Paralegal 010 - Introduction to Law and the Legal Profession » Fall 2018 » Quiz
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Question #1
It refers to the process of finding the law
A.
Consideration
B.
Contract
C.
procedural law
D.
legal research
Question #2
It refers to the process of taking the legal rule and applying it to the client's specific factual situation
A.
Contract
B.
legal analysis
C.
Consideration
D.
procedural law
Question #3
This refers to the first step in legal analysis
A.
Identify the appropriate legal rules
B.
applying the legal rules to the facts
C.
gather and review the facts
Question #4
It deals with harm against an individual
A.
substantive law
B.
procedural law
C.
criminal law
D.
civil law
Question #5
It deals with harm against the society as a whole
A.
civil law
B.
procedural law
C.
substantive law
D.
criminal law
Question #6
It defines our legal rights and duties
A.
criminal law
B.
substantive law
C.
legal analysis
D.
civil law
Question #7
It is comprised of the rules that govern how the legal system operates
A.
substantive law
B.
civil law
C.
criminal law
D.
procedural law
Question #8
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
A.
Federalism
B.
Monarchy
C.
Oligarchy
D.
Democracy
Question #9
It refers to a legal question that involves the application of a federal law
A.
procedural law
B.
Clear and convincing evidence
C.
federal question
D.
substantive law
Question #10
It refers to the powers not stated in the Constitution but that are necessary for Congress to carry out other, expressly granted powers.
A.
substantive law
B.
Doctrine of Implied Powers
C.
federal question
D.
procedural law
Question #11
In this case, the US Supremen Court interpreted the commerce clause as giving the federal government the power to regulate not only the movement of things that cross state lines but also any activity that has an effect upon interstate commerce
A.
Roe v. Wade
B.
Miranda v. Arizon
C.
Gibbons v. Ogden
Question #12
Although the federal government must trace all of its powers back to a specific constitutional authorization, the states are allowed to make any laws they deem appropriate for the health, welfare, safety and morals of their citizens as long as those laws are not prohibited by the US Constitution
A.
FALSE
B.
TRUE
Question #13
It refers to the constitutional prohibition against being tried twice for the same crime
A.
Self Incrimination
B.
Double Jeopardy
C.
Freedom of Religion
D.
Freedom of Expression
Question #14
It refers to the power of the federal government to prevent the states from passing conflicting laws, and sometimes even to prohibit states from passing any laws on a particular subject
A.
Preemption
B.
procedural law
C.
substantive law
D.
Doctrine of Implied Powers
Question #15
It refers to the person who initiates a lawsuit
A.
Defendant
B.
Misdemeanors
C.
Plaintiff
D.
Felonies
Question #16
It refers to the person that is being sued in a lawsuit or the person who is being charged with a crime
A.
Plaintiff
B.
Defendant
C.
actus reus
D.
mens rea
Question #17
It refers to the standard of proof used in criminal trials. The evidnence presented must be so conclusive and complete that no reasonable doubt regarding the facts remain
A.
Beyond a reasonable doubt
B.
preponderance of evidence
C.
Clear and convincing evidence
D.
substantial proof
Question #18
It refers to the standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
A.
Beyond a reasonable doubt
B.
Clear and convincing evidence
C.
Preponderance of evidence
Question #19
It refers to the standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt
A.
Beyond a reasonable doubt
B.
Clear and convincing evidence
C.
Preponderance of evidence
Question #20
It is a type of remedy in civil case where the defendant pays the plainttiff for the harm he has done
A.
Damages
B.
Injunction
C.
Doctrine of Implied Powers
D.
Preemption
Question #21
It is a type of remedy in a civil case where the court orders the defendant to take some specific action or to cease acting in a specific way
A.
Damages
B.
Injunction
C.
Doctrine of Implied Powers
D.
Preemption
Question #22
It is a type of crime which involves serious crimes such as murder, rape, armed robbery, and aggravated assault
A.
mens rea
B.
Misdemeanors
C.
Felonies
D.
actus reus
Question #23
It is a type of crime which involves lesser charges such as disorderly conduct and criminal damage to property
A.
Plaintiff
B.
Felonies
C.
Misdemeanors
D.
Defendant
Question #24
To secure conviction, the prosecution must establish that the accused had the bad intent
A.
mens rea
B.
actus reus
C.
Misdemeanors
D.
Felonies
Question #25
To secure conviction, the prosecution must establish that the accused committed bad behavior
A.
actus reus
B.
Damages
C.
Injunction
D.
mens rea
Question #26
It refers to what the prosecution or plaintiff must be able to prove in order for the case to go to the jury, the elements of the prosecution's case or the plaintiff's cause of action
A.
prima facie case
B.
Beyond a reasonable doubt
C.
Clear and convincing evidence
D.
preponderance of evidence
Question #27
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
A.
mens rea
B.
Cause of action
C.
actus reus
D.
Affirmative defense
Question #28
It refers to a defense whereby the defendant offers new evidence to avoid judgment
A.
actus reus
B.
Affirmative defense
C.
mens rea
D.
Cause of action
Question #29
It is a type of damages that is intended to compensate the plaintiff for the harm done to him or her
A.
Compensatory Damages
B.
Punitive Damages
C.
Nominal Damages
D.
intentional tort
Question #30
It is a type of damages that is designed to punish the defendant and typically are awarded only for intentional torts when the court deems that the torfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him
A.
Compensatory Damages
B.
Nominal Damages
C.
intentional tort
D.
Punitive Damages
Question #31
It s a type of damages that are awarded when the law has been violated by the plaintiff cannot prove any monetary harm
A.
Punitive Damages
B.
Compensatory Damages
C.
intentional tort
D.
Nominal Damages
Question #32
It is something of value that is exchanged to form the basis for a contract
A.
Real Property
B.
Consideration
C.
Personal Property
D.
Contract
Question #33
It is a legally enforceable written or verbal agreement supported by a consideration
A.
Contract
B.
Real Property
C.
Consideration
D.
Personal Property
Question #34
It refers to an area of law that deals with ownership and use of property
A.
tort law
B.
Property Law
C.
Negligence
D.
intentional tort
Question #35
It refers to the land and objects that are permanently attached to land
A.
Personal Property
B.
Misdemeanors
C.
Real Property
D.
Property Law
Question #36
It refers to all the properties that is not real property
A.
Personal Property
B.
Property Law
C.
Real Property
D.
Nominal Damages
Question #37
It refers to law that involves harm to a person or a person's property
A.
tort law
B.
intentional tort
C.
Negligence
D.
Nominal Damages
Question #38
It refers to a tort committed by one who intends to do the act that creates the harm
A.
intentional tort
B.
tort law
C.
Negligence
D.
Punitive Damages
Question #39
It refers to the failure to act reasonably under the circumstances
A.
tort law
B.
intentional tort
C.
Negligence
D.
actus reus
Question #40
It is a law that creates rights and duties
A.
Assumption of the Risk
B.
substantive law
C.
Statute of Limitations
D.
procedural law
Question #41
It is a law that regulates how the legal system operates
A.
Contributory Negligence
B.
procedural law
C.
substantive law
D.
Strict Liability
Question #42
The law that sees the legnth of time from when something happens to when a lawsuit must be filed before the right to bring it is lost
A.
substantive law
B.
Contributory Negligence
C.
procedural law
D.
Statute of Limitations
Question #43
It refers to the liability without the need of showing fault
A.
substantive law
B.
procedural law
C.
Strict Liability
D.
Contributory Negligence
Question #44
It refers to negligence by the plaintiff that contributed to his or her injury.
A.
Jurisdiction
B.
Assumption of the Risk
C.
Contributory Negligence
D.
Court
Question #45
It is when a person voluntarily and knowingly subjecting himself to danger
A.
Assumption of the Risk
B.
Statute of Limitations
C.
Strict Liability
D.
procedural law
Question #46
It refers to the method of measuring the relative negligence of the plaintiff and the defendant, with a commensurate decrease in the compensation for the injuries
A.
procedural law
B.
Comparative Negligence
C.
Statute of Limitations
D.
Assumption of the Risk
Question #47
It refers to the unit of the judicial branch of government that has the authority to decide disputes
A.
Court
B.
Statute of Limitations
C.
Assumption of the Risk
D.
Jurisdiction
Question #48
It refers to the power of a court to hear cases
A.
Assumption of the Risk
B.
Jurisdiction
C.
Statute of Limitations
D.
Court
Question #49
It refers to a defense requiring proof that a defendant would not have committed the crime but for police trickery
A.
Reverse
B.
Entrapment
C.
Majority Opinion
D.
Concurring Opinion
Question #50
When the appellate court agrees with what the lower court has done
A.
Concurring Opinion
B.
Affirm
C.
Majority Opinion
D.
Entrapment
Question #51
It refers to the trial court error that is not sufficient to warrant reversing the decision
A.
Reverse
B.
Harmless Error
C.
Entrapment
D.
Reversible Error
Question #52
It refers to an error that may have an impact on the judgment
A.
Harmless Error
B.
Majority Opinion
C.
Reversible Error
D.
Concurring Opinion
Question #53
When the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court
A.
Reverse
B.
Entrapment
C.
Affirm
D.
Remand
Question #54
When an appellate court sends the case back to the trial court for a new trial or other action
A.
Harmless Error
B.
Affirm
C.
Reverse
D.
Remand
Question #55
It rerers to an opinion in which majority of the court joins
A.
Concurring Opinion
B.
Contributory Negligence
C.
Dissenting Opinion
D.
Majority Opinion
Question #56
It refers to an opinion that agrees with the majority's result but disagrees with its reasoning
A.
Assumption of the Risk
B.
Dissenting Opinion
C.
Concurring Opinion
D.
Majority Opinion
Question #57
It refers to an opinion which disagrees with the majority's decision and its reasoning
A.
Majority Opinion
B.
Dissenting Opinion
C.
Concurring Opinion
D.
Comparative Negligence
Question #58
In the federal court system, it refers to all the courts other than the US Supreme Court
A.
US Court of Appeals
B.
Constitutional Courts
C.
US District Courts
D.
Inferior Courts
Question #59
It refers to a court established by the Article III of the U.S. Constitution
A.
US District Courts
B.
Inferior Courts
C.
US Supreme Court
D.
Constitutional Courts
Question #60
It refers to the general jurisdiction trial courts in the federal system
A.
Inferior Courts
B.
Constitutional Courts
C.
US Court of Appeals
D.
US District Courts
Question #61
It refers to the intermediate appellate courts in the federal system
A.
Constitutional Courts
B.
US District Courts
C.
Constitutional Courts
D.
US Court of Appeals
Question #62
It refers to the highest federal appellate court consisting of nine appointed members
A.
US Court of Appeals
B.
Constitutional Courts
C.
Inferior Courts
D.
US Supreme Court
Question #63
A court official who exercises limited judicial powers such as issuing subpoenas, conducting preliminary hearings and ruling on procedural motions
A.
US Court of Appeals
B.
Magistrate Judge
C.
Constitutional Courts
D.
Inferior Courts
Question #64
A court order requiring a person to testify at a trial or deposition
A.
Subpoena
B.
Affirm
C.
En Banc
D.
Remand
Question #65
When an appeallate court that normally sits in panels sits as a whole
A.
En Banc
B.
Reverse
C.
Subpoena
D.
Entrapment
Question #66
It refers to the tangible object such as the weapon used in the crime
A.
Real Evidence
B.
Documentary Evidence
C.
Judicial Notice
D.
Testimonial Evidence
Question #67
It refers to the records, contract, leases and other written instrument such as the suicide letter
A.
Documentary Evidence
B.
Testimonial Evidence
C.
Judicial Notice
D.
Real Evidence
Question #68
It refers to the description of events that the defendant testifies to under oath in a legal proceeding such as the testimony of a witness in court
A.
Corroborative Evidence
B.
Circumstantial Evidence
C.
Testimonial Evidence
D.
Real Evidence
Question #69
It refers to information which the judge consider as a fact without the necessity of attorneys having to prove it through the introduction of evidence
A.
Circumstantial Evidence
B.
Corroborative Evidence
C.
Real Evidence
D.
Judicial Notice
Question #70
It establishes a direct link to the event that must be proven
A.
Cumulative Evidence
B.
Corroborative Evidence
C.
Circumstantial Evidence
D.
Direct Evidence
Question #71
It refers to evidence does not establish a direct link but is used to establish a fact by implication
A.
Corroborative Evidence
B.
Cumulative Evidence
C.
Circumstantial Evidence
D.
Direct Evidence
Question #72
It refers to pieces of evidence that do not add new information but confirms facts that have already been established
A.
Cumulative Evidence
B.
Documentary Evidence
C.
Real Evidence
D.
Testimonial Evidence
Question #73
It serves to confirm facts that have already been established but through an evidence in different form
A.
Corroborative Evidence
B.
Cumulative Evidence
C.
Real Evidence
D.
Testimonial Evidence
Question #74
It refers to an evidence that leads one to logically conclude that an asserted fact is more or less probable
A.
Relevancy
B.
Case Management
C.
Hearsay
D.
Cloud Computing
Question #75
It refers to the statements made out of court which is introduced in court for the purpose of establishing the truth of what was said
A.
Hearsay
B.
Relevancy
C.
Cloud Computing
D.
e-discovery
Question #76
It refers to the motions on the part of an attorney to request the court to order the other party to obtain specific electronically stored information
A.
e-discovery
B.
Secondary Authority
C.
Mandatory Authority
D.
Primary Authority
Question #77
It refers to an individual witness who is not shown to have any special expertise
A.
Mandatory Authority
B.
Secondary Authority
C.
Primary Authority
D.
Lay Witness
Question #78
It allows law firms to store programs and data on a remote server rather than on a specific computer located within the law firm
A.
Primary Authority
B.
Cloud Computing
C.
Mandatory Authority
D.
Case Management
Question #79
It refers to managing the flow of information involved in handling a case with the law office.
A.
Case Management
B.
Cloud Computing
C.
Primary Authority
D.
Mandatory Authority
Question #80
It refers to a calendar system that records and important deadlines for a client
A.
Contingency Fee
B.
Fixed Fee
C.
Hourly Fee
D.
Tickler System
Question #81
It is one of the traditional billing methods where there is a set charge usually used for routine tasks and fixed service.
A.
Contingency Fee
B.
Fixed Fee
C.
Tickler System
D.
Hourly Fee
Question #82
It refers to a fee calculated as a percentage of the settlement or award in the case
A.
Tickler System
B.
Hourly Fee
C.
Fixed Fee
D.
Contingency Fee
Question #83
It refers to the fee charged based on the number of hours an attorney or paralegal works on the client’s case
A.
Hourly Fee
B.
Fixed Fee
C.
Tickler System
D.
Contingency Fee
Question #84
It refers to the law itself such as the statutes and the court opinions
A.
Secondary Authority
B.
Primary Authority
C.
Hearsay
D.
Mandatory Authority
Question #85
It refers to information about the law such as those that can be found in encyclopedias and legal review articles
A.
Primary Authority
B.
e-discovery
C.
Mandatory Authority
D.
Secondary Authority
Question #86
It refers to a statute or a court opinion from a higher court in the same jurisdiction
A.
Mandatory Authority
B.
Primary Authority
C.
Secondary Authority
D.
Lay Witness
Question #87
It is an essential tool in legal research because it helps determine whether the research is complete and up to date
A.
Cloud Computing
B.
Primary Authority
C.
Direct Evidence
D.
Citator
Question #88
In Shepartds, it refers to any information that happened procedurally to the litigation after the case was cited
A.
Case Management
B.
Circumstantial Evidence
C.
Subsequent History
D.
Secondary Authority
Question #89
It refers to a rule in evidence that allows attorneys to refuse to testify or divulge any confidential information he may have obtained from the client
A.
Cumulative Evidence
B.
Mandatory Authority
C.
Ethical Wall
D.
Attorney-Client Privilege
Question #90
It refers to a formal screening process that seeks to isolate a paralegal from participating in the new case
A.
Tickler System
B.
Attorney-Client Privilege
C.
Corroborative Evidence
D.
Ethical Wall
Question #91
It is considered as an alternative approach to litigation
A.
Mediation
B.
Arbitration
C.
Administrative Hearing
D.
Alternative Dispute Resolution
Question #92
When a neutral third party assists the parties to the dispute to arrive at a compromise
A.
Summary Judgment
B.
Administrative Hearing
C.
Arbitration
D.
Mediation
Question #93
It is an alternative mode of dispute resolution who has the power to render binding decisions even if the parties refuse to agree with the decision
A.
Pre-trial conference
B.
Arbitration
C.
Mediation
D.
Administrative Hearing
Question #94
it refers to the doctrine that requires the parties to first settle the matter with the administrative agency before filing a suit in court
A.
Administrative Hearing
B.
Peremptory challenge
C.
Voir Dire
D.
doctrine of exhaustion of administrative remedies
Question #95
in this type of hearing, there is no need for the parties to strictly adhere to the formal rules of evidence
A.
Summons
B.
Administrative Hearing
C.
Pre-trial conference
D.
Caption
Question #96
It is the pleading that initiates the lawsuit
A.
Complaint
B.
Summary Judgment
C.
cross claim
D.
counterclaim
Question #97
It contains the defendant’s response to the allegations against him
A.
Complaint
B.
counterclaim
C.
Answer
D.
cross claim
Question #98
In the Answer, the defendant may indicate his own claim against the defendant.
A.
cross claim
B.
Summary Judgment
C.
Discovery
D.
counterclaim
Question #99
It is a claim by one of the defendants against a co-defendant.
A.
cross claim
B.
Complaint
C.
Discovery
D.
counterclaim
Question #100
It refers to the claim by a defendant against a third party who is not included in the suit.
A.
Caption
B.
third party claim
C.
Pre-trial conference
D.
motion for new trial
Question #101
It is found in the heading section which states the names of the parties, name of the court, the title of the action, the docket file number, and the name of the pleading
A.
Discovery
B.
Administrative Hearing
C.
Caption
D.
Arbitration
Question #102
It is a formal notice to the defendants named in the lawsuit informing them that a suit has been filed against them and what must be done in order to respond to the allegations named in the complaint
A.
Caption
B.
Interrogatories
C.
Pre-trial conference
D.
Summons
Question #103
In this judgment, the court considers other evidence such as depositions, answers to interrogatories, admissions on file and affidavits before making a ruling that there is no genuine issue on a material fact
A.
Voir Dire
B.
motion for a judgment notwithstanding the verdict
C.
Summary Judgment
D.
Peremptory challenge
Question #104
It is a strategy recognized under the rules of evidence allowing the litigants to assess the strength of the case of the opposing party
A.
Caption
B.
Discovery
C.
Pre-trial conference
D.
Summons
Question #105
It refers to the written questions sent by one party to another which the other party is required to answer under oath
A.
Interrogatories
B.
Caption
C.
Summons
D.
Pre-trial conference
Question #106
it refers to the meeting between the attorneys handling the case and the judge hearing the case prior to the beginning of the trial
A.
cross claim
B.
Pre-trial conference
C.
Discovery
D.
Summary Judgment
Question #107
It refers to the examination of the prospective juror for the purpose of determining if the jury is fit to serve as a jury in the case
A.
Administrative Hearing
B.
Pre-trial conference
C.
Mediation
D.
Voir Dire
Question #108
It refers to a method of challenging an individual from being chosen as a member of the jury without the need for giving a specific reason
A.
Verdict
B.
motion for a judgment notwithstanding the verdict
C.
Peremptory challenge
D.
Voir Dire
Question #109
It refers to the opinion of a jury on a question of fact
A.
Verdict
Question #110
It refers to the decision of the court regarding the claims of either the plaintiff or the defendant
A.
Judgment
Question #111
It refers to the motion of the losing party to reverse the jury’s verdict on the ground that the evidence is insufficient to support a verdict
A.
motion for a judgment notwithstanding the verdict
Question #112
It refers to the motion based on errors and irregularities that took place during the trial
A.
motion for new trial
Question #113
It refers to the factual issues surrounding the case such as the what took place, where did it take place, when did it take place, and how did it take place
A.
Question of Fact
Question #114
It relates to the application of the law on the factual issues of the case such as what specific law is applicable and how should it be applied to the case
A.
Question of Law
Question #115
It refers to the trials that take place in front of a judge
A.
Bench Trial
Question #116
it refers to a trial where a jury composed of the members of the community are asked to listen to the evidence and render a verdict
A.
Jury Trial
Question #117
These courts have the power to hear any type of cases within their geographical area.
A.
Courts of general jurisdiction
Question #118
These courts have the power to hear only those special cases such as probate, domestic relations and traffic.
A.
Courts of limited jurisdiction
Question #119
In these courts the cases are first filed such as the trial courts.
A.
Courts of Original Jurisdiction
Question #120
These courts are where cases are filed on appeal from the trial courts.
A.
Courts of Appellate Jurisdiction
Question #121
When there is only one court that has the power to hear a case to the exclusion of others
A.
Courts of Exclusive Jurisdiction
Question #122
When more than one court has the power to hear the case
A.
Courts of Concurrent Jurisdiction
Question #123
It refers to the system of government where the power to make various types of laws is divided between a central government known as the federal government and the regional government known as the state government
A.
Federalism
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