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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 publication of false statements that harm a person's reputation.
Defamation
Diversity jurisdiction
Affirmative defense
Quiet enjoyment
2. Court decisions from a higher court in the same jurisdiction.
Trial courts
Concluding paragraph
Mandatory authority
Nominal damages
3. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Challenge for cause
Damages
Doctrine of implied powers
Court of record
4. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Plain meaning
Potential conflict
General jurisdiction
Substantive law
5. 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
Verdict
Inculpatory evidence
Personal jurisdiction
6. A requirement that a party fulfill his or her contractual obligations.
Preponderance of the evidence
Battery
Concurring opinion
Specific performance
7. A determination that an attorney may not practice law for a set period of time.
Products liability
Prima facie case
Inculpatory evidence
Suspension
8. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Ejusdem generis
Constructive eviction
Landmark decision
Personal jurisdiction
9. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Real Property
Testimonial evidence
Appellate courts
Original jurisdiction
10. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Bench trial
American Bar Association (ABA) www.abanet.org
Comparative negligence
Common law
11. Bad intent.
Black-letter law
Appellate courts
Mens rea
Negligence
12. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Personal property
Search engine
Entrapment
13. The power of government to take private property for public purposes.
Insanity defense
Prior case history
Substantive facts
Eminent Domain
14. A request that the court release the defendant because of the illegality of the incarceration.
Inculpatory evidence
Overbreadth
Writ of habeas corpus
Directed verdict
15. Courts that determine whether lower courts have made errors of law.
Doctrine of implied powers
Secondary authority
Appellate courts
Separation of powers
16. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Answer
Arraignment
En banc
17. The chronological publication of statutes at the end of a legislative session.
Statutes at large or session laws
Exculpatory clause
Confidentiality
Writ of execution
18. Simultaneously representing adverse clients.
Rules of criminal procedure
Procedural law
Concurrent conflict of interest
Transition
19. 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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20. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Enabling act
Arbitration
Appellate or petitioner
Motion
21. A defendant's personal promise to appear in court.
Negligence
Contingency Fee
Punitive damages
Personal recognizance bond
22. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Retainer agreement
Tenancy in common
Punitive damages
Answer
23. An approach whereby the courts give a statute a broad interpretation.
Joint tenancy
Duress
Contributory negligence
Liberal construction
24. A court's power to hear any type of case arising within its geographical area.
Injunction
Compulsory joinder
General jurisdiction
Substantive law
25. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Corroborative evidence
Default judgment
Strict liability
Personal property
26. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Attorney-client privilege
Deposition
Treatment
Search engine
27. Money is awarded to a plaintiff in payment for his or her actual losses.
Code of Federal Regulations (C.F.R.)
Compensatory damages
Reasonable suspicion
Practice of law
28. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Exclusionary rule
Actus rea
National Association of Legal Assistants (NALA) www.nala.org
29. The revocation of an attorney's license.
Disbarment
Derogation of the common law
Concluding paragraph
Dictum
30. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Legislative history
Reverse
Code of Federal Regulations (C.F.R.)
Criminal law
31. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Execute
Billable hours
Negligence per se
Service
32. A method for excusing a prospective juror; no reason need be given.
Respondeat superior
Product misuse
Judgment
Peremptory challenge
33. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Practice of law
Paralegal
Assault
Legal Research
34. The pretrial oral questioning of a witness under oath.
Separation of powers
Majority opinion
Deposition
Judgment
35. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Void for vagueness
Transition
Harmless error
American Association for Paralegal Education (AAfPE) www.aafpe.org
36. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Service
Constitutional law
Questions of fact
37. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Search engine
Full-text searches
Reprimand or censure
Persuasive authority
38. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
On all fours
Contributory negligence
Lay witness
Lay advocate
39. The party in a case who has initiated an appeal.
Treatment
Substantial capacity test
Appellate or petitioner
Notice
40. A person who initiates an appeal.
Appellant or petitioner
Court of record
Challenge for cause
Deductive reasoning
41. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Products liability
Ethical wall or screen or cone of silence
Entrapment
Major premise
42. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Actus rea
Leading question
Freelance Paralegal
Exculpatory evidence
43. A separable part of a statute that must be satisfied for the statute to apply.
Double jeopardy
Statutory element
Appellate or petitioner
Appellant or petitioner
44. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Comparative negligence
Legal technician
Jurisdiction
Legislative intent
45. The new legal principle established by a court opinion.
Suspension
Holding
Code of Federal Regulations (C.F.R.)
Affirmative defense
46. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Stop and frisk
Best evidence rule
Consideration
Proving a case within a case
47. 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.
Damages
Procedural facts
Verdict
Arraignment
48. An opinion that disagrees with the majority's decision and its reasoning.
Confidentiality
Plain view doctrine
Void for vagueness
Dissenting opinion
49. A right to use property owned by another for a limited purpose.
Easement
Disposition
Administrative law
Negligence
50. A summary of one legal point in a court opinion; written by the editors at West.
Retainer
Consideration
Headnote
Mistrial