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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. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Compulsory joinder
per curium
Statute of limitations
Minor premise
2. A form in which statutes are published; they are printed individually at the time they are first enacted.
Headnote
Slip laws
Agent
Writ of habeas corpus
3. To perform.
Alternative dispute resolution (ADR)
U.S. district courts
Inculpatory evidence
Execute
4. A right to use property owned by another for a limited purpose.
Reverse
Easement
Personal recognizance bond
Caption
5. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Mistrial
Removal
Direct evidence
6. In a case brief - the general legal principle in existence before the case began.
Restrictive covenant
Rule
Default judgment
Secondary authority
7. The rule requiring that the original document be produced at trial.
Best evidence rule
Summons
Conflict of interest
Legal services offices
8. A court opinion that establishes new law in an important area.
Cumulative evidence
Landmark decision
12(b)(6) motion
Circumstantial evidence
9. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Hourly rate
Personal recognizance bond
Injunction
10. The papers that begin a lawsuit-generally - the complaint and the answer.
Arraignment
Pleadings
Battered woman's or spouse's syndrome
Legislative intent
11. An intentional act that creates a harmful or offensive physical contact.
Ejusdem generis
Headnote
Legal writing
Battery
12. A worldwide network of computer networks.
Internet
Full-text searches
Constitutional law
Legal clinic
13. A trial conducted without a jury.
Certified
Treatment
Bench trial
per curium
14. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Restatement of the Law of Torts - Second
Appellee or respondent
Subsequent case history
Retainer agreement
15. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Directed verdict
Clearly erroneous
Counterclaim
16. 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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17. A provision that purports to waive liability.
Personal property
Summons
Direct evidence
Exculpatory clause
18. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Leading questions
Cross-examination
Product misuse
Minor premise
19. The educated ability to apply law to specific facts.
Double jeopardy
Court of record
Legal writing
Professional judgment
20. The person who is being asked questions at a deposition.
Dissenting opinion
Deponent
Doctrine of implied powers
Nominal damages
21. General principles that guide the courts in their interpretation of statutes.
Legal technician
Canons of construction
Strict construction
Rules of criminal procedure
22. 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.
Federal question jurisdiction
Federalism
Exculpatory clause
Answer
23. A claim by the defendant against the plaintiff.
Arrest
Counterclaim
Proving a case within a case
Statutory element
24. A person who permits or directs another person to act on the principal's behalf.
Motion to require a finding of not guilty
Statute in derogation of the common law
Common law
Principle
25. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Notice pleading
Substantial capacity test
Unauthorized practice of law
Deponent
26. The process of legislative enactment of areas of the law previously governed solely by the common law.
Reverse
Intentional tort
Codification of the common law
Doctrine of implied powers
27. A calendering system that records key dates and important deadlines.
Administrative law
Self-defense
Tickler System
Subpoena
28. The new legal principle established by a court opinion.
Holding
Motion in limine
Slip laws
Adverse possession
29. Questions relating to the interpretation or application of the law.
Motion to suppress
Questions of law
Plain meaning
Disposition
30. Bad act.
Disbarment
American Bar Association (ABA) www.abanet.org
Comparative negligence
Actus rea
31. A computerized database that contains the full text of documents - such as court opinions or depositions.
Ejusdem generis
Direct examination
Disbarment
Full-text database
32. Questions that suggest the answer.
Retainer
Leading questions
Booking
Evidence
33. A suspicion based on specific facts; less than probable cause.
Holding
Loislaw
Reasonable suspicion
Expert witness
34. A national association of paralegal managers.
Writ of certiorari
International Paralegal Management Association (IPMA) www.paralegal management.org
Issue
Major premise
35. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Circumstantial evidence
Standing
Verification
Jurisdiction
36. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Concurring opinion
Headnote
Affirmative defense
37. Bad intent.
Code
Double jeopardy
Mens rea
Hourly rate
38. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Deposition
Miranda warnings
Exclusionary rule
39. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Counterclaim
Overrule
Persuasive authority
Arraignment
40. The law itself - such as statutes and court opinions.
Concluding paragraph
Primary authority
Affirm
Court of record
41. Standard used by appellate courts when reviewing a trial court's findings of fact.
Closed Questions
Exigent circumstances
Shepardizing
Clearly erroneous
42. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Substantive facts
Grand jury
Potential conflict
Recidivist
43. When an appellate court overturns or negates the decision of a lower court.
Reverse
Retainer
Derogation of the common law
Federalism
44. Generally accepted legal principles.
Annotated statutes
Direct evidence
Black-letter law
Regulation
45. Voluntarily and knowingly subjecting oneself to danger.
Pretrial conference
Third-party claim
Pleading in the alternative
Assumption of the risk
46. 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.
Standing
Statutes at large or session laws
Code
Doctrine of implied powers
47. A constitutional protection against being tried twice for the same crime.
Issue
Double jeopardy
Legal Reasoning
Federal question jurisdiction
48. 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.
Minimum contacts
Billable hours
Constitutional law
Count
49. When the defendant does not have sufficient money or other assets to pay the judgment.
Grand jury
Digest
Judgment proof
Regulation
50. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Real or physical evidence
Constructive
Codification
Prima facie case