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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. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Legislative intent
Negligence per se
Headnote
2. A public or private statement that an attorney's conduct violated the code of ethics.
Beyond a reasonable doubt
M'Naghten test
Vicarious representation
Reprimand or censure
3. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Administrative law
Default judgment
Defendant
On all fours
4. Liability without having to prove fault.
Pleading in the alternative
Directed verdict
Strict liability
Restatement of the Law of Torts - Second
5. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Deductive reasoning
Judgment
Voir dire
Mens rea
6. 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.
Syllabus
Pretrial motion
Stare decisis
Booking
7. The power of government to take private property for public purposes.
Eminent Domain
Third-party claim
Shepardizing
Holding
8. The power of a court to force a person to appear before it.
Concurrent conflict of interest
Personal jurisdiction
Lay witness
Bailment
9. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Mandatory authority
Criminal law
Codification of the common law
Adverse possession
10. The rule requiring that the original document be produced at trial.
Enabling act
Remand
Best evidence rule
Transition
11. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Substantive law
Internet
Inculpatory evidence
12. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Strict construction
Negligence
Cumulative evidence
13. 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
Authentication
Major premise
Harmless error
14. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Civil law
Judgment proof
Unauthorized practice of law
Liberal construction
15. Cases that involve different facts and/or rules of law.
Distinguishable cases
Judicial restraint
Headnote
Limited liability partnership (LLP)
16. Summary of one legal point in a court opinion; written by the editors at West.
Leading question
Personal jurisdiction
Headnote
Motion to require a finding of not guilty
17. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Rules of evidence
Entrapment
Successive conflict of interest
National Association of Legal Assistants (NALA) www.nala.org
18. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Rule 56 motion (summary judgment motion)
Questions of law
Original jurisdiction
Restrictive covenant
19. 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
Dissenting opinion
Materiality
Disbarment
20. A witness who has not been shown to have any special expertise.
Duress
Motion
Lay witness
Respondeat superior
21. 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.
Fact
Professional Corporation (PC)
Plain meaning
Overrule
22. Rules of conduct promulgated and enforced by the government.
Tenancy in common
Hypertext links
Majority opinion
Laws
23. A term used to describe a case that is similar to another case.
On point
Legislative history
Citation
Injunction
24. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Pocket part
Invasion of Privacy
Trial courts
Assault
25. The rules whereby all members of a law firm are treated as though they had represented the former client.
Search engine
Unauthorized practice of law
Legal technician
Vicarious representation
26. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Reverse
Bailment
American Bar Association (ABA) www.abanet.org
Real Property
27. The educated ability to apply law to specific facts.
Professional judgment
Compensatory damages
Unauthorized practice of law
Disbarment
28. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Remand
Tort law
Alternative dispute resolution (ADR)
Class action suit
29. In a case brief - facts that deal with what happened to the parties before the litigation began.
Attorney-client privilege
Strict construction
Substantive facts
Clearly erroneous
30. A business run by two or more persons as co-owners.
Federal question jurisdiction
Partnership
Criminal law
Product misuse
31. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Bill of Rights
Annotated statutes
Default judgment
Invasion of Privacy
32. Books that contain appellate court decisions. There are both official and unofficial reporters.
Bench trial
Valid
Negligence
Case reporters
33. All property that is not real property.
Invasion of Privacy
Personal property
Self-defense
Battered woman's or spouse's syndrome
34. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Tenancy in common
Battered woman's or spouse's syndrome
Original jurisdiction
35. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Enabling act
Subject matter jurisdiction
Road Map paragraph
Appellant or petitioner
36. A tort committed by one who intends to do the act that creates the harm.
Statute in derogation of the common law
Relevancy
Intentional tort
Booking
37. A person who initiates an appeal.
Appellant or petitioner
Contributory negligence
Affirm
Rules of criminal procedure
38. The law itself - such as statutes and court opinions.
Primary authority
Motion to require a finding of not guilty
Appellant or petitioner
Digest
39. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Concurrent jurisdiction
Circumstantial evidence
Removal
40. The failure to act reasonably under the circumstances.
Inculpatory evidence
Reversible error
Negligence
Issue of first impression
41. An agreement supported by consideration.
Verdict
Contract
Tickler System
Personal recognizance bond
42. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Holding
Codification of the common law
Valid
Bail
43. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Insanity defense
12(b)(6) motion
Fact
Comparative negligence
44. The power of a court to hear a case.
Civil law
Jurisdiction
Fact
Codification
45. A document that lists statements regarding specific items for the other party to admit or deny.
U.S. district courts
Plaintiff
Request for admissions
Bill of Rights
46. Law that deals with harm to a person or a person's property.
Tort law
Third-party claim
Retainer agreement
Circumstantial evidence
47. A national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Battered woman's or spouse's syndrome
Double jeopardy
Arraignment
48. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Recidivist
Mediation
Deponent
Summary jury trials
49. Establishes a direct link to the event that must be proven.
Real property
Voir dire
Direct evidence
Court of record
50. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Rule 56 motion (summary judgment motion)
Indictment
Service
Paralegal