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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. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Open Questions
U.S. district courts
Shepardizing
2. A defense requiring proof that the defendant was not mentally responsible.
Judicial activism
Treatment
Clear and convincing
Insanity defense
3. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Subsequent case history
Limited jurisdiction
Quiet enjoyment
Documentary evidence
4. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Assault
Concluding paragraph
Subpoena duces tecum
Fruit of the poisonous tree doctrine
5. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Motion
Charging the jury
Affirmative defense
6. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Directed verdict
Billable hours
Summons
7. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Booking
Active Listening
Court of record
Retainer agreement
8. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Assumption of the risk
Arraignment
On all fours
Official reporter
9. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Reasonable suspicion
Joint tenancy
Statutes of limitations
Code
10. 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
Overbreadth
Strict liability
11. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Summary jury trials
Punitive damages
Alternative dispute resolution (ADR)
Personal property
12. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Regulation
Hypertext links
Popular name table
Strict liability
13. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Real Property
Legal fiction
Judicial notice
Criminal law
14. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Compulsory joinder
Assumption of the risk
Default judgment
Appellee or respondent
15. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Fruit of the poisonous tree doctrine
Disbarment
Federalism
Guardian
16. A person who initiates a lawsuit.
Plaintiff
Deposition
International Paralegal Management Association (IPMA) www.paralegal management.org
Holding
17. 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.
18. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Intentional tort
Guardian
Counterclaim
19. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Statute of limitations
Exhaustion of administrative remedies
Necessity
Writ of execution
20. The educated ability to apply law to specific facts.
Relevancy
Legal technician
Professional judgment
Specific performance
21. Summary of one legal point in a court opinion; written by the editors at West.
Contingency Fee
Headnote
Statute in derogation of the common law
Mistrial
22. The law itself - such as statutes and court opinions.
Primary authority
Recidivist
U.S. Supreme Court
On point
23. The modern pretrial procedure by which one party gains information from the adverse party.
Discovery
En banc
Reversible error
Property
24. A right to use property owned by another for a limited purpose.
Legal writing
Challenge for cause
Respondeat superior
Easement
25. Law dealing with ownership.
Property law
Popular name table
Easement
Road Map paragraph
26. 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.
Judicial notice
Holding
Comparative negligence
Minimum contacts
27. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Grand jury
Cross-claim
Mediation
Fixed Fee
28. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Comparative negligence
Motion for a new trial
Digest
Motion to suppress
29. Standard used by appellate courts when reviewing a trial court's findings of fact.
Stop and frisk
Stare decisis
Minor premise
Clearly erroneous
30. A national voluntary organization of lawyers.
Prior case history
Legal malpractice
Judicial notice
American Bar Association (ABA) www.abanet.org
31. The general jurisdiction trial courts in the federal system.
U.S. district courts
Certified
Code of Federal Regulations (C.F.R.)
Rules of evidence
32. Evidence that does not add any new information but that confirms facts that already have been established.
Digest
Cumulative evidence
Evidence
Harmless error
33. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Charging the jury
Minimum contacts
Cause of action
Clearly erroneous
34. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
En banc
Procedural law
Code
35. 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.
Disposition
International Paralegal Management Association (IPMA) www.paralegal management.org
Motion to suppress
Certified
36. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Narrow Holding
Hearsay
Battery
Verification
37. The transfer of a case from one state court to a federal court.
Removal
Liberal construction
Relevancy
Peremptory challenge
38. The process of finding the law.
Execute
Legal Research
Real Property
Recklessness
39. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Valid
Stare decisis
Affirm
40. Law that deals with harm to society as a whole.
Specific performance
Criminal law
Shepardizing
Motion to suppress
41. A witness who has not been shown to have any special expertise.
Federalism
Rule 56 motion (summary judgment motion)
Lay witness
Tenancy in common
42. A case listed in Shepard's that cites your case.
Federalism
Trial courts
Valid
Citing case
43. 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
Separation of powers
Legal Reasoning
Full-text searches
44. The power of a court to hear a case.
Jurisdiction
Negligence
Practice of law
Subpoena duces tecum
45. The party in a case against whom an appeal has been filed.
Appellee or respondent
Agent
Pocket part
Circumstantial evidence
46. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Challenge for cause
Third-party claim
Arraignment
47. A national association of paralegal managers.
Diversity jurisdiction
Headnote
International Paralegal Management Association (IPMA) www.paralegal management.org
Headnote
48. A person who permits or directs another person to act on the principal's behalf.
Limited jurisdiction
Principle
Procedural facts
U.S. Court of Appeals
49. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Potential conflict
Summons
Remand
50. A national organization of paralegal programs that promotes high standards for paralegal education.
Battered woman's or spouse's syndrome
American Association for Paralegal Education (AAfPE) www.aafpe.org
Rules of evidence
Trial courts