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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 failure to act reasonably under the circumstances.
Active Listening
Assumption
Class action suit
Negligence
2. The justified use of force to protect oneself or others.
Negligence per se
Self-defense
Issue of first impression
Freelance Paralegal
3. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Overrule
Holding
Proving a case within a case
Secondary authority
4. The publication of false statements that harm a person's reputation.
Freelance Paralegal
Execute
Motion for a new trial
Defamation
5. The reference to a particular page within an opinion.
Void for vagueness
Administrative law
Shepardizing
Pinpoint cite
6. A meeting of the attorneys and the judge prior to the beginning of the trial.
Concluding paragraph
Reprimand or censure
Pretrial conference
12(b)(6) motion
7. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Constructive eviction
Best evidence rule
Lexis
Narrow Holding
8. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Competency
Intellectual Property
Successive conflict of interest
9. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Model Rules of Professional Conduct
Remand
Loislaw
10. The process of finding the law.
Bailment
Shepardizing
Case reporters
Legal Research
11. Questions relating to the interpretation or application of the law.
Issue
Counterclaim
Entrapment
Questions of law
12. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Reverse
Statutes of limitations
Prior case history
13. A court order requiring a person to appear to testify at a trial or deposition.
Tort law
Harmless error
Subpoena
Hypertext links
14. A method for excusing a prospective juror; no reason need be given.
Confidentiality
U.S. Court of Appeals
Substantive facts
Peremptory challenge
15. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Restrictive covenant
Questions of fact
Grand jury
16. A trial court error that is not sufficient to warrant reversing the decision.
Practice of law
Plaintiff
Miranda warnings
Harmless error
17. The power of a court to hear a case.
Holding
Restatement of the Law of Torts - Second
Practice of law
Jurisdiction
18. A provision that purports to waive liability.
Lay witness
Fixed Fee
Exculpatory clause
Appellate brief
19. Any tangible object - like a bloody glove.
Disposition
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Nominal damages
Real or physical evidence
20. A national voluntary organization of lawyers.
Common law
Comparative negligence
American Bar Association (ABA) www.abanet.org
Subpoena
21. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Confidentiality
Legislative intent
Leading questions
Federalism
22. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Trial courts
U.S. Supreme Court
Legal technician
Implied warranty of habitability
23. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Confidentiality
Certificated
Judicial activism
24. Representing someone who is in a position adverse to a prior client.
Notice pleading
Affirm
Constructive
Successive conflict of interest
25. A canon of construction meaning 'of the same class.:
Assumption
Ejusdem generis
Invasion of Privacy
Remand
26. A constitutional protection against being tried twice for the same crime.
Preponderance of the evidence
Exculpatory clause
Reprimand or censure
Double jeopardy
27. Specific questions that usually demand very short or yes-no answers.
Cumulative evidence
Pocket part
Defendant
Closed Questions
28. 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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29. A witness who has not been shown to have any special expertise.
Pretrial motion
Lay witness
Appellate or petitioner
Overbreadth
30. An opinion in which a majority of the court joins.
Questions of fact
Search engine
Majority opinion
Cross-examination
31. The general jurisdiction trial courts in the federal system.
Practice of law
U.S. district courts
Criminal law
Void for vagueness
32. A statute establishing and setting out the powers of an administrative agency.
Double jeopardy
Enabling act
Legal clinic
Search engine
33. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Comparative negligence
Service
Judgment notwithstanding the verdict (judgment N.O.V.)
Motion
34. 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
Standing
Equity
Hourly rate
No-knock warrant
35. 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.
Slip laws
Summary jury trials
Motion for a new trial
Hypertext links
36. Evidence that suggests the defendant's innocence.
Subpoena duces tecum
Exculpatory evidence
Assumption of the risk
Grand jury
37. The questioning of your own witness.
Legislative intent
Actus rea
Derogation of the common law
Direct examination
38. The party in a case who has initiated an appeal.
Appellate or petitioner
Dictum
Property
Holding
39. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Disposition
Exclusive jurisdiction
Directed verdict
40. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Diversity jurisdiction
Model Rules of Professional Conduct
Evidence
Clear and convincing
41. 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.
Official reporter
Citing case
Defendant
Guardian
42. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Retainer agreement
Motion for a new trial
Substantive law
43. A pamphlet inserted into the back of a book containing information new since the volume was published.
Citing case
Hourly rate
Pocket part
Unauthorized practice of law
44. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Conflict of interest
Rule
Minor premise
Harmless error
45. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Subject matter jurisdiction
Appellant or petitioner
Mistrial
En banc
46. Liability without having to prove fault.
Strict liability
Entrapment
Federalism
Judgment
47. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
Real property
Regulation
Contingency Fee
48. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Syllabus
Reverse
Reprimand or censure
49. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Appellant or petitioner
Principle
Cause of action
Restatement of the Law of Torts - Second
50. Without the need for a warrant - the police may seize objects that are openly visible.
Compulsory joinder
Personal property
Plain view doctrine
Specific performance