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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. The process of legislative enactment of areas of the law previously governed solely by the common law.
Proving a case within a case
Restatement of the Law of Torts - Second
Persuasive authority
Codification of the common law
2. The new legal principle established by a court opinion.
Holding
Arrest
Structured database
Strict construction
3. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Remedial statute
Injunction
Legal technician
Harmless error
4. Rules and regulations created by administrative agencies.
Products liability
Administrative law
Subpoena duces tecum
Holding
5. The general jurisdiction trial courts in the federal system.
Successive conflict of interest
Directed verdict
Client trust account
U.S. district courts
6. A separable part of a statute that must be satisfied for the statute to apply.
Road Map paragraph
Partnership
Statutory element
Questions of fact
7. The status of having received a certificate documenting that the person has successfully completed an educational program.
Real or physical evidence
Retainer agreement
Warrant
Certificated
8. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Defendant
Class action suit
Full-text searches
Contingency Fee
9. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Diversity jurisdiction
Headnote
Transition
Remedial statute
10. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Exclusionary rule
Leading question
Structured database
Easement
11. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Mistrial
Subsequent case history
Paralegal
Citing case
12. A national voluntary organization of lawyers.
Internet
American Bar Association (ABA) www.abanet.org
Double jeopardy
Intellectual Property
13. A canon of construction meaning 'of the same class.:
Ejusdem generis
Recklessness
Appellate courts
Comparative negligence
14. The first ten amendments to the U.S. Constitution.
Plaintiff
Request for admissions
Bill of Rights
Double jeopardy
15. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Motion to require a finding of not guilty
Writ of certiorari
Restatement of the Law of Torts - Second
Grand jury
16. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Concurring opinion
Interrogatories
Plaintiff
Invasion of Privacy
17. A request made to the court.
Contract
Miranda warnings
Motion
Persuasive authority
18. A set of standardized jury instructions.
Treatment
On point
Pattern jury instructions
Strict liability
19. 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.
Bail
Clear and convincing
Constructive
Questions of law
20. Not factually true - but accepted by the courts as being legally true.
Code of Federal Regulations (C.F.R.)
Warrant
Legal clinic
Constructive
21. A court opinion that establishes new law in an important area.
Landmark decision
Judgment proof
Hearsay
Plain view doctrine
22. 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
Probable cause
Stare decisis
Open Questions
Cross-claim
23. A reason for invalidating a statute where it covers both protected and criminal activity.
Assumption of the risk
Overrule
Tenancy in common
Overbreadth
24. The power of government to take private property for public purposes.
Codification
Disposition
Eminent Domain
Property law
25. Any tangible object - like a bloody glove.
Real or physical evidence
Products liability
Assumption
Reverse
26. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Issue
Mistrial
Secondary authority
Irresistible impulse test
27. Law that regulates how the legal system operates.
Common law
National Association of Legal Assistants (NALA) www.nala.org
Insanity defense
Procedural law
28. Standard used by appellate courts when reviewing a trial court's findings of fact.
Major premise
Dismissal with prejudice
Default judgment
Clearly erroneous
29. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Judicial activism
Irresistible impulse test
On point
Complaint
30. A computerized database that contains key information about the content of documents - such as medical records.
Retainer
Structured database
Void for vagueness
Plaintiff
31. The questioning of an opposing witness.
Cross-examination
American Association for Paralegal Education (AAfPE) www.aafpe.org
Probable cause
Assumption of the risk
32. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Standing
Retainer
Subpoena duces tecum
33. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Overrule
Legislative history
Contributory negligence
Tort law
34. 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.
Deposition
Legislative history
Exigent circumstances
Fruit of the poisonous tree doctrine
35. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Transition
Trial courts
Defendant
Fruit of the poisonous tree doctrine
36. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Summary jury trials
Affirm
Active Listening
Interrogatories
37. The reference to a particular page within an opinion.
Annotated statutes
Reverse
Pinpoint cite
Rules of evidence
38. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Legal clinic
Federalism
Entrapment
39. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Constructive
Arraignment
Concurrent conflict of interest
Plain meaning
40. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Cumulative evidence
Strict liability
Assumption of the risk
Transition
41. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Property law
Product misuse
Defamation
Mistrial
42. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Easement
Assault
Canons of construction
Booking
43. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Legal clinic
Class action suit
Duress
44. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Joint tenancy
Reversible error
Legal writing
Attorney-client privilege
45. An opinion that disagrees with the majority's decision and its reasoning.
Harmless error
Judicial review
Road Map paragraph
Dissenting opinion
46. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Defamation
Alternative dispute resolution (ADR)
Arraignment
47. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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48. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
Charging the jury
Rules of evidence
Motion for a new trial
49. The tort theory that an employer can be sued for the negligent acts of its employees.
Subject matter jurisdiction
Void for vagueness
Overrule
Respondeat superior
50. The power of the federal courts to hear matters of federal law.
Strict construction
Narrow Holding
Structured database
Federal question jurisdiction