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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. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Contingency Fee
Affirmative defense
Invasion of Privacy
2. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Res ipsa loquitur
Standing
Affirmative defense
Broad holding
3. A computerized database that contains key information about the content of documents - such as medical records.
Appellate or petitioner
Transition
Structured database
Quiet enjoyment
4. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Arrest
Battery
Caption
5. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Legal Reasoning
Citation
Beyond a reasonable doubt
Enabling act
6. The intermediate appellate courts in the federal system.
Direct examination
U.S. Court of Appeals
Request for admissions
Verification
7. 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.
Statutes of limitations
Lay a foundation
Motion
Lay witness
8. 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.
Personal recognizance bond
Statute of limitations
Res ipsa loquitur
Preemption
9. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Pleadings
Entrapment
Landmark decision
Contributory negligence
10. Bad act.
Remedial statute
Lay witness
Actus rea
Bill of Rights
11. A national paralegal association.
Codification
National Association of Legal Assistants (NALA) www.nala.org
Distinguishable cases
Direct evidence
12. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Case reporters
Legal services offices
Exclusive jurisdiction
Contingency Fee
13. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Indictment
Pretrial motion
Remedial statute
Dissenting opinion
14. A witness who has not been shown to have any special expertise.
Lay witness
Case reporters
U.S. Supreme Court
Leading questions
15. Being informed of some act done or about to be done.
Negligence
Notice
Secondary authority
Notice pleading
16. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Syllabus
Legislative history
Mistrial
17. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Subpoena
Respondeat superior
Appellate brief
Contingency fee
18. 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.
Major premise
Direct evidence
Statute of limitations
Registration
19. Books that contain appellate court decisions. There are both official and unofficial reporters.
Prior case history
Case reporters
Rules of evidence
Proximate cause
20. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Pretrial motion
Reprimand or censure
Punitive damages
21. An opinion that disagrees with the majority's decision and reasoning.
Exclusive jurisdiction
Grand jury
Valid
Dissenting opinion
22. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Deposition
Preemption
Dissenting opinion
23. The revocation of an attorney's license.
American Bar Association (ABA) www.abanet.org
Disbarment
Necessity
Subsequent case history
24. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Restatement of the Law of Torts - Second
Digest
Dissenting opinion
25. A requirement that a party fulfill his or her contractual obligations.
Court of record
Hypertext links
Landmark decision
Specific performance
26. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Negligence
Mandatory authority
Defendant
Separation of powers
27. Federal and state rules that regulate how criminal proceedings are conducted.
En banc
Rules of criminal procedure
No-knock warrant
Lexis
28. All property that is not real property.
Statute in derogation of the common law
Nominal damages
Retainer agreement
Personal property
29. A trial conducted without a jury.
Fruit of the poisonous tree doctrine
Personal recognizance bond
Bench trial
Criminal law
30. A national voluntary organization of lawyers.
False imprisonment
Stop and frisk
American Bar Association (ABA) www.abanet.org
Federal question jurisdiction
31. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Search engine
Legal malpractice
Lexis
Unauthorized practice of law
32. Written questions sent by one side to the opposing side - answered under oath.
Voir dire
Interrogatories
Real property
Actus rea
33. A canon of construction meaning 'of the same class.:
Ejusdem generis
Headnote
Contract
Recidivist
34. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Interrogatories
Substantive law
Subsequent case history
Judicial activism
35. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Jurisdiction
Battered woman's or spouse's syndrome
Overrule
Legal fiction
36. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
Issue
Products liability
Open Questions
37. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Nominal damages
Guardian
Class action suit
Unofficial reporter
38. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Statutes of limitations
Evidence
Open Questions
Testimonial evidence
39. In a case brief - the general legal principle in existence before the case began.
Writ of habeas corpus
Evidence
Rule
Dismissal with prejudice
40. The process of legislative enactment of areas of the law previously governed solely by the common law.
Class action suit
Successive conflict of interest
Codification of the common law
Judgment notwithstanding the verdict (judgment N.O.V.)
41. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Notice pleading
Pleading in the alternative
Legal Reasoning
Procedural law
42. The chronological publication of statutes at the end of a legislative session.
Recidivist
Statutes at large or session laws
False imprisonment
American Association for Paralegal Education (AAfPE) www.aafpe.org
43. The reference to a particular page within an opinion.
Pinpoint cite
Direct evidence
Double jeopardy
Affirmative defense
44. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Registration
Product misuse
Personal property
45. Questions relating to the interpretation or application of the law.
Substantial capacity test
Harmless error
Questions of law
Procedural facts
46. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Lexis
Annotated statutes
Intentional tort
Peremptory challenge
47. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Jurisdiction
Landmark decision
Appellee or respondent
48. The party in a case who has initiated an appeal.
Statute in derogation of the common law
Shepardizing
Legal fiction
Appellate or petitioner
49. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
International Paralegal Management Association (IPMA) www.paralegal management.org
Reverse
Restrictive covenant
50. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Reverse
Relevancy
Grand jury