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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. Broad questions that put few limits on the freedom of the respondent.
Lay witness
Tenancy in common
Open Questions
Lay advocate
2. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Practice of law
General jurisdiction
Minimum contacts
3. The process of legislative enactment of areas of the law previously governed solely by the common law.
Annotated statutes
Jurisdiction
Codification of the common law
Secondary authority
4. An advance or down payment that is given to engage the services of an attorney.
Retainer
Assault
Beyond a reasonable doubt
Hypertext links
5. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Remand
Assault
Certificated
Registration
6. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Issue
Contingency Fee
Shepardizing
Citation
7. Land and objects permanently attached to land.
Materiality
Majority opinion
Tenancy by the entirety
Real property
8. A request that the court order that certain information not be mentioned in the presence of the jury.
Codification
Criminal law
Dissenting opinion
Motion in limine
9. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Rule
Circumstantial evidence
Writ of certiorari
10. The opinion of a jury on a question of fact.
Motion to require a finding of not guilty
Verdict
Direct evidence
Subject matter jurisdiction
11. 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.
Legal clinic
Constitutional law
Defendant
Federal question jurisdiction
12. Cases that involve similar facts and rules of law.
Affirm
Active Listening
Model Rules of Professional Conduct
Analogous cases
13. 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
Affirmative defense
Subsequent case history
Equity
Unofficial reporter
14. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Warrant
Questions of law
Writ of habeas corpus
Search engine
15. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Common law
Nolo contendere
Remedial statute
Exclusionary rule
16. A special type of joint tenancy applicable only to married couples.
Clearly erroneous
American Bar Association (ABA) www.abanet.org
Tenancy by the entirety
Liberal construction
17. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
per curium
Lay a foundation
On all fours
Beyond a reasonable doubt
18. An approach whereby the courts give a statute a narrow interpretation.
Court of record
Strict construction
Legal technician
Issue of first impression
19. The chronological publication of statutes at the end of a legislative session.
Authentication
Clear and convincing
Criminal law
Statutes at large or session laws
20. The failure of an attorney to act reasonably.
Case citation
Legal malpractice
Motion to suppress
Legal writing
21. When an appellate court sends a case back to the trial court for a new trial or other action.
Federal question jurisdiction
Legal clinic
Judicial restraint
Remand
22. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Assumption of the risk
Irresistible impulse test
Conflict of interest
Restatement of the Law of Torts - Second
23. A judicial philosophy that supports an active role for the judiciary in changing the law.
Constructive eviction
Slip laws
Judicial activism
Official reporter
24. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Dictum
Overrule
Comparative negligence
25. An agreement supported by consideration.
Digest
Negligence per se
Billable hours
Contract
26. A trial conducted without a jury.
Stop and frisk
Consideration
Affirm
Bench trial
27. The law itself - such as statutes and court opinions.
Power of judicial review
Damages
Adverse possession
Primary authority
28. 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.
Guardian
Paralegal
Comparative negligence
Arraignment
29. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Partnership
Full-text searches
Verdict
Default judgment
30. In a case brief - the general legal principle in existence before the case began.
Voir dire
Harmless error
Contract
Rule
31. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Double jeopardy
Summons
Administrative law
Hypertext links
32. A person who initiates an appeal.
Appellant or petitioner
Retreat exception
12(b)(6) motion
Unauthorized practice of law
33. In logic - a belief that justifies one in arguing a conclusion.
Entrapment
Laws
Assumption
Clear and convincing
34. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Stare decisis
Actual cause
Void for vagueness
Real or physical evidence
35. General principles that guide the courts in their interpretation of statutes.
Tenancy in common
Canons of construction
Concurrent conflict of interest
Arraignment
36. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Arbitration
Lay a foundation
Limited jurisdiction
37. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment proof
Judgment
Freelance Paralegal
Beyond a reasonable doubt
38. A term used to describe a case that is similar to another case.
On point
Double jeopardy
Retreat exception
Exclusionary rule
39. Court decisions from a higher court in the same jurisdiction.
International Paralegal Management Association (IPMA) www.paralegal management.org
Guardian
Removal
Mandatory authority
40. Any tangible object - like a bloody glove.
Grand jury
Plea bargaining
Real or physical evidence
Arbitration
41. A repeat offender; one who continues to commit more crimes.
Double jeopardy
Constitutional law
Recidivist
per curium
42. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Concurrent jurisdiction
Persuasive authority
Respondeat superior
Irresistible impulse test
43. A witness who has not been shown to have any special expertise.
Lay witness
Concurring opinion
Verdict
Invasion of Privacy
44. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Ethical wall or screen or cone of silence
Statutory element
Exigent circumstances
Judicial notice
45. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Cross-claim
Necessity
Subpoena duces tecum
Statute of limitations
46. Also known as real estate; land and items growing on or permanently attached to that land.
Bailment
Rule 56 motion (summary judgment motion)
Concurrent conflict of interest
Real Property
47. The papers that begin a lawsuit-generally - the complaint and the answer.
Conflict of interest
Pleadings
Primary authority
Remedial statute
48. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Interrogatories
Tenancy in common
Stop and frisk
Headnote
49. A court's prior permission for the police to search and seize.
Notice pleading
Rule
Warrant
Concurrent conflict of interest
50. A warrant that allows the police to enter without announcing their presence in advance.
Legal malpractice
Real or physical evidence
No-knock warrant
Procedural law