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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. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Contingency fee
Mandatory authority
Leading question
Nolo contendere
2. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Ethical wall or screen or cone of silence
Writ of habeas corpus
Stop and frisk
Hearsay
3. 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.
Corroborative evidence
Caption
Preponderance of the evidence
Motion to suppress
4. Rules and regulations created by administrative agencies.
Shepardizing
Administrative law
Conflict of interest
Reverse
5. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Property
Original jurisdiction
Jurisdiction
Tenancy in common
6. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
U.S. Supreme Court
Ejusdem generis
Invasion of Privacy
Entrapment
7. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Certificated
Ethical wall or screen or cone of silence
Overrule
Injunction
8. A law enacted by a state legislature or by Congress.
Fact
per curium
Ejusdem generis
Statute
9. The revocation of an attorney's license.
Counterclaim
Black-letter law
Pleadings
Disbarment
10. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
M'Naghten test
Direct examination
Active Listening
Procedural facts
11. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Actual cause
False imprisonment
Statutory element
Court of record
12. Bad act.
Primary authority
Probable cause
Actus rea
Administrative law
13. General principles that guide the courts in their interpretation of statutes.
Proving a case within a case
Federalism
Summons
Canons of construction
14. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Probable cause
Active Listening
Power of judicial review
Deductive reasoning
15. Court decisions from a higher court in the same jurisdiction.
Contingency fee
Exigent circumstances
Mandatory authority
Statutory element
16. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Appellate brief
Contingency fee
Successive conflict of interest
Retreat exception
17. A defense whereby the defendant offers new evidence to avoid judgment.
Nominal damages
Distinguishable cases
Affirmative defense
Client trust account
18. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Specific performance
Mediation
Digest
Issue of first impression
19. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Statute
Default judgment
Popular name table
Grand jury
20. The first ten amendments to the U.S. Constitution.
Motion to require a finding of not guilty
Bill of Rights
Unauthorized practice of law
Direct evidence
21. When an appellate court sends a case back to the trial court for a new trial or other action.
Deductive reasoning
Subject matter jurisdiction
Concurring opinion
Remand
22. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bench trial
Fact
Full-text searches
Bailment
23. In a case brief - the rule of law applied to the case's specific facts.
Property
Probable cause
Citing case
Issue
24. 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.
Holding
Criminal law
Minimum contacts
Plea bargaining
25. 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.
Plain view doctrine
Enabling act
Prima facie case
Holding
26. A trial court error that is not sufficient to warrant reversing the decision.
Peremptory challenge
Exigent circumstances
Issue of first impression
Harmless error
27. A court opinion that establishes new law in an important area.
Affirm
Legal technician
Landmark decision
Affirm
28. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Disposition
Analogous cases
Motion for a new trial
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.
Lay advocate
Clearly erroneous
Civil law
Irresistible impulse test
30. 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.
Federalism
Reasonable suspicion
Certified
Derogation of the common law
31. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Proving a case within a case
Exclusionary rule
Contingency fee
U.S. Supreme Court
32. 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.
Charging the jury
Stop and frisk
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Real property
33. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Equity
Assumption
Minimum contacts
Persuasive authority
34. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Assumption of the risk
Practice of law
Search engine
Federal question jurisdiction
35. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Assumption of the risk
Subpoena
Common law
36. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Void for vagueness
Road Map paragraph
Issue
37. Broad questions that put few limits on the freedom of the respondent.
Hypertext links
Open Questions
Paralegal
Deposition
38. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Dismissal with prejudice
Concluding paragraph
Challenge for cause
Writ of habeas corpus
39. A business run by two or more persons as co-owners.
Real Property
per curium
Overbreadth
Partnership
40. The division of governmental power among the legislative - executive - and judicial branches.
Respondeat superior
Separation of powers
American Bar Association (ABA) www.abanet.org
Remedial statute
41. Rules of conduct promulgated and enforced by the government.
Injunction
Self-defense
Voir dire
Laws
42. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Annotated statutes
Regulation
Third-party claim
Judicial restraint
43. 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
Narrow Holding
No-knock warrant
Statute
44. A compilation of federal administrative regulations arranged by agency.
U.S. Court of Appeals
Concurrent conflict of interest
Code of Federal Regulations (C.F.R.)
Exhaustion of administrative remedies
45. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Real property
Subpoena duces tecum
Pocket part
Exclusionary rule
46. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Appellee or respondent
Strict construction
Battery
Contributory negligence
47. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Property law
Battery
Entrapment
General jurisdiction
48. The number of hours - or parts of an hour - that can be charged to a specific client.
Concluding paragraph
Evidence
Billable hours
Unauthorized practice of law
49. The pretrial oral questioning of a witness under oath.
Laws
Deposition
Legal writing
Diversity jurisdiction
50. Any tangible object - like a bloody glove.
Real or physical evidence
Stare decisis
Majority opinion
U.S. district courts