SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 business run by two or more persons as co-owners.
Jurisdiction
Appellee or respondent
Partnership
Structured database
2. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Directed verdict
Lay witness
Voir dire
Corroborative evidence
3. The court's power to review statutes to decide whether they conform to the Constitution.
Rule 56 motion (summary judgment motion)
Pocket part
En banc
Judicial review
4. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Holding
Constructive
Exhaustion of administrative remedies
5. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Stare decisis
Notice pleading
Best evidence rule
6. The transfer of a case from one state court to a federal court.
Subject matter jurisdiction
Interrogatories
Removal
Limited liability partnership (LLP)
7. Used to describe legislation that changes the common law.
Corroborative evidence
Suspension
Derogation of the common law
Confidentiality
8. In a complaint - one cause of action.
Count
Fact
Minor premise
Authentication
9. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Injunction
Motion for a new trial
Authentication
Challenge for cause
10. A set of standardized jury instructions.
Pattern jury instructions
Rule 56 motion (summary judgment motion)
Hourly rate
Questions of fact
11. A court opinion that establishes new law in an important area.
Disposition
Ethical wall or screen or cone of silence
Landmark decision
Common law
12. Law that deals with harm to a person or a person's property.
Certified
Concurring opinion
Counterclaim
Tort law
13. A witness who has not been shown to have any special expertise.
Headnote
Legal writing
Client trust account
Lay witness
14. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Cause of action
Syllabus
Westlaw
Common law
15. A warrant that allows the police to enter without announcing their presence in advance.
Defendant
Compulsory joinder
Confidentiality
No-knock warrant
16. A statute establishing and setting out the powers of an administrative agency.
Jurisdiction
Stare decisis
Enabling act
Judicial review
17. The power of a court to hear a particular type of case.
M'Naghten test
Subject matter jurisdiction
Model Rules of Professional Conduct
Substantial capacity test
18. The justified use of force to protect oneself or others.
Open Questions
Judicial review
Self-defense
Overrule
19. All property that is not real property.
Annotated statutes
Judicial review
Case reporters
Personal property
20. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Federalism
Issue
Mandatory authority
Diversity jurisdiction
21. Establishes a direct link to the event that must be proven.
Count
Direct examination
Direct evidence
Rule 56 motion (summary judgment motion)
22. Any tangible object - like a bloody glove.
Real or physical evidence
Double jeopardy
Documentary evidence
Direct evidence
23. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Canons of construction
Ethical wall or screen or cone of silence
Hypertext links
24. Federal and state rules that regulate how criminal proceedings are conducted.
Exculpatory evidence
Rules of criminal procedure
Materiality
Partnership
25. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Judicial notice
Intellectual Property
Default judgment
26. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Full-text searches
Common law
Punitive damages
Personal jurisdiction
27. 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
Recklessness
Authentication
Stare decisis
Class action suit
28. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Canons of construction
Legal technician
Summary jury trials
Registration
29. A request made to the court.
Arbitration
Actus rea
Canons of construction
Motion
30. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Documentary evidence
Administrative law
Writ of certiorari
Persuasive authority
31. 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.
Westlaw
Specific performance
Federalism
Execute
32. The law itself - such as statutes and court opinions.
Caption
Products liability
Primary authority
Pretrial motion
33. A trial conducted without a jury.
Fixed Fee
Arrest
Bench trial
Closed Questions
34. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Products liability
Subject matter jurisdiction
Dissenting opinion
35. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Warrant
Subsequent case history
Judicial notice
Exigent circumstances
36. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Substantive facts
Verdict
Affirm
Certified
37. A provision that purports to waive liability.
Professional judgment
Battered woman's or spouse's syndrome
Exculpatory clause
Exigent circumstances
38. Cases that involve different facts and/or rules of law.
Concluding paragraph
Practice of law
Distinguishable cases
Attorney-client privilege
39. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
12(b)(6) motion
Professional Corporation (PC)
Practice of law
Procedural facts
40. In a case brief - facts that deal with what happened to the parties before the litigation began.
Respondeat superior
Easement
Substantive facts
Retreat exception
41. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Deductive reasoning
False imprisonment
Rule
Exigent circumstances
42. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Invasion of Privacy
General jurisdiction
Tickler System
43. A national association of paralegal associations.
Registration
Exculpatory evidence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Charging the jury
44. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Model Rules of Professional Conduct
Dissenting opinion
Miranda warnings
Issue of first impression
45. The publication of false statements that harm a person's reputation.
Defamation
Legal malpractice
Cross-claim
Appellate brief
46. A method for excusing a prospective juror; no reason need be given.
Judicial activism
Peremptory challenge
Dismissal with prejudice
Real or physical evidence
47. Land and objects permanently attached to land.
Real property
Actual cause
Attorney-client privilege
Hearsay
48. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Civil law
Punitive damages
Trial courts
49. 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.
Loislaw
Constructive
Removal
12(b)(6) motion
50. The tort theory that an employer can be sued for the negligent acts of its employees.
Registration
Execute
Respondeat superior
Landmark decision