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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 calendering system that records key dates and important deadlines.
Tickler System
Paralegal
Slip laws
Appellate brief
2. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Exclusionary rule
Certified
Arbitration
Potential conflict
3. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Personal recognizance bond
Plaintiff
Notice pleading
Hourly rate
4. 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
Pocket part
Indictment
Transition
5. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Agent
Motion for a new trial
Deductive reasoning
6. An opinion in which a majority of the court joins.
Majority opinion
Comparative negligence
No-knock warrant
Court of record
7. 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.
Corroborative evidence
Loislaw
Legal fiction
Personal jurisdiction
8. Proof that the evidence is what it is said to be.
Authentication
Compulsory joinder
Citing case
Writ of certiorari
9. A national voluntary organization of lawyers.
Major premise
Judgment
American Bar Association (ABA) www.abanet.org
Answer
10. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Concurring opinion
Contributory negligence
Strict liability
Statutory element
11. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Double jeopardy
Active Listening
Invasion of Privacy
Freelance Paralegal
12. The process of properly identifying and authenticating evidence so that it can be introduced.
On all fours
Lay a foundation
Probable cause
Dissenting opinion
13. 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.
Easement
Complaint
Direct examination
Appellate brief
14. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Pocket part
Jurisdiction
Professional Corporation (PC)
En banc
15. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Trial courts
Legal services offices
Harmless error
Implied warranty of habitability
16. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Reversible error
Certified
Joint tenancy
Case reporters
17. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Case reporters
Black-letter law
Treatment
18. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Substantive facts
Exhaustion of administrative remedies
Verification
Rules of evidence
19. A provision that purports to waive liability.
Constructive
Exculpatory clause
Challenge for cause
Hearsay
20. The power of government to take private property for public purposes.
Defamation
Eminent Domain
Plaintiff
Intellectual Property
21. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Intellectual Property
Judicial notice
Certificated
Valid
22. A law enacted by a state legislature or by Congress.
Void for vagueness
Statute
Respondeat superior
Counterclaim
23. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Certificated
Power of judicial review
Challenge for cause
Mens rea
24. The educated ability to apply law to specific facts.
Professional judgment
Entrapment
Direct examination
Doctrine of implied powers
25. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Motion to require a finding of not guilty
Entrapment
Mens rea
Issue of first impression
26. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Citing case
Entrapment
Service
Exculpatory evidence
27. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Search engine
Limited liability partnership (LLP)
Leading question
Practice of law
28. A witness who possesses skill and knowledge beyond that of the average person.
Regulation
Expert witness
Grand jury
Fact
29. The power of a court to hear a particular type of case.
Pleading in the alternative
Headnote
Subject matter jurisdiction
Lay witness
30. Evidence that supports previous testimony but that comes in a different form.
Restatement of the Law of Torts - Second
Recidivist
Corroborative evidence
Major premise
31. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Assumption
Popular name table
Common law
Real Property
32. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Relevancy
Judicial restraint
Vicarious representation
Legal writing
33. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Primary authority
Major premise
Original jurisdiction
34. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Hypertext links
Arbitration
Harmless error
35. A defense requiring proof that the defendant was not mentally responsible.
General jurisdiction
Federalism
Potential conflict
Insanity defense
36. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Comparative negligence
Model Rules of Professional Conduct
Challenge for cause
Prior case history
37. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Legal malpractice
Questions of law
Remand
Arbitration
38. Governmental publication of court opinions.
Necessity
Code of Federal Regulations (C.F.R.)
Official reporter
Court of record
39. Used to describe legislation that changes the common law.
Derogation of the common law
U.S. district courts
Concurring opinion
Specific performance
40. Liability without a showing of fault.
Cross-examination
Motion in limine
Hearsay
Strict liability
41. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Adverse possession
Structured database
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Constitutional law
42. Courts that determine the facts and apply the law to the facts.
Answer
Trial courts
Structured database
Mistrial
43. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Preponderance of the evidence
American Bar Association (ABA) www.abanet.org
Rule 56 motion (summary judgment motion)
Motion for a new trial
44. The person who is being asked questions at a deposition.
Deponent
National Association of Legal Assistants (NALA) www.nala.org
Interrogatories
Registration
45. Rules and regulations created by administrative agencies.
Fact
Documentary evidence
Administrative law
Freelance Paralegal
46. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Reverse
Client trust account
Self-defense
Leading question
47. An opinion that disagrees with the majority's decision and its reasoning.
Grand jury
Dissenting opinion
Personal property
Assumption of the risk
48. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Leading questions
Legal writing
Service
49. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Tickler System
Overrule
Judicial activism
Retreat exception
50. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Contract
Contingency Fee
Court of record
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