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Test your basic knowledge |
Paralegal 101
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Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
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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. 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).
Distinguishable cases
Trial courts
Judgment notwithstanding the verdict (judgment N.O.V.)
Joint tenancy
2. A computerized database that contains key information about the content of documents - such as medical records.
Mens rea
Structured database
Proximate cause
Evidence
3. Liability without having to prove fault.
Strict liability
Concurring opinion
Grand jury
Concurrent jurisdiction
4. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Directed verdict
Harmless error
National Association of Legal Assistants (NALA) www.nala.org
Third-party claim
5. A pamphlet inserted into the back of a book containing information new since the volume was published.
Double jeopardy
Pocket part
Contingency Fee
Concurring opinion
6. A person who initiates a lawsuit.
Federalism
Direct examination
Documentary evidence
Plaintiff
7. Any tangible object - like a bloody glove.
Miranda warnings
Overbreadth
Real or physical evidence
Fixed Fee
8. Questions relating to what happened: who - what - when - where - and how.
Assumption
Questions of fact
Broad holding
Charging the jury
9. The power of the federal courts to hear matters of federal law.
Syllabus
Verification
Cause of action
Federal question jurisdiction
10. A method for excusing a prospective juror; no reason need be given.
Affirmative defense
Peremptory challenge
Closed Questions
Motion
11. General principles that guide the courts in their interpretation of statutes.
Substantive facts
Leading questions
Canons of construction
Enabling act
12. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Stop and frisk
Contract
Default judgment
13. The tort theory that an employer can be sued for the negligent acts of its employees.
Constructive eviction
Respondeat superior
Personal jurisdiction
Verification
14. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Holding
Common law
Best evidence rule
Disposition
15. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Judicial restraint
Legal technician
Damages
Duress
16. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Relevancy
Appellate courts
Headnote
Substantive law
17. Evidence that supports previous testimony but that comes in a different form.
Concluding paragraph
Slip laws
Corroborative evidence
Challenge for cause
18. Law that deals with harm to society as a whole.
Exculpatory evidence
Appellee or respondent
Statutory element
Criminal law
19. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Beyond a reasonable doubt
Execute
Distinguishable cases
20. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Materiality
Comparative negligence
Quiet enjoyment
Laws
21. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Guardian
per curium
Successive conflict of interest
Materiality
22. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Broad holding
Judgment notwithstanding the verdict (judgment N.O.V.)
Necessity
Warrant
23. The educated ability to apply law to specific facts.
Professional judgment
Bailment
Appellee or respondent
American Association for Paralegal Education (AAfPE) www.aafpe.org
24. 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.
Derogation of the common law
Writ of certiorari
Prima facie case
Open Questions
25. An opinion that agrees with the majority's result but disagrees with its reasoning.
Persuasive authority
Judicial activism
Concurring opinion
Standing
26. 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.
Clearly erroneous
Limited jurisdiction
Citation
Loislaw
27. 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.
Defendant
Federalism
Relevancy
Circumstantial evidence
28. Courts that determine the facts and apply the law to the facts.
Trial courts
Stop and frisk
Duress
Questions of law
29. The party in a lawsuit against whom an appeal has been filed.
Trial courts
Persuasive authority
Constitutional law
Appellee or respondent
30. A case listed in Shepard's that cites your case.
Tenancy by the entirety
Res ipsa loquitur
Popular name table
Citing case
31. A national voluntary organization of lawyers.
Real or physical evidence
Enabling act
American Bar Association (ABA) www.abanet.org
No-knock warrant
32. The chronological publication of statutes at the end of a legislative session.
Actual cause
Plea bargaining
Statutes at large or session laws
Defamation
33. An agreement supported by consideration.
Contract
Answer
Best evidence rule
Deductive reasoning
34. A meeting of the attorneys and the judge prior to the beginning of the trial.
Pretrial conference
Leading question
Slip laws
Statutes of limitations
35. The new legal principle established by a court opinion.
Holding
Case reporters
Real or physical evidence
Nominal damages
36. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Certified
Charging the jury
Disposition
37. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Questions of fact
Active Listening
Summons
Negligence
38. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Motion for a new trial
Adverse possession
Rules of criminal procedure
39. A statute establishing and setting out the powers of an administrative agency.
Circumstantial evidence
Enabling act
Prior case history
Official reporter
40. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Disposition
Substantial capacity test
Remand
Limited liability partnership (LLP)
41. Questions relating to the interpretation or application of the law.
Prior case history
Subsequent case history
Questions of law
M'Naghten test
42. The process of finding the law.
Circumstantial evidence
Unauthorized practice of law
Legal Research
Proximate cause
43. Court decisions from a higher court in the same jurisdiction.
Federal question jurisdiction
Entrapment
Mandatory authority
Strict liability
44. A court order authorizing a sheriff to take property in order to enforce a judgment.
Beyond a reasonable doubt
Writ of execution
U.S. district courts
Clear and convincing
45. The result reached in a particular case.
Lay advocate
Hearsay
Disposition
per curium
46. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Mandatory authority
Injunction
Intellectual Property
Service
47. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Valid
Actus rea
Comparative negligence
48. The rules whereby all members of a law firm are treated as though they had represented the former client.
Personal jurisdiction
Vicarious representation
Real or physical evidence
Cause of action
49. 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.
Issue of first impression
Contributory negligence
Federal question jurisdiction
Adverse possession
50. A claim by the defendant against the plaintiff.
Subpoena
Counterclaim
Unofficial reporter
Negligence
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