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.
procedural law
C.
legal research
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.
Consideration
B.
Contract
C.
legal analysis
D.
procedural law
Question #3
This refers to the first step in legal analysis
A.
gather and review the facts
B.
applying the legal rules to the facts
C.
Identify the appropriate legal rules
Question #4
It deals with harm against an individual
A.
substantive law
B.
procedural law
C.
civil law
D.
criminal law
Question #5
It deals with harm against the society as a whole
A.
substantive law
B.
criminal law
C.
civil law
D.
procedural law
Question #6
It defines our legal rights and duties
A.
legal analysis
B.
substantive law
C.
criminal law
D.
civil law
Question #7
It is comprised of the rules that govern how the legal system operates
A.
procedural law
B.
criminal law
C.
civil law
D.
substantive 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.
Democracy
B.
Oligarchy
C.
Monarchy
D.
Federalism
Question #9
It refers to a legal question that involves the application of a federal law
A.
Clear and convincing evidence
B.
procedural law
C.
substantive law
D.
federal question
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.
procedural law
B.
federal question
C.
substantive law
D.
Doctrine of Implied Powers
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.
Miranda v. Arizon
B.
Gibbons v. Ogden
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.
FALSE
B.
TRUE
Question #13
It refers to the constitutional prohibition against being tried twice for the same crime
A.
Double Jeopardy
B.
Freedom of Religion
C.
Freedom of Expression
D.
Self Incrimination
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.
substantive law
B.
Preemption
C.
procedural law
D.
Doctrine of Implied Powers
Question #15
It refers to the person who initiates a lawsuit
A.
Plaintiff
B.
Felonies
C.
Misdemeanors
D.
Defendant
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.
mens rea
B.
Plaintiff
C.
actus reus
D.
Defendant
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.
Clear and convincing evidence
C.
Beyond a reasonable doubt
D.
preponderance of 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.
Preponderance of evidence
B.
Clear and convincing evidence
C.
Beyond a reasonable doubt
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.
Doctrine of Implied Powers
B.
Preemption
C.
Damages
D.
Injunction
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.
Preemption
C.
Injunction
D.
Doctrine of Implied Powers
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.
Defendant
C.
Misdemeanors
D.
Felonies
Question #24
To secure conviction, the prosecution must establish that the accused had the bad intent
A.
mens rea
B.
Felonies
C.
Misdemeanors
D.
actus reus
Question #25
To secure conviction, the prosecution must establish that the accused committed bad behavior
A.
actus reus
B.
Damages
C.
mens rea
D.
Injunction
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.
Beyond a reasonable doubt
B.
prima facie case
C.
preponderance of evidence
D.
Clear and convincing 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.
Affirmative defense
B.
Cause of action
C.
mens rea
D.
actus reus
Question #28
It refers to a defense whereby the defendant offers new evidence to avoid judgment
A.
Affirmative defense
B.
actus reus
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.
Nominal Damages
C.
Punitive 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.
Punitive Damages
C.
Nominal Damages
D.
intentional tort
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.
Nominal Damages
C.
Compensatory Damages
D.
Punitive Damages
Question #32
It is something of value that is exchanged to form the basis for a contract
A.
Consideration
B.
Real Property
C.
Contract
D.
Personal Property
Question #33
It is a legally enforceable written or verbal agreement supported by a consideration
A.
Personal Property
B.
Real Property
C.
Contract
D.
Consideration
Question #34
It refers to an area of law that deals with ownership and use of property
A.
tort law
B.
intentional tort
C.
Negligence
D.
Property Law
Question #35
It refers to the land and objects that are permanently attached to land
A.
Misdemeanors
B.
Property Law
C.
Personal Property
D.
Real Property
Question #36
It refers to all the properties that is not real property
A.
Personal Property
B.
Real Property
C.
Nominal Damages
D.
Property Law
Question #37
It refers to law that involves harm to a person or a person's property
A.
Negligence
B.
Nominal Damages
C.
intentional tort
D.
tort law
Question #38
It refers to a tort committed by one who intends to do the act that creates the harm
A.
tort law
B.
Negligence
C.
intentional tort
D.
Punitive Damages
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.
Negligence
C.
intentional tort
D.
tort law
Question #40
It is a law that creates rights and duties
A.
procedural law
B.
Assumption of the Risk
C.
Statute of Limitations
D.
substantive law
Question #41
It is a law that regulates how the legal system operates
A.
Strict Liability
B.
procedural law
C.
substantive law
D.
Contributory Negligence
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.
Statute of Limitations
B.
procedural law
C.
substantive law
D.
Contributory Negligence
Question #43
It refers to the liability without the need of showing fault
A.
procedural law
B.
substantive 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.
Court
C.
Contributory Negligence
D.
Assumption of the Risk
Question #45
It is when a person voluntarily and knowingly subjecting himself to danger
A.
Statute of Limitations
B.
procedural law
C.
Assumption of the Risk
D.
Strict Liability
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.
Assumption of the Risk
C.
Statute of Limitations
D.
Comparative Negligence
Question #47
It refers to the unit of the judicial branch of government that has the authority to decide disputes
A.
Jurisdiction
B.
Court
C.
Statute of Limitations
D.
Assumption of the Risk
Question #48
It refers to the power of a court to hear cases
A.
Court
B.
Statute of Limitations
C.
Assumption of the Risk
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.
Entrapment
B.
Concurring Opinion
C.
Majority Opinion
D.
Reverse
Question #50
When the appellate court agrees with what the lower court has done
A.
Concurring Opinion
B.
Majority Opinion
C.
Entrapment
D.
Affirm
Question #51
It refers to the trial court error that is not sufficient to warrant reversing the decision
A.
Harmless Error
B.
Entrapment
C.
Reversible Error
D.
Reverse
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.
Harmless Error
C.
Affirm
D.
Reverse
Question #55
It rerers to an opinion in which majority of the court joins
A.
Concurring Opinion
B.
Majority Opinion
C.
Dissenting Opinion
D.
Contributory Negligence
Question #56
It refers to an opinion that agrees with the majority's result but disagrees with its reasoning
A.
Majority Opinion
B.
Dissenting Opinion
C.
Concurring Opinion
D.
Assumption of the Risk
Question #57
It refers to an opinion which disagrees with the majority's decision and its reasoning
A.
Dissenting Opinion
B.
Comparative Negligence
C.
Concurring Opinion
D.
Majority Opinion
Question #58
In the federal court system, it refers to all the courts other than the US Supreme Court
A.
Constitutional Courts
B.
US Court of Appeals
C.
Inferior Courts
D.
US District Courts
Question #59
It refers to a court established by the Article III of the U.S. Constitution
A.
US Supreme Court
B.
Inferior Courts
C.
US District Courts
D.
Constitutional Courts
Question #60
It refers to the general jurisdiction trial courts in the federal system
A.
US District Courts
B.
US Court of Appeals
C.
Inferior Courts
D.
Constitutional Courts
Question #61
It refers to the intermediate appellate courts in the federal system
A.
US Court of Appeals
B.
Constitutional Courts
C.
US District Courts
D.
Constitutional Courts
Question #62
It refers to the highest federal appellate court consisting of nine appointed members
A.
Inferior Courts
B.
US Court of Appeals
C.
US Supreme Court
D.
Constitutional Courts
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.
Inferior Courts
C.
US Court of Appeals
D.
Magistrate Judge
Question #64
A court order requiring a person to testify at a trial or deposition
A.
Remand
B.
Affirm
C.
En Banc
D.
Subpoena
Question #65
When an appeallate court that normally sits in panels sits as a whole
A.
Entrapment
B.
Reverse
C.
En Banc
D.
Subpoena
Question #66
It refers to the tangible object such as the weapon used in the crime
A.
Real Evidence
B.
Testimonial 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.
Judicial Notice
B.
Documentary Evidence
C.
Real Evidence
D.
Testimonial 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.
Testimonial Evidence
B.
Real Evidence
C.
Corroborative Evidence
D.
Circumstantial 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.
Cumulative Evidence
B.
Circumstantial Evidence
C.
Direct 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.
Cumulative Evidence
B.
Corroborative 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.
Testimonial Evidence
B.
Cumulative Evidence
C.
Real Evidence
D.
Documentary Evidence
Question #73
It serves to confirm facts that have already been established but through an evidence in different form
A.
Real Evidence
B.
Testimonial Evidence
C.
Cumulative Evidence
D.
Corroborative 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.
Cloud Computing
C.
Hearsay
D.
Case Management
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.
Relevancy
B.
Hearsay
C.
e-discovery
D.
Cloud Computing
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.
Primary Authority
B.
Secondary Authority
C.
Mandatory Authority
D.
e-discovery
Question #77
It refers to an individual witness who is not shown to have any special expertise
A.
Mandatory Authority
B.
Secondary Authority
C.
Lay Witness
D.
Primary 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.
Case Management
B.
Primary Authority
C.
Mandatory Authority
D.
Cloud Computing
Question #79
It refers to managing the flow of information involved in handling a case with the law office.
A.
Case Management
B.
Primary Authority
C.
Mandatory Authority
D.
Cloud Computing
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.
Hourly Fee
C.
Fixed Fee
D.
Tickler System
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.
Contingency Fee
C.
Fixed Fee
D.
Tickler System
Question #84
It refers to the law itself such as the statutes and the court opinions
A.
Mandatory Authority
B.
Secondary Authority
C.
Hearsay
D.
Primary Authority
Question #85
It refers to information about the law such as those that can be found in encyclopedias and legal review articles
A.
Mandatory Authority
B.
e-discovery
C.
Primary Authority
D.
Secondary Authority
Question #86
It refers to a statute or a court opinion from a higher court in the same jurisdiction
A.
Secondary Authority
B.
Primary 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.
Primary Authority
B.
Cloud Computing
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.
Subsequent History
B.
Case Management
C.
Secondary Authority
D.
Circumstantial Evidence
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.
Attorney-Client Privilege
B.
Cumulative Evidence
C.
Ethical Wall
D.
Mandatory Authority
Question #90
It refers to a formal screening process that seeks to isolate a paralegal from participating in the new case
A.
Attorney-Client Privilege
B.
Corroborative Evidence
C.
Tickler System
D.
Ethical Wall
Question #91
It is considered as an alternative approach to litigation
A.
Alternative Dispute Resolution
B.
Arbitration
C.
Administrative Hearing
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.
Mediation
D.
Arbitration
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.
Mediation
B.
Administrative Hearing
C.
Arbitration
D.
Pre-trial conference
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.
doctrine of exhaustion of administrative remedies
C.
Administrative Hearing
D.
Voir Dire
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.
cross claim
B.
Complaint
C.
Summary Judgment
D.
counterclaim
Question #97
It contains the defendant’s response to the allegations against him
A.
Answer
B.
cross claim
C.
counterclaim
D.
Complaint
Question #98
In the Answer, the defendant may indicate his own claim against the defendant.
A.
cross claim
B.
Discovery
C.
counterclaim
D.
Summary Judgment
Question #99
It is a claim by one of the defendants against a co-defendant.
A.
Discovery
B.
cross claim
C.
counterclaim
D.
Complaint
Question #100
It refers to the claim by a defendant against a third party who is not included in the suit.
A.
Pre-trial conference
B.
third party claim
C.
motion for new trial
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.
Arbitration
B.
Administrative Hearing
C.
Caption
D.
Discovery
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.
Summons
C.
Pre-trial conference
D.
Interrogatories
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.
motion for a judgment notwithstanding the verdict
B.
Voir Dire
C.
Peremptory challenge
D.
Summary Judgment
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.
Summons
C.
Pre-trial conference
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.
Caption
B.
Interrogatories
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.
Pre-trial conference
B.
cross claim
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.
Voir Dire
B.
Administrative Hearing
C.
Mediation
D.
Pre-trial conference
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.
Voir Dire
D.
Peremptory challenge
Question #109
It refers to the opinion of a jury on a question of fact
A.
Peremptory challenge
B.
Voir Dire
C.
Verdict
D.
motion for new trial
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.
Summary Judgment
B.
Pre-trial conference
C.
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.
Courts of Appellate Jurisdiction
B.
Courts of general jurisdiction
C.
Courts of limited 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.
Question of Law
B.
Question of Fact
C.
Verdict
D.
motion for new trial
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 Fact
B.
Question of Law
C.
motion for a judgment notwithstanding the verdict
D.
Judgment
Question #115
It refers to the trials that take place in front of a judge
A.
Jury Trial
B.
Federalism
C.
Bench Trial
D.
Courts of Concurrent Jurisdiction
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
B.
Pre-trial conference
C.
Bench Trial
D.
Summary Judgment
Question #117
These courts have the power to hear any type of cases within their geographical area.
A.
Courts of general jurisdiction
B.
Courts of Original Jurisdiction
C.
Courts of Appellate Jurisdiction
D.
Courts of limited jurisdiction
Question #118
These courts have the power to hear only those special cases such as probate, domestic relations and traffic.
A.
Courts of Exclusive Jurisdiction
B.
Courts of limited jurisdiction
C.
Courts of Appellate 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 Concurrent Jurisdiction
C.
Courts of Appellate Jurisdiction
D.
Courts of Original Jurisdiction
Question #120
These courts are where cases are filed on appeal from the trial courts.
A.
Courts of general jurisdiction
B.
Courts of Original 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 limited jurisdiction
C.
Courts of Exclusive Jurisdiction
D.
Courts of Original Jurisdiction
Question #122
When more than one court has the power to hear the case
A.
Courts of Concurrent Jurisdiction
B.
Courts of general jurisdiction
C.
Courts of limited 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.
Voir Dire
B.
Courts of Concurrent Jurisdiction
C.
Federalism
D.
Mediation
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