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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. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Persuasive authority
Pocket part
Minimum contacts
2. Evidence that does not add any new information but that confirms facts that already have been established.
Subsequent case history
Mens rea
Cumulative evidence
Judgment
3. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Void for vagueness
Joint tenancy
Hearsay
Complaint
4. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Reverse
Caption
Persuasive authority
5. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Statute
Challenge for cause
Rules of evidence
Constitutional law
6. When an appellate court overturns or negates the decision of a lower court.
Lay witness
Fact
Reverse
Westlaw
7. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Search engine
Verdict
Potential conflict
Persuasive authority
8. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Holding
Partnership
Bailment
Reverse
9. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Codification
Count
Summary jury trials
General jurisdiction
10. 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
Discovery
Assumption of the risk
Ejusdem generis
11. When a higher court agrees with what lower court has done.
Compulsory joinder
Punitive damages
Affirm
Summons
12. Evidence that supports previous testimony but that comes in a different form.
Contributory negligence
En banc
Pretrial motion
Corroborative evidence
13. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Trial courts
Open Questions
Reverse
14. The opinion of a jury on a question of fact.
Freelance Paralegal
Civil law
Narrow Holding
Verdict
15. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Regulation
Treatment
Request for admissions
Affirm
16. In a case brief - the rule of law applied to the case's specific facts.
Corroborative evidence
Issue
Reverse
Reprimand or censure
17. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Appellee or respondent
Stop and frisk
Caption
Black-letter law
18. Generally - an emergency situation that allows a search to proceed without a warrant.
Appellee or respondent
Writ of certiorari
Broad holding
Exigent circumstances
19. A calendering system that records key dates and important deadlines.
Judicial activism
Tickler System
Appellate brief
Cause of action
20. A person who permits or directs another person to act on the principal's behalf.
Corroborative evidence
Principle
Civil law
Best evidence rule
21. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Booking
Bench trial
Subpoena duces tecum
U.S. Court of Appeals
22. All property that is not real property.
Overrule
Contingency fee
Personal property
Dissenting opinion
23. The questioning of your own witness.
Direct examination
Holding
Legal Reasoning
Certificated
24. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
On point
Necessity
Guardian
Legal malpractice
25. A tort committed by one who intends to do the act that creates the harm.
Testimonial evidence
Real property
Intentional tort
Easement
26. The party in a lawsuit against whom an appeal has been filed.
Issue
Appellee or respondent
Mens rea
Notice pleading
27. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Registration
Recklessness
Mandatory authority
28. The law itself - such as statutes and court opinions.
Primary authority
Irresistible impulse test
Judgment
Comparative negligence
29. The first ten amendments to the U.S. Constitution.
Certificated
Bill of Rights
Primary authority
Battery
30. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Guardian
Lay advocate
Ethical wall or screen or cone of silence
American Association for Paralegal Education (AAfPE) www.aafpe.org
31. The number of hours - or parts of an hour - that can be charged to a specific client.
Personal jurisdiction
Equity
Recklessness
Billable hours
32. The new legal principle established by a court opinion.
Holding
Narrow Holding
Discovery
Suspension
33. Questions relating to what happened: who - what - when - where - and how.
Request for admissions
Lay a foundation
Direct examination
Questions of fact
34. Federal and state rules that govern the admissibility of evidence in court.
Ethical wall or screen or cone of silence
American Association for Paralegal Education (AAfPE) www.aafpe.org
Respondeat superior
Rules of evidence
35. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Affirm
Voir dire
Indictment
Appellee or respondent
36. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Adverse possession
Ejusdem generis
Judicial notice
Personal recognizance bond
37. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Loislaw
Cause of action
Landmark decision
Exigent circumstances
38. The power of government to take private property for public purposes.
Paralegal
Punitive damages
Entrapment
Eminent Domain
39. A request that the court prohibit the use of certain evidence at the trial.
Legal services offices
Motion
Answer
Motion to suppress
40. A term used to describe a case that is similar to another case.
On point
Preponderance of the evidence
Challenge for cause
Plain meaning
41. Something of value exchanged to form the basis of a contract.
Canons of construction
Restatement of the Law of Torts - Second
Consideration
Unauthorized practice of law
42. 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).
Pleading in the alternative
Joint tenancy
Voir dire
Authentication
43. Bad act.
Compensatory damages
Overrule
Administrative law
Actus rea
44. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Enabling act
Codification of the common law
Legal Research
45. Liability without having to prove fault.
Strict construction
Competency
Strict liability
Codification
46. A token sum awarded when liability has been found but monetary damages cannot be shown.
Summary jury trials
Nominal damages
Legislative history
Notice
47. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Fixed Fee
Beyond a reasonable doubt
Case citation
Bail
48. An opinion that agrees with the majority's result but disagrees with the reasoning.
Transition
Remand
Concurring opinion
Exclusive jurisdiction
49. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Fixed Fee
Canons of construction
Relevancy
Annotated statutes
50. Used to describe legislation that changes the common law.
No-knock warrant
Derogation of the common law
Mediation
Property