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Test your basic knowledge |
Paralegal 101
Start Test
Study First
Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Questions relating to what happened: who - what - when - where - and how.
Analogous cases
Confidentiality
Questions of fact
Reverse
2. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Injunction
Mistrial
False imprisonment
Legal clinic
3. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Verdict
Prima facie case
Contingency Fee
Real property
4. The party in a case who has initiated an appeal.
Subsequent case history
Primary authority
Appellate or petitioner
Reasonable suspicion
5. An opinion that agrees with the majority's result but disagrees with the reasoning.
Assumption
Judgment
Concurring opinion
Certified
6. A special type of joint tenancy applicable only to married couples.
Legislative history
Corroborative evidence
Tenancy by the entirety
Summary jury trials
7. The power of government to take private property for public purposes.
Reverse
Legal services offices
Exhaustion of administrative remedies
Eminent Domain
8. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Assault
Freelance Paralegal
Substantive law
Separation of powers
9. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Pattern jury instructions
Product misuse
Original jurisdiction
Plea bargaining
10. A national organization of paralegal programs that promotes high standards for paralegal education.
Documentary evidence
Testimonial evidence
American Association for Paralegal Education (AAfPE) www.aafpe.org
Dictum
11. An opinion that disagrees with the majority's decision and reasoning.
Remand
Professional judgment
Dissenting opinion
Negligence
12. Liability without a showing of fault.
Mandatory authority
Strict liability
Unauthorized practice of law
Limited liability partnership (LLP)
13. Federal and state rules that regulate how criminal proceedings are conducted.
Strict liability
Bailment
Evidence
Rules of criminal procedure
14. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Annotated statutes
Broad holding
Professional judgment
Legislative history
15. A defendant's personal promise to appear in court.
Judgment proof
Tort law
Personal recognizance bond
Specific performance
16. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Partnership
Contingency Fee
Alternative dispute resolution (ADR)
Specific performance
17. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Retreat exception
Personal jurisdiction
Third-party claim
18. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Client trust account
Conflict of interest
Arbitration
Alternative dispute resolution (ADR)
19. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Road Map paragraph
Annotated statutes
Trial courts
Questions of fact
20. A fee calculated as a percentage of the settlement or award in the case.
Substantive law
Writ of execution
Contingency Fee
Property
21. Law dealing with ownership.
Attorney-client privilege
Judgment proof
Broad holding
Property law
22. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Plaintiff
Property
Dissenting opinion
23. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Procedural law
Defendant
Restrictive covenant
24. Consists of records - contracts - leases - wills - and other written instruments.
Road Map paragraph
Equity
Documentary evidence
Shepardizing
25. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Negligence
Personal property
Open Questions
Comparative negligence
26. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Expert witness
Battered woman's or spouse's syndrome
Void for vagueness
Citation
27. The requirement that relief be sought from an administrative agency before proceeding to court.
Hearsay
Appellate or petitioner
Personal recognizance bond
Exhaustion of administrative remedies
28. An opinion that agrees with the majority's result but disagrees with its reasoning.
Narrow Holding
Broad holding
Holding
Concurring opinion
29. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Assumption of the risk
Ethical wall or screen or cone of silence
Reverse
30. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Concurring opinion
Materiality
Treatment
Potential conflict
31. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Judicial restraint
Defendant
Reverse
Treatment
32. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Authentication
Disposition
Dictum
33. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Legal Reasoning
Transition
Miranda warnings
Irresistible impulse test
34. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Constructive eviction
Constitutional law
Appellee or respondent
35. A witness who has not been shown to have any special expertise.
Retainer agreement
Lay witness
Tenancy by the entirety
Federalism
36. Violation of a statute as proof of negligence
Preponderance of the evidence
Negligence per se
Holding
Common law
37. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Lay advocate
Intellectual Property
Deponent
Court of record
38. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Criminal law
Rules of criminal procedure
Leading question
Stare decisis
39. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Primary authority
Assault
Issue of first impression
40. In a case brief - the general legal principle in existence before the case began.
Rule
Reverse
Citation
Westlaw
41. The modern pretrial procedure by which one party gains information from the adverse party.
Remand
Discovery
Fixed Fee
Fact
42. The failure to act reasonably under the circumstances.
Comparative negligence
Negligence
Default judgment
Affirmative defense
43. Liability without having to prove fault.
Contingency Fee
Broad holding
Strict liability
Invasion of Privacy
44. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Motion for a new trial
Actual cause
Judgment
45. Proof that the evidence is what it is said to be.
Authentication
Cumulative evidence
Comparative negligence
Competency
46. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Discovery
Legal services offices
Entrapment
47. An actual incident or condition; not a legal consequence.
Specific performance
Client trust account
Assumption of the risk
Fact
48. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Judgment
Motion for a new trial
Harmless error
49. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Subject matter jurisdiction
Relevancy
Mediation
per curium
50. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Deposition
Tort law
Caption
Registration