NALA exam for paralegal
Quiz yourself by thinking what should be in
each of the black spaces below before clicking
on it to display the answer.
Help!
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| 1 abatement | reduction, termination
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| 2 abrogation | annulment of a former law by act of a legislative body, by constitutional
authority, or by usage
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| 3 acceptance | in contract law, consent to abide by the terms of an offer; taking or receiving a
thing in good faith with the intention of retaining it
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| 4 accession | that which increases the size or value of property
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| 5 accommodation | arrangement made as a favor to another rather than for consideration received
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| 6 acknowledgement | an admission, affi rmation, or declaration
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| 7 acquittal | release or discharge of an obligation or
liability; in criminal law, a finding of not
guilty
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| 8 ademption | satisfaction of a legacy by gift prior to
testator’s death
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| 9 adhesion contract | standardized contract form in which a
party with little or no bargaining power is
forced to accept its terms
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| 10 adjudication | judgment or decision of a court
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| 11 administrative law | body of rules and regulations having
the force of law and promulgated by an
administrative body created by Congress
or a state legislature
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| 12 adverse possession | acquiring title to real estate by hostile
possession rather than by purchase
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| 13 affi ant | one who makes or swears to the truth of
an affi davit
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| 14 affi davit | sworn statement in writing taken before a
notary public or other authorized offi cer
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| 15 affi rmative defense | allegation of a responsive pleading which,
if it can be proved, negates the allegations
of the complaint
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| 16 agent | person authorized by another to act
for him, one entrusted with another’s
business
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| 17 agreement | meeting of the minds, preliminary to
contract formation
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| 18 allegation | assertion made but not proved
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| 19 amortization | gradual extinction of a monetary obligation
by periodic payments that usually includes
interest
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| 20 amnesty | sovereign forgetfulness of past acts,
usually available for a limited time
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| 21 ancillary | auxiliary, supplemental, subordinate
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| 23 annotation | remark, note, or commentary intended to
illustrate or explain
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| 24 annul | cancel, make void, destroy
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| 25 answer | written pleading by which a defendant
responds to the plaintiff’s complaint
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| 26 antitrust laws | federal and state laws to prevent restraint
of trade, price-fi xing, price discrimination,
monopolies, or other conduct detrimental to free commerce
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| 27 appeal | review by a higher court
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| 28 appellant | party who fi les an appeal
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| 29 appellee | party who defends an appeal
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| 30 appraisal | valuation or estimate of property value,made by qualifi ed expert
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| 31 arbitration | investigation and determination of dispute by neutral decision-maker; decision is binding on parties
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| 31 arraignment | in criminal law, hearing at which accused pleads guilty or not guilty
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| 32 assault | in tort, threat of imminent bodily harm accompanied by apparent ability to carry
out the threat; in criminal law, often defined as the tort equivalent of battery
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| 33 asset | real or personal property owned by an individual, estate, business corporation, or
other entity
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| 34 assignment | transfer of any right, title, or interest to another
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| 35 attestation | act of witnessing the signing (execution) of a document
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| 36 assumption of risk | doctrine under which a person cannot obtain recovery for injuries received
from a dangerous activity to which she voluntarily exposed herself
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| 37 attachment | pre-judgment seizure of property based upon court order
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| 38 attest | certify or affi rm to be true or genuine
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| 39 attorney-in-fact | one appointed by another to act in specifi c matters described in a power of attorney or in a letter of attorney
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| 40 aver | assert, allege, claim
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| 41 bailment | delivery of personal property to another to be held for a particular person and then returned
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| 42 benefi ciary | one who benefi ts from the act of another
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| 43 bequest | gift of personal property by will
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| 44 breach | failure (without legal justification) to perform when performance is due
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| 45 brief | written argument of counsel concerning one or more legal issues in a case,
sometimes called a memorandum of law
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| 46 capacity | having legal authority or mental ability; being of sound mind
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| 47 caption | that part of a pleading which states the name of the court, the name of the parties,
the case number assigned, and the name of the pleading
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| 48 cause of action | fact(s) giving rise to a legal remedy
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| 49 chattel | personal property
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| 50 choate | perfected; complete
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| 51 chose in action | a personal right not yet reduced to judgment
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| 52 civil code | collection of laws or statutes relating to private rights or remedies
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| 53 civil law | laws which relate to private rights and remedies, distinguished from criminal law
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| 54 CLA | abbreviation for Certifi ed Legal Assistant, a professional designation earned through
and awarded by the National Association of Legal Assistants to those legal assistants
who successfully complete an extensive written examination of their general skil
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| 55 Code Civil | law of the State of Louisiana consisting of a collection of statutes and based upon
the Napoleonic Code, distinguished from common law
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| 56 code | collection of laws or statutes
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| 57 codicil | an addition or change to an original will
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| 58 common law | law based upon custom, usage, and judicial decision, distinguished from statutory law
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| 59 community property | property owned in common by husband and wife, each owning an undivided one-half interest as a result of their marital status
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| 60 commutation | substitution of a lesser punishment for a greater one
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| 61 condemnation | the process of taking private property for public use under a government’s right of
eminent domain
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| 62 consideration | the lawful price, motive, cause, impelling influence, or inducement for a contract
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| 63 contract | agreement between competent parties, supported by consideration, to do or to
refrain from doing some lawful act
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| 64 conversion | wrongful taking of personal property with intent to deprive its owner of it permanently
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| 65 copyright | a right to reap the financial benefits of literary property as this term is defined
under federal copyright laws
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| 66 covenant | agreement or promise, often restricting the use of real estate
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| 67 CP | abbreviation for Certified Paralegal, a professional designation earned through and awarded by the National Association of Legal Assistants to those legal assistants who successfully complete an extensive written examination of their general skills and th
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| 68 creditor | one to whom a debt or obligation is owed
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| 69 criminal law | laws which control standards of conduct and which prescribe the punishments for
disobedience
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| 70 debenture | bond given as evidence of corporate debt
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| 71 decree | the final order of an equity court
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| 72 defamation | that which holds one up to contempt or ridicule; that which injures one’s reputation
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| 73 deponent | one who gives a deposition
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| 74 deposition | sworn testimony given by question and answer in a non-courtroom setting, which
is recorded and transcribed by a court reporter
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| 75 devise | gift of real property by will discharge to release, liberate, annul, disencumber, dismiss
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| 76 duress | unlawful constraint exercised upon a person, forcing her to do an act which she
would not have done otherwise
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| 77 enjoin | to prevent or forbid by injunction
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| 78 equity | justice administered by principles of fairness, distinguished from strict rules of law
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| 79 escheat | reversion of property to the state when there are no heirs to inherit the property
at a person’s death
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| 8o estop | to stop, bar, prevent
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| 81 estoppe | l doctrine under which a person’s acts or failure to act prevents her from seeking
legal relief, although she would have been entitled to relief otherwise
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| 82 eviction | to recover real estate (from a tenant) by legal process; to force out or remove from
real property
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| 83 evidentiary | constituting evidence or proof, having the quality of evidence
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| 84 exemptions | immunity from a general burden, tax, or charge; in bankruptcy or in judgment
executions, that portion of the debtor’s property that cannot be liquidated and applied to her debts
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| 85 felony | a crime for which the maximum possible punishment is death or imprisonment for
one year or more in a penitentiary
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| 86 fraud | any artifi ce used by one person to deceive another
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| 87 general denial | a pleading in the form of an answer, which denies allegations made by the opposing
party but which contains no affirmative defenses
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| 88 grantee | one to whom real estate is conveyed; the buyer of real estate
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| 89 grantor | one who conveys real estate; the seller of real estate
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| 90 guarantor | one who agrees to undertake the (financial) obligation of another
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| 91 guaranty | agreement to undertake the (financial) obligation of another
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| 92 guardian | one charged with responsibility to manage the personal matters of another who is
incompetent because of age, understanding, or lack of self-control
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| 93 guardian ad litem | person appointed by a court to look after the interests of a child or incompetent
during the pendency of a litigation
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| 94 inchoate | unfinished, incomplete
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| 95 indemnify | to secure against loss or damage
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| 96 indictment | written accusation issued by a grand jury against a defendant in criminal law
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| 97 indorsement | act of a payee, drawee, accommodation indorser, or holder of a bill, note, check, or
other negotiable instrument, in writing his or her name upon the back of the instrument to assign or transfer the negotiable instrument to another
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| 98 infant | one who has not reached the age of majority; a minor
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| 99 information | written accusation issued by a prosecutor against a defendant in criminal law
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| 100 injunction | an order issued by a court of equity, requiring a person to do or not to do a specific act
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| 101 insolvent | condition of a person or entity that exists when total liabilities exceed total assets
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| 102 interlocutory | provisional, interim, not final
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| 103 interrogatories | series of formal, written questions addressed to a party for discovery purposes
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| 104 intestate | without a will, one who dies without a will
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| 105 judgment | final order of a court of law, based upon a jury verdict or upon findings of fact by the court
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| 106 jurat | clause of a notary public or authorized officer attesting that a statement or
document was sworn to by a specific person on a specific date
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| 107 jurisdiction | power conferred on a court to hear a particular case and to render a final
decision on the merits
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| 108 jurisprudence | science of law; system of law
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| 109 laches | a doctrine by which equitable relief is
denied to one who has waited too long to
seek relief
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| 110 legal assistant | a distinguishable group of persons who assist attorneys in delivering legal services
(within this occupational category, some individuals are known as paralegals);
through formal education, training, and experience, legal assistants have knowledge
and
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| 111 lessee | one who possesses or uses the property of
another; tenant
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| 112 lessor | a title holder of property who contracts for
its possession or use by another; landlord
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| 113 liable | legally responsible
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| 114 libel | written defamation
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| 115 lien | a charge, security, or encumbrance on
property
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| 116 liquidated | property or claim that has been converted to its cash equivalent
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| 117 litigation | contest in a court of law for the purpose of
enforcing a right or seeking a remedy
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| 118 magistrate | court officer with limited judicial authority;
a public officer
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| 119 malfeasance | evil doing; performance of an act with bad intent
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| 120 malpractice | professional negligence or misconduct
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| 121 mediation | arrangement to attempt settlement of a dispute by using a neutral party as the
referee; unlike an arbitrator, a mediator does not issue a binding decision
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| 122 memorandum of law | brief of law submitted to a court by the attorney for a party
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| 123 memorandum opinion | very short opinion of a court
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| 124 merger | absorption of one thing or right into another
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| 125 metes and bounds | a method of describing real estate, using boundary lines with terminal points and angles
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| 126 minor | person who is not an adult; child
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| 127 misdemeanor | a criminal offense for which the maximum possible punishment is a fine
or incarceration for a period less than one year
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| 128 misfeasance | improper performance of an otherwise lawful act
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| 129 mitigation | duty of parties to minimize damages after
an injury is sustained or a breach occurs
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| 130 mortgage | conditional conveyance of an interest in
real estate, usually as security for a debt
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| 131 mortgagee | one who receives a mortgage, usually a lender
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| 132 mortgagor | an owner of real estate who gives a mortgage
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| 133 motion | application (not a pleading) or request made to a court to obtain an interim ruling or order
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| 134 motion in limine | application requesting a court to rule in advance that specific, unfairly prejudicial
information will not be mentioned during trial
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| 135 negligence | failure to use the care which a reasonable and prudent person would use in similar circumstances
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| 136 notary public | public officer who administers oaths,attests and certifi es documents, and takes
acknowledgments
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| 137 novation | substitution of a new contract, debt, or obligation for an existing one between the
same or different parties
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| 138 nuncupative | oral; not written
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| 139 oath | solemn pledge attesting to the truth of a statement
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| 140 offer | a promise; a commitment to do or to refrain from doing some specific act
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| 141 offeree | one to whom an offer is made
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| 142 | offeror one who makes an offer
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| 143 option | a right supported by consideration to purchase property at an agreed price within a specified time
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| 144 order | mandate, command, or direction authoritatively given; mandate of a court
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| 145 ordinance | legislative enactment (law enacted) by a local government such as a county or a city
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| 146 parol evidence | oral proof of contract terms which are not contained within the written contract document
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| 147 parole | release from imprisonment upon specific conditions related to conduct or good behavior
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| 148 patent | inventor’s right to exclude others from making, using, or selling the invention for seventeen years
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| 149 paternity | relationship of a father to a child
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| 150 payee | one to whom payment is made
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| 151 payor | one who makes payment
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| 152 pecuniary | monetary; relating to money
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| 153 perjury | false testimony given under oath
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| 154 pleading | in federal court, complaint, answer to complaint, and reply to cross-claim (no
other pleadings are allowed)
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| 155 power of attorney | an instrument authorizing one to act as agent or attorney-in-fact for another as to those matters listed in the instrument
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| 156 precedent | holding of a case which guides the decisions in future cases involving similar facts and
similar legal issues
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| 157 privileged communications | statements made by persons within specific, protected relationships for evidentiary purposes (husband-wife, attorney-client, priest-parishioner, and so forth)
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| 158 probable cause | justification to believe that a crime was committed and that the accused is the
person who committed it
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| 159 probation | a sentence which releases a convicted person into the community under the
supervision of a probation officer
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| 160 promissory estoppel | a doctrine which prevents a party to a contract from denying that consideration was given for the contract
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| 161 promissory note | a written promise to pay a specific sum of money at a future time
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| 162 proximate cause | the last (negligent) act which leads to injury; legal cause
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| 163 proxy | an instrument authorizing one to cast the votes of another at a corporate meeting
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| 164 punitive damages | damages awarded over and above the amount of losses, which are awarded as
punishment of the wrongdoer
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| 165 quash | suppress, stop, cease, abate
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| 166 quiet title action | action to determine clear title to real estate
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| 167 quitclaim deed | deed without warranty, which passes only that title which the grantor has
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| 168 recidivist | repeat offender
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| 169 release | discharge of one party’s obligation to another
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| 170 replevin | action to recover possession of personal property
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| 171 rescission | an equitable remedy which invalidates a contract on the basis of mutual mistake,
fraud, impossibility, and so forth
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| 172 restitution | restoration of a thing to its rightful owner; a measure of damages according
to the defendant’s gains rather than the plaintiff’s losses
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| 173 service of process | delivery of a writ, summons, subpoena to the person named therein
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| 174 settlor | one who creates a trust, trustor
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| 175 slander | spoken defamation
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| 176 specific performance | equitable remedy in contract law which requires the breaching party to perform according to the specific terms of the contract
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| 177 statute | legislative enactment (law enacted) by Congress or a state legislature
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| 178 statute of limitations | statute which limits the time within which a cause of action may be filed
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| 179 stipulation | agreement between parties to a lawsuit concerning matters related to the trial
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| 180 subpoena | a writ commanding the named person to appear at a specific time and place
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| 181 subpoena | duces tecum a writ commanding the named person to
appear at a specific time and place and to bring specific records or documents with her
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| 182 summons | document served upon a defendant to notify her that suit has been fi led against
her and directing her to answer or to otherwise appear in the case by a specific date
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| 183 survey | process by which a tract of land is measured and its contents determined,
with a map to scale created for it
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| 184 temporary restraining order | an emergency injunctive remedy (order) of short duration to require or to forbid an act until a hearing can be held
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| 185 testator, testatrix | man who creates and executes a will; woman who creates and executes a will
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| 186 testimonium clause | the clause of an instrument which begins “In witness whereof,
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| 187 tickler system | reminder system used in law offices to supplement diaries and calendars in the
overall docket control system
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| 188 tort | a civil wrong such as negligence or trespass, as distinguished from a criminal
offense (the same conduct may result in both tort liability and criminal liability)
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| 189 trust account | account where client funds are kept separate from attorney funds
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| 190 unconscionable | grossly unfair, unscrupulous, terms or conduct which shocks the conscience
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| 191 usury | the excess over the lawful interest rate
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| 192 vendee | the purchaser or buyer of property
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| 193 vendor | the seller of property
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| 194 venue | the location where an action is tried
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| 195 verdict | finding(s) of fact by a jury in a civil or criminal trial
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| 196 verification | confirmation of accuracy; sworn oath by an authorized person that certain statements
are true to the best of his or her knowledge and belief
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| 197 void | having no legal force or effect
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| 198 voidable | that which is capable of being declared void but which is valid until such declaration is
made
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| 199 warranty | a promise to defend the truth of a fact
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| 200 warranty deed | a deed conveying land which guarantees that the title is free of defects to marketability
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| 201 with prejudice | a declaration (usually in connection with an order of dismissal) which ends the right
to further relief; it prevents either party from fi ling future complaints based on the
same claim or cause of action
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| 202 without prejudice | a declaration (usually in connection with an order of dismissal) which preserves any rights or privileges that a party may have to file a future complaint based upon the
same claim or cause of action
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| 203 witness | one who has personal knowledge about facts related to a case; one who can
testify about what she has seen, heard, or otherwise observed
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| 204 writ of execution | order of a court after judgment commanding a court officer to seize
property in satisfaction of the judgment
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