Paralegal 010 - Introduction to Law and the Legal Profession » Fall 2018 » Quiz 1
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Question #1
It refers to the process of finding the law
A.
Consideration
B.
legal research
C.
procedural law
D.
Contract
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.
procedural law
C.
Consideration
D.
legal analysis
Question #3
This refers to the first step in legal analysis
A.
Identify the appropriate legal rules
B.
gather and review the facts
C.
applying the legal rules to the facts
Question #4
It deals with harm against an individual
A.
procedural law
B.
criminal law
C.
substantive law
D.
civil law
Question #5
It deals with harm against the society as a whole
A.
substantive law
B.
criminal law
C.
procedural law
D.
civil law
Question #6
It defines our legal rights and duties
A.
substantive law
B.
legal analysis
C.
civil law
D.
criminal law
Question #7
It is comprised of the rules that govern how the legal system operates
A.
procedural law
B.
substantive law
C.
criminal law
D.
civil 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.
Oligarchy
C.
Democracy
D.
Monarchy
Question #9
It refers to a legal question that involves the application of a federal law
A.
federal question
B.
procedural law
C.
Clear and convincing evidence
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.
federal question
B.
procedural law
C.
Doctrine of Implied Powers
D.
substantive 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.
Gibbons v. Ogden
B.
Miranda v. Arizon
C.
Roe v. Wade
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.
TRUE
B.
FALSE
Question #13
It refers to the constitutional prohibition against being tried twice for the same crime
A.
Double Jeopardy
B.
Self Incrimination
C.
Freedom of Expression
D.
Freedom of Religion
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.
Doctrine of Implied Powers
B.
substantive law
C.
Preemption
D.
procedural law
Question #15
It refers to the person who initiates a lawsuit
A.
Defendant
B.
Felonies
C.
Plaintiff
D.
Misdemeanors
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.
mens rea
D.
actus reus
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.
substantial proof
B.
preponderance of evidence
C.
Beyond a reasonable doubt
D.
Clear and convincing evidence
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.
Clear and convincing evidence
B.
Beyond a reasonable doubt
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.
Clear and convincing evidence
B.
Beyond a reasonable doubt
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.
Doctrine of Implied Powers
B.
Damages
C.
Injunction
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.
Doctrine of Implied Powers
B.
Preemption
C.
Injunction
D.
Damages
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.
actus reus
D.
Felonies
Question #23
It is a type of crime which involves lesser charges such as disorderly conduct and criminal damage to property
A.
Misdemeanors
B.
Defendant
C.
Plaintiff
D.
Felonies
Question #24
To secure conviction, the prosecution must establish that the accused had the bad intent
A.
Felonies
B.
actus reus
C.
Misdemeanors
D.
mens rea
Question #25
To secure conviction, the prosecution must establish that the accused committed bad behavior
A.
Injunction
B.
mens rea
C.
Damages
D.
actus reus
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.
Clear and convincing evidence
B.
Beyond a reasonable doubt
C.
preponderance of evidence
D.
prima facie case
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.
Affirmative defense
C.
actus reus
D.
Cause of action
Question #28
It refers to a defense whereby the defendant offers new evidence to avoid judgment
A.
Affirmative defense
B.
mens rea
C.
actus reus
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.
Punitive Damages
B.
intentional tort
C.
Nominal Damages
D.
Compensatory Damages
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.
intentional tort
B.
Punitive Damages
C.
Nominal Damages
D.
Compensatory Damages
Question #32
It is something of value that is exchanged to form the basis for a contract
A.
Consideration
B.
Personal Property
C.
Contract
D.
Real Property
Question #33
It is a legally enforceable written or verbal agreement supported by a consideration
A.
Contract
B.
Consideration
C.
Personal Property
D.
Real Property
Question #34
It refers to an area of law that deals with ownership and use of property
A.
Property Law
B.
tort 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.
Real Property
C.
Property Law
D.
Misdemeanors
Question #36
It refers to all the properties that is not real property
A.
Real Property
B.
Nominal Damages
C.
Property Law
D.
Personal Property
Question #37
It refers to law that involves harm to a person or a person's property
A.
Nominal Damages
B.
intentional tort
C.
tort law
D.
Negligence
Question #38
It refers to a tort committed by one who intends to do the act that creates the harm
A.
intentional tort
B.
Punitive Damages
C.
Negligence
D.
tort law
Question #39
It refers to the failure to act as a reasonably careful and prudent person is expected to act under the circumstances
A.
actus reus
B.
intentional tort
C.
Negligence
D.
tort law
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.
Strict Liability
C.
substantive law
D.
procedural law
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.
Contributory Negligence
B.
Statute of Limitations
C.
procedural law
D.
substantive law
Question #43
It refers to the liability without the need of showing fault
A.
substantive law
B.
Contributory Negligence
C.
procedural law
D.
Strict Liability
Question #44
It refers to negligence by the plaintiff that contributed to his or her injury.
A.
Assumption of the Risk
B.
Jurisdiction
C.
Court
D.
Contributory Negligence
Question #45
It is when a person voluntarily and knowingly subjecting himself to danger
A.
Strict Liability
B.
procedural law
C.
Statute of Limitations
D.
Assumption of the Risk
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.
Statute of Limitations
B.
procedural law
C.
Assumption of the Risk
D.
Comparative Negligence
Question #47
It refers to the unit of the judicial branch of government that has the authority to decide disputes
A.
Assumption of the Risk
B.
Jurisdiction
C.
Court
D.
Statute of Limitations
Question #48
It refers to the power of a court to hear cases
A.
Assumption of the Risk
B.
Court
C.
Statute of Limitations
D.
Jurisdiction
Question #49
It refers to a defense requiring proof that a defendant would not have committed the crime but for police trickery
A.
Concurring Opinion
B.
Entrapment
C.
Majority Opinion
D.
Reverse
Question #50
When the appellate court agrees with what the lower court has done
A.
Affirm
B.
Entrapment
C.
Majority Opinion
D.
Concurring Opinion
Question #51
It refers to the trial court error that is not sufficient to warrant reversing the decision
A.
Reversible Error
B.
Reverse
C.
Harmless Error
D.
Entrapment
Question #52
It refers to an error that may have an impact on the judgment
A.
Harmless Error
B.
Reversible Error
C.
Concurring Opinion
D.
Majority Opinion
Question #53
When the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court
A.
Affirm
B.
Entrapment
C.
Reverse
D.
Remand
Question #54
When an appellate court sends the case back to the trial court for a new trial or other action
A.
Remand
B.
Reverse
C.
Harmless Error
D.
Affirm
Question #55
It rerers to an opinion in which majority of the court joins
A.
Contributory Negligence
B.
Concurring Opinion
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.
Majority Opinion
C.
Dissenting Opinion
D.
Concurring Opinion
Question #57
It refers to an opinion which disagrees with the majority's decision and its reasoning
A.
Dissenting Opinion
B.
Comparative Negligence
C.
Majority Opinion
D.
Concurring Opinion
Question #58
In the federal court system, it refers to all the courts other than the US Supreme Court
A.
US District Courts
B.
Constitutional Courts
C.
US Court of Appeals
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.
Constitutional Courts
C.
US Supreme Court
D.
Inferior Courts
Question #60
It refers to the general jurisdiction trial courts in the federal system
A.
US Court of Appeals
B.
US District Courts
C.
Constitutional Courts
D.
Inferior Courts
Question #61
It refers to the intermediate appellate courts in the federal system
A.
US Court of Appeals
B.
US District Courts
C.
Constitutional Courts
D.
Constitutional Courts
Question #62
It refers to the highest federal appellate court consisting of nine appointed members
A.
Constitutional Courts
B.
Inferior Courts
C.
US Court of Appeals
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.
Constitutional Courts
B.
Magistrate Judge
C.
Inferior Courts
D.
US Court of Appeals
Question #64
A court order requiring a person to testify at a trial or deposition
A.
Subpoena
B.
Remand
C.
En Banc
D.
Affirm
Question #65
When an appeallate court that normally sits in panels sits as a whole
A.
En Banc
B.
Reverse
C.
Entrapment
D.
Subpoena
Question #66
It refers to the tangible object such as the weapon used in the crime
A.
Testimonial Evidence
B.
Real Evidence
C.
Documentary Evidence
D.
Judicial Notice
Question #67
It refers to the records, contract, leases and other written instrument such as the suicide letter
A.
Documentary Evidence
B.
Real Evidence
C.
Testimonial Evidence
D.
Judicial Notice
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.
Testimonial Evidence
B.
Corroborative Evidence
C.
Circumstantial 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.
Judicial Notice
B.
Circumstantial Evidence
C.
Real Evidence
D.
Corroborative Evidence
Question #70
It establishes a direct link to the event that must be proven
A.
Direct Evidence
B.
Circumstantial Evidence
C.
Cumulative Evidence
D.
Corroborative Evidence
Question #71
It refers to evidence does not establish a direct link but is used to establish a fact by implication
A.
Direct Evidence
B.
Corroborative Evidence
C.
Cumulative Evidence
D.
Circumstantial Evidence
Question #72
It refers to pieces of evidence that do not add new information but confirms facts that have already been established
A.
Testimonial Evidence
B.
Documentary Evidence
C.
Cumulative Evidence
D.
Real Evidence
Question #73
It serves to confirm facts that have already been established but through an evidence in different form
A.
Cumulative Evidence
B.
Real Evidence
C.
Corroborative 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.
Cloud Computing
B.
Case Management
C.
Relevancy
D.
Hearsay
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.
Cloud Computing
B.
Hearsay
C.
e-discovery
D.
Relevancy
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.
Secondary Authority
B.
e-discovery
C.
Mandatory Authority
D.
Primary Authority
Question #77
It refers to an individual witness who is not shown to have any special expertise
A.
Lay Witness
B.
Mandatory Authority
C.
Primary Authority
D.
Secondary Authority
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.
Case Management
C.
Cloud Computing
D.
Mandatory Authority
Question #79
It refers to managing the flow of information involved in handling a case with the law office.
A.
Cloud Computing
B.
Primary Authority
C.
Case Management
D.
Mandatory Authority
Question #80
It refers to a calendar system that records and important deadlines for a client
A.
Hourly Fee
B.
Contingency Fee
C.
Tickler System
D.
Fixed Fee
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.
Tickler System
B.
Contingency Fee
C.
Fixed Fee
D.
Hourly Fee
Question #82
It refers to a fee calculated as a percentage of the settlement or award in the case
A.
Hourly Fee
B.
Fixed Fee
C.
Tickler System
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.
Contingency Fee
B.
Hourly Fee
C.
Tickler System
D.
Fixed Fee
Question #84
It refers to the law itself such as the statutes and the court opinions
A.
Primary Authority
B.
Secondary Authority
C.
Mandatory Authority
D.
Hearsay
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.
Secondary Authority
C.
e-discovery
D.
Mandatory Authority
Question #86
It refers to a statute or a court opinion from a higher court in the same jurisdiction
A.
Primary Authority
B.
Secondary Authority
C.
Lay Witness
D.
Mandatory Authority
Question #87
It is an essential tool in legal research because it helps determine whether the research is complete and up to date
A.
Citator
B.
Direct Evidence
C.
Cloud Computing
D.
Primary Authority
Question #88
In Shepartds, it refers to any information that happened procedurally to the litigation after the case was cited
A.
Case Management
B.
Secondary Authority
C.
Circumstantial Evidence
D.
Subsequent History
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.
Ethical Wall
B.
Attorney-Client Privilege
C.
Mandatory Authority
D.
Cumulative Evidence
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.
Ethical Wall
C.
Corroborative Evidence
D.
Attorney-Client Privilege
Question #91
It is considered as an alternative approach to litigation
A.
Alternative Dispute Resolution
B.
Administrative Hearing
C.
Arbitration
D.
Mediation
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.
Administrative Hearing
B.
Pre-trial conference
C.
Arbitration
D.
Mediation
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.
Peremptory challenge
B.
Voir Dire
C.
Administrative Hearing
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.
Caption
B.
Administrative Hearing
C.
Summons
D.
Pre-trial conference
Question #96
It is the pleading that initiates the lawsuit
A.
counterclaim
B.
Summary Judgment
C.
Complaint
D.
cross claim
Question #97
It contains the defendant’s response to the allegations against him
A.
cross claim
B.
Complaint
C.
Answer
D.
counterclaim
Question #98
In the Answer, the defendant may indicate his own claim against the defendant.
A.
Summary Judgment
B.
Discovery
C.
counterclaim
D.
cross claim
Question #99
It is a claim by one of the defendants against a co-defendant.
A.
counterclaim
B.
Complaint
C.
cross claim
D.
Discovery
Question #100
It refers to the claim by a defendant against a third party who is not included in the suit.
A.
motion for new trial
B.
Pre-trial conference
C.
third party claim
D.
Caption
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.
Caption
C.
Administrative Hearing
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.
Summons
B.
Interrogatories
C.
Caption
D.
Pre-trial conference
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.
Peremptory challenge
B.
motion for a judgment notwithstanding the verdict
C.
Summary Judgment
D.
Voir Dire
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.
Pre-trial conference
C.
Summons
D.
Discovery
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.
Pre-trial conference
B.
Caption
C.
Summons
D.
Interrogatories
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.
Summary Judgment
B.
Pre-trial conference
C.
cross claim
D.
Discovery
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.
Pre-trial conference
B.
Mediation
C.
Voir Dire
D.
Administrative Hearing
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.
Peremptory challenge
B.
Voir Dire
C.
motion for a judgment notwithstanding the verdict
D.
Verdict
Question #109
It refers to the opinion of a jury on a question of fact
A.
Peremptory challenge
B.
motion for new trial
C.
Verdict
D.
Voir Dire
Question #110
It refers to the decision of the court regarding the claims of either the plaintiff or the defendant
A.
Judgment
B.
motion for a judgment notwithstanding the verdict
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.
Pre-trial conference
B.
motion for a judgment notwithstanding the verdict
C.
Summary Judgment
Question #112
It refers to the motion based on errors and irregularities that took place during the trial
A.
Courts of general jurisdiction
B.
Courts of limited jurisdiction
C.
Courts of Appellate Jurisdiction
D.
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.
Verdict
B.
Question of Law
C.
motion for new trial
D.
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
B.
motion for a judgment notwithstanding the verdict
C.
Question of Fact
D.
Judgment
Question #115
It refers to the trials that take place in front of a judge
A.
Federalism
B.
Courts of Concurrent Jurisdiction
C.
Bench Trial
D.
Jury 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.
Bench Trial
B.
Jury Trial
C.
Summary Judgment
D.
Pre-trial conference
Question #117
These courts have the power to hear any type of cases within their geographical area.
A.
Courts of Original Jurisdiction
B.
Courts of limited jurisdiction
C.
Courts of Appellate Jurisdiction
D.
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 Appellate Jurisdiction
B.
Courts of Exclusive Jurisdiction
C.
Courts of limited jurisdiction
D.
Courts of general jurisdiction
Question #119
In these courts the cases are first filed such as the trial courts.
A.
Courts of Exclusive Jurisdiction
B.
Courts of Appellate Jurisdiction
C.
Courts of Original Jurisdiction
D.
Courts of Concurrent Jurisdiction
Question #120
These courts are where cases are filed on appeal from the trial courts.
A.
Courts of Original Jurisdiction
B.
Courts of general jurisdiction
C.
Courts of limited jurisdiction
D.
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 limited jurisdiction
B.
Courts of Exclusive Jurisdiction
C.
Courts of Original Jurisdiction
D.
Courts of limited jurisdiction
Question #122
When more than one court has the power to hear the case
A.
Courts of limited jurisdiction
B.
Courts of Concurrent Jurisdiction
C.
Courts of general 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.
Courts of Concurrent Jurisdiction
B.
Mediation
C.
Voir Dire
D.
Federalism
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