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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 request that the court release the defendant because of the illegality of the incarceration.
Class action suit
Writ of habeas corpus
Disposition
Motion to require a finding of not guilty
2. To perform.
Legal clinic
Lay witness
Comparative negligence
Execute
3. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Arraignment
Product misuse
Assumption of the risk
Real property
4. General principles that guide the courts in their interpretation of statutes.
Concurrent conflict of interest
Canons of construction
Syllabus
Testimonial evidence
5. Violation of a statute as proof of negligence
Vicarious representation
Negligence per se
Judgment notwithstanding the verdict (judgment N.O.V.)
Execute
6. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Appellee or respondent
Overrule
Legislative intent
7. A repeat offender; one who continues to commit more crimes.
Paralegal
Recidivist
International Paralegal Management Association (IPMA) www.paralegal management.org
Mediation
8. The reference to a particular page within an opinion.
Assumption of the risk
Loislaw
Plain view doctrine
Pinpoint cite
9. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Constructive
Contract
Unofficial reporter
Contingency Fee
10. Consists of records - contracts - leases - wills - and other written instruments.
Plaintiff
Plain meaning
Dissenting opinion
Documentary evidence
11. A fee calculated as a percentage of the settlement or award in the case.
Negligence
Headnote
Complaint
Contingency Fee
12. 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.
Irresistible impulse test
Appellant or petitioner
Liberal construction
Motion in limine
13. The pretrial oral questioning of a witness under oath.
Federalism
Deposition
Tickler System
Equity
14. An opinion in which a majority of the court joins.
Westlaw
Majority opinion
Arbitration
Evidence
15. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Trial courts
Original jurisdiction
Indictment
American Association for Paralegal Education (AAfPE) www.aafpe.org
16. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Rules of evidence
Motion for a new trial
Legislative history
Procedural law
17. Questions that suggest the answer.
Legal writing
Leading questions
Discovery
Unofficial reporter
18. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Consideration
Class action suit
Entrapment
Questions of fact
19. The new legal principle established by a court opinion.
Holding
Alternative dispute resolution (ADR)
On point
Res ipsa loquitur
20. Used to describe legislation that changes the common law.
Inculpatory evidence
Stop and frisk
Strict liability
Derogation of the common law
21. A trial court error that is not sufficient to warrant reversing the decision.
Deponent
Procedural facts
Harmless error
Irresistible impulse test
22. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Valid
Bill of Rights
Subpoena duces tecum
23. Representing someone who is in a position adverse to a prior client.
Competency
Property
Successive conflict of interest
Major premise
24. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Testimonial evidence
Suspension
Code of Federal Regulations (C.F.R.)
25. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Legal fiction
Miranda warnings
Popular name table
Plea bargaining
26. A law promulgated by an administrative agency.
Regulation
Registration
Peremptory challenge
Injunction
27. Monetary compensation - including compensatory - punitive - and nominal damages.
Counterclaim
Citation
Damages
Civil law
28. An agreement supported by consideration.
Contract
Laws
Billable hours
Judicial activism
29. Disregarding a substantial and unjustifiable risk that harm will result.
Insanity defense
Overrule
Recklessness
Annotated statutes
30. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Legal technician
Bail
Procedural facts
31. A bank account used to hold money belonging to the client or to a third party.
Statutes of limitations
Client trust account
Adverse possession
Grand jury
32. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Rule 56 motion (summary judgment motion)
Issue of first impression
Bailment
Code of Federal Regulations (C.F.R.)
33. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Retainer
Limited liability partnership (LLP)
Quiet enjoyment
Cause of action
34. Cases that involve different facts and/or rules of law.
Injunction
Distinguishable cases
Active Listening
Tort law
35. When an appellate court sends a case back to the trial court for a new trial or other action.
Compensatory damages
Open Questions
Equity
Remand
36. Any tangible object - like a bloody glove.
Real or physical evidence
Cumulative evidence
Exclusive jurisdiction
Questions of fact
37. The party in a lawsuit against whom an appeal has been filed.
Adverse possession
Defendant
Appellee or respondent
Laws
38. The number of hours - or parts of an hour - that can be charged to a specific client.
Minor premise
Warrant
Motion to suppress
Billable hours
39. The justified use of force to protect oneself or others.
International Paralegal Management Association (IPMA) www.paralegal management.org
Self-defense
Reversible error
Preemption
40. Land and objects permanently attached to land.
Arrest
Real property
Irresistible impulse test
Personal property
41. Law that regulates how the legal system operates.
Distinguishable cases
Procedural law
Nolo contendere
Minimum contacts
42. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Constructive
Contingency fee
Miranda warnings
43. Voluntarily and knowingly subjecting oneself to danger.
Property law
Assumption of the risk
U.S. Supreme Court
Caption
44. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Concurrent jurisdiction
Paralegal
Arrest
Constructive
45. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Retainer
Limited liability partnership (LLP)
12(b)(6) motion
46. A constitutional protection against being tried twice for the same crime.
Limited jurisdiction
Testimonial evidence
Double jeopardy
Substantial capacity test
47. All property that is not real property.
Active Listening
Strict construction
Personal property
Necessity
48. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Alternative dispute resolution (ADR)
Appellee or respondent
Judicial activism
49. A separable part of a statute that must be satisfied for the statute to apply.
Personal recognizance bond
Exculpatory evidence
Procedural facts
Statutory element
50. Law that deals with harm to society as a whole.
Minimum contacts
Quiet enjoyment
Legal clinic
Criminal law