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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. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Probable cause
On all fours
Shepardizing
Issue of first impression
2. The opinion of a jury on a question of fact.
Active Listening
Concurring opinion
Cross-examination
Verdict
3. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Case citation
Minimum contacts
Personal property
4. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
Booking
Charging the jury
Statutory element
5. A term used to describe a case that is similar to another case.
Interrogatories
Affirm
Circumstantial evidence
On point
6. An agreement supported by consideration.
Liberal construction
Model Rules of Professional Conduct
Contract
Writ of execution
7. The new legal principle established by a court opinion.
Notice
Holding
Retainer
Personal property
8. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Statutes at large or session laws
Citation
Overbreadth
Appellee or respondent
9. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Quiet enjoyment
Dismissal with prejudice
Battered woman's or spouse's syndrome
Removal
10. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Mediation
Exclusionary rule
Punitive damages
Personal jurisdiction
11. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Fact
Retainer agreement
Comparative negligence
False imprisonment
12. A statute that changes the common law.
Clearly erroneous
Lay witness
Statute in derogation of the common law
Lay advocate
13. 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.
Motion to suppress
Arbitration
Booking
Beyond a reasonable doubt
14. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Restatement of the Law of Torts - Second
Concluding paragraph
Overrule
Authentication
15. When an appellate court that normally sits in panels sits as a whole.
Subsequent case history
Digest
En banc
Punitive damages
16. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Probable cause
Dissenting opinion
Void for vagueness
Class action suit
17. The general jurisdiction trial courts in the federal system.
Valid
Retainer
U.S. district courts
Property law
18. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Minimum contacts
Clear and convincing
Subsequent case history
Headnote
19. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Limited jurisdiction
American Association for Paralegal Education (AAfPE) www.aafpe.org
Narrow Holding
Cumulative evidence
20. A calendering system that records key dates and important deadlines.
Judicial review
Strict construction
Tickler System
Diversity jurisdiction
21. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Professional judgment
Procedural facts
Deponent
No-knock warrant
22. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Rule 56 motion (summary judgment motion)
Internet
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Lay a foundation
23. 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.
Summary jury trials
Assumption of the risk
Caption
Necessity
24. A national organization of paralegal programs that promotes high standards for paralegal education.
Strict liability
American Association for Paralegal Education (AAfPE) www.aafpe.org
Actual cause
Agent
25. Being informed of some act done or about to be done.
Product misuse
Notice
Entrapment
Treatment
26. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Billable hours
Black-letter law
Mistrial
27. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Proving a case within a case
Motion to require a finding of not guilty
Reverse
Overrule
28. Liability without a showing of fault.
Majority opinion
Statutory element
International Paralegal Management Association (IPMA) www.paralegal management.org
Strict liability
29. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Third-party claim
Affirmative defense
Double jeopardy
Affirm
30. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Personal property
Statutory element
Self-defense
31. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Restatement of the Law of Torts - Second
Reversible error
Contingency fee
Warrant
32. 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
Intellectual Property
Judgment proof
Pretrial conference
33. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Substantial capacity test
Restatement of the Law of Torts - Second
Competency
34. An approach whereby the courts give a statute a broad interpretation.
Entrapment
Liberal construction
Plain meaning
Request for admissions
35. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Leading question
Corroborative evidence
Deductive reasoning
Assumption of the risk
36. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Lay a foundation
Reversible error
Bail
37. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Res ipsa loquitur
Persuasive authority
Pleadings
Relevancy
38. 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
Self-defense
Harmless error
Subject matter jurisdiction
39. A reason for invalidating a statute where it covers both protected and criminal activity.
Equity
Overbreadth
Arbitration
Real property
40. A judicial philosophy that supports an active role for the judiciary in changing the law.
Subpoena
American Association for Paralegal Education (AAfPE) www.aafpe.org
Judicial activism
Notice
41. In logic - a belief that justifies one in arguing a conclusion.
Motion to suppress
Valid
Assumption
Motion for a new trial
42. 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
Counterclaim
Judicial activism
Equity
Case reporters
43. A separable part of a statute that must be satisfied for the statute to apply.
Digest
Statutory element
Codification
Bill of Rights
44. Monetary compensation - including compensatory - punitive - and nominal damages.
Appellate or petitioner
Power of judicial review
Damages
Concurrent conflict of interest
45. 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.
Fixed Fee
Active Listening
Prima facie case
Judgment
46. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Common law
Legal clinic
Constructive eviction
Citation
47. The power of government to take private property for public purposes.
Pretrial motion
Cumulative evidence
Canons of construction
Eminent Domain
48. To perform.
Intellectual Property
Cross-claim
Execute
Active Listening
49. A public or private statement that an attorney's conduct violated the code of ethics.
Evidence
Reprimand or censure
Legal fiction
American Bar Association (ABA) www.abanet.org
50. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Actus rea
Legal services offices
Recklessness