
Assumption of the risk
Prior case history
Exculpatory clause
44. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Minor premise
Statutory element
Statute in derogation of the common law
45. A person who initiates a lawsuit.
Plaintiff
Personal jurisdiction
Tickler System
Nolo contendere
46. A trial court error that is not sufficient to warrant reversing the decision.
Overrule
Harmless error
Structured database
Reverse
47. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Contingency fee
Legal Reasoning
Deposition
48. A person who initiates an appeal.
Billable hours
Testimonial evidence
Appellant or petitioner
Motion in limine
49. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Negligence
Products liability
General jurisdiction
Appellate brief
50. Something of value exchanged to form the basis of a contract.
Equity
Best evidence rule
Consideration
Clearly erroneous