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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. Law that regulates how the legal system operates.
Legal fiction
Procedural law
Damages
Suspension
2. An advance or down payment that is given to engage the services of an attorney.
Retainer
Concurring opinion
Criminal law
Proving a case within a case
3. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Regulation
Narrow Holding
Judgment notwithstanding the verdict (judgment N.O.V.)
Issue
4. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Tickler System
Remedial statute
Exculpatory evidence
Assumption of the risk
5. 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
Registration
Exigent circumstances
Judicial activism
6. Not factually true - but accepted by the courts as being legally true.
Limited jurisdiction
Negligence
Constructive
Potential conflict
7. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Defendant
Arraignment
Concurrent jurisdiction
Personal property
8. Proof that the evidence is what it is said to be.
Negligence
Proving a case within a case
Full-text searches
Authentication
9. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Narrow Holding
Legal clinic
Insanity defense
Common law
10. The process of organizing statutes by subject matter.
Codification
Appellate brief
Recklessness
Clear and convincing
11. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Annotated statutes
Unauthorized practice of law
Recidivist
Code of Federal Regulations (C.F.R.)
12. When only one court has the power to hear a case.
Removal
Charging the jury
Exclusive jurisdiction
Complaint
13. To perform.
Administrative law
Loislaw
Execute
Appellee or respondent
14. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Statute in derogation of the common law
Minimum contacts
Real property
Mistrial
15. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Recidivist
Shepardizing
Necessity
Dissenting opinion
16. The person who is being asked questions at a deposition.
Headnote
Deponent
Preponderance of the evidence
Pocket part
17. The failure to act reasonably under the circumstances.
Harmless error
Regulation
Legal Research
Negligence
18. 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.
Statute of limitations
Leading question
Writ of certiorari
Rule 56 motion (summary judgment motion)
19. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Major premise
Prior case history
Equity
Strict liability
20. Specific questions that usually demand very short or yes-no answers.
Quiet enjoyment
Property
Double jeopardy
Closed Questions
21. 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
Double jeopardy
Challenge for cause
Best evidence rule
22. A case listed in Shepard's that cites your case.
Client trust account
Beyond a reasonable doubt
per curium
Citing case
23. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Statutes at large or session laws
Strict liability
Procedural facts
Legal fiction
24. The power of government to take private property for public purposes.
Registration
Ejusdem generis
Eminent Domain
U.S. Supreme Court
25. 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.
Potential conflict
Caption
Affirm
Rule 56 motion (summary judgment motion)
26. A provision in a deed that prohibits specified uses of the property.
Testimonial evidence
Restrictive covenant
Judicial review
Valid
27. 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.
Reverse
Dissenting opinion
Separation of powers
Overrule
28. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Certified
Assault
Westlaw
Preponderance of the evidence
29. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Real property
Joint tenancy
Interrogatories
30. The court's power to review statutes to decide whether they conform to the Constitution.
Reverse
Judicial review
Analogous cases
Concurring opinion
31. Generally - an emergency situation that allows a search to proceed without a warrant.
Exigent circumstances
Paralegal
Remand
Injunction
32. The rule requiring that the original document be produced at trial.
Tenancy by the entirety
Leading question
Best evidence rule
Retreat exception
33. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Substantive facts
Codification
Cause of action
34. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Liberal construction
Cross-examination
Doctrine of implied powers
35. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Equity
Holding
Leading questions
36. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Judgment proof
Civil law
Transition
Legal services offices
37. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Ejusdem generis
Double jeopardy
Legal writing
38. 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.
Primary authority
Count
Pretrial motion
Certified
39. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Statutory element
Restatement of the Law of Torts - Second
Verification
Product misuse
40. When a higher court agrees with what lower court has done.
M'Naghten test
Circumstantial evidence
Affirm
Pinpoint cite
41. 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.
Slip laws
Treatment
Battered woman's or spouse's syndrome
Evidence
42. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Statutes of limitations
Warrant
Exhaustion of administrative remedies
43. A national association of paralegal managers.
Billable hours
Implied warranty of habitability
Judgment
International Paralegal Management Association (IPMA) www.paralegal management.org
44. In a case brief - the rule of law applied to the case's specific facts.
Issue
Property
Concurring opinion
Doctrine of implied powers
45. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Pretrial motion
Punitive damages
Bailment
Equity
46. A defense whereby the defendant offers new evidence to avoid judgment.
Assumption
Stare decisis
Circumstantial evidence
Affirmative defense
47. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Primary authority
Freelance Paralegal
Punitive damages
Joint tenancy
48. The power of the federal courts to hear matters of federal law.
Punitive damages
Federal question jurisdiction
Motion in limine
Partnership
49. A trial conducted without a jury.
Nolo contendere
Jurisdiction
No-knock warrant
Bench trial
50. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
False imprisonment
National Association of Legal Assistants (NALA) www.nala.org
Rule 56 motion (summary judgment motion)
Overbreadth