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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 witness who has not been shown to have any special expertise.
Lay witness
Double jeopardy
Legal writing
Pretrial conference
2. A court's power to hear any type of case arising within its geographical area.
Evidence
General jurisdiction
Subject matter jurisdiction
Booking
3. A national association of paralegal associations.
Slip laws
Respondeat superior
Limited jurisdiction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
4. A court's prior permission for the police to search and seize.
Products liability
Structured database
Principle
Warrant
5. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Derogation of the common law
Plain meaning
Indictment
Nominal damages
6. A special type of joint tenancy applicable only to married couples.
Lay witness
Tenancy by the entirety
Transition
Partnership
7. A set of standardized jury instructions.
Issue
Appellant or petitioner
Pattern jury instructions
Trial courts
8. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Loislaw
Certified
Implied warranty of habitability
Practice of law
9. A bank account used to hold money belonging to the client or to a third party.
Relevancy
Client trust account
Subpoena duces tecum
Remedial statute
10. A trial court error that is not sufficient to warrant reversing the decision.
Irresistible impulse test
Harmless error
Narrow Holding
Code
11. The publication of false statements that harm a person's reputation.
Diversity jurisdiction
Judicial review
Comparative negligence
Defamation
12. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Broad holding
Res ipsa loquitur
Conflict of interest
Contributory negligence
13. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Consideration
False imprisonment
Legal writing
Statutes of limitations
14. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Treatment
Issue
Concluding paragraph
15. The rule requiring that the original document be produced at trial.
Subpoena
Pleadings
Best evidence rule
Procedural law
16. A witness who has not been shown to have any special expertise.
Nolo contendere
Persuasive authority
Attorney-client privilege
Lay witness
17. The papers that begin a lawsuit-generally - the complaint and the answer.
Rule
Road Map paragraph
Assault
Pleadings
18. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Professional Corporation (PC)
Ejusdem generis
Westlaw
Quiet enjoyment
19. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Limited jurisdiction
Annotated statutes
Indictment
Constructive eviction
20. Summary of one legal point in a court opinion; written by the editors at West.
Property law
Billable hours
Headnote
Model Rules of Professional Conduct
21. A constitutional protection against being tried twice for the same crime.
Entrapment
Double jeopardy
Contingency Fee
Overrule
22. Liability without having to prove fault.
Appellant or petitioner
Deductive reasoning
Strict liability
Structured database
23. Evidence that suggests the defendant's innocence.
Specific performance
Exculpatory evidence
Dismissal with prejudice
Exclusionary rule
24. A person who initiates an appeal.
Personal property
Booking
Digest
Appellant or petitioner
25. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Citing case
Codification
Federalism
Westlaw
26. Law that deals with harm to an individual.
Official reporter
Documentary evidence
Legislative history
Civil law
27. 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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28. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Pocket part
Arbitration
Products liability
Clear and convincing
29. Courts that determine whether lower courts have made errors of law.
Appellate courts
Best evidence rule
Evidence
Affirm
30. A warrant that allows the police to enter without announcing their presence in advance.
Comparative negligence
No-knock warrant
Lay a foundation
Certified
31. Law that creates rights and duties.
Prior case history
Substantive law
Concurring opinion
Conflict of interest
32. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Westlaw
Legal Reasoning
Compulsory joinder
Comparative negligence
33. Any tangible object - like a bloody glove.
Deductive reasoning
Secondary authority
Real or physical evidence
Negligence per se
34. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Reverse
Disbarment
Statutes at large or session laws
35. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Easement
Holding
Defendant
Motion in limine
36. 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.
Hypertext links
Quiet enjoyment
Jurisdiction
Caption
37. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Persuasive authority
Mistrial
Real Property
38. Generally accepted legal principles.
Nominal damages
Grand jury
Persuasive authority
Black-letter law
39. Questions relating to what happened: who - what - when - where - and how.
Exculpatory evidence
Proving a case within a case
Model Rules of Professional Conduct
Questions of fact
40. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Statute in derogation of the common law
En banc
Warrant
Overrule
41. 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.
Restatement of the Law of Torts - Second
Overbreadth
Writ of execution
Dissenting opinion
42. A defendant's personal promise to appear in court.
Codification
Personal recognizance bond
Arbitration
Substantial capacity test
43. Someone who has the power to act in the place of another.
Liberal construction
Agent
Case reporters
Plain view doctrine
44. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Motion
Professional Corporation (PC)
Reverse
45. The process of organizing statutes by subject matter.
Probable cause
Writ of execution
Paralegal
Codification
46. The number of hours - or parts of an hour - that can be charged to a specific client.
Booking
Billable hours
Intentional tort
Agent
47. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Landmark decision
Common law
Overrule
Open Questions
48. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Affirm
Road Map paragraph
Writ of certiorari
Legislative intent
49. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Miranda warnings
Personal jurisdiction
Fruit of the poisonous tree doctrine
Testimonial evidence
50. The power of the federal courts to hear matters of federal law.
Questions of law
Transition
Direct evidence
Federal question jurisdiction