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Test your basic knowledge |
Paralegal 101
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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. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Res ipsa loquitur
Laws
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Westlaw
2. An issue that the court has never faced before.
Open Questions
Issue of first impression
Writ of habeas corpus
Minor premise
3. Occurs when the police restrain a person's freedom and charge the person with a crime.
Arbitration
Practice of law
Judicial restraint
Arrest
4. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Notice pleading
Motion
Duress
Easement
5. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Quiet enjoyment
Injunction
Materiality
Attorney-client privilege
6. A meeting of the attorneys and the judge prior to the beginning of the trial.
Certified
Pretrial conference
Statutes of limitations
Legal Reasoning
7. The party in a case against whom an appeal has been filed.
Appellee or respondent
Reasonable suspicion
Class action suit
Verification
8. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Assault
Answer
Dismissal with prejudice
Rule 56 motion (summary judgment motion)
9. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Defamation
Res ipsa loquitur
Exclusive jurisdiction
Distinguishable cases
10. Disregarding a substantial and unjustifiable risk that harm will result.
Subject matter jurisdiction
Doctrine of implied powers
Recklessness
Punitive damages
11. A court's power to hear any type of case arising within its geographical area.
Agent
General jurisdiction
Common law
Recidivist
12. The status of having received a certificate documenting that the person has successfully completed an educational program.
Restrictive covenant
Certificated
Inculpatory evidence
Treatment
13. Voluntarily and knowingly subjecting oneself to danger.
Irresistible impulse test
Code of Federal Regulations (C.F.R.)
Expert witness
Assumption of the risk
14. The party in a lawsuit against whom an appeal has been filed.
Res ipsa loquitur
Canons of construction
Appellee or respondent
Conflict of interest
15. In a complaint - one cause of action.
Restatement of the Law of Torts - Second
Ethical wall or screen or cone of silence
Limited jurisdiction
Count
16. A request made to the court.
Rules of evidence
Motion
Removal
Negligence
17. A set charge for a specific service - such as drafting a simple will.
Deponent
Restrictive covenant
Motion
Fixed Fee
18. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Rules of evidence
Compulsory joinder
Active Listening
Nominal damages
19. A constitutional protection against being tried twice for the same crime.
Major premise
Double jeopardy
Legislative history
Retainer
20. A special type of joint tenancy applicable only to married couples.
Tenancy by the entirety
Real or physical evidence
Statutory element
Product misuse
21. 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.
Model Rules of Professional Conduct
Attorney-client privilege
Loislaw
Negligence per se
22. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Tort law
Questions of law
Retainer agreement
Trial courts
23. 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.
Regulation
Battery
Self-defense
Adverse possession
24. A witness who possesses skill and knowledge beyond that of the average person.
Respondeat superior
Testimonial evidence
Expert witness
Mandatory authority
25. Law that deals with harm to an individual.
Deposition
Strict liability
Codification
Civil law
26. Federal and state rules that regulate how criminal proceedings are conducted.
Remand
Rules of criminal procedure
Dictum
Pretrial motion
27. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Contingency fee
Judgment
Relevancy
Plea bargaining
28. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Practice of law
Intellectual Property
Search engine
Dismissal with prejudice
29. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Double jeopardy
Proximate cause
Agent
Third-party claim
30. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
American Bar Association (ABA) www.abanet.org
Defendant
Separation of powers
31. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Invasion of Privacy
On point
Judicial activism
Restatement of the Law of Torts - Second
32. The process of finding the law.
Motion
Legal Research
Writ of certiorari
Negligence per se
33. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Annotated statutes
Interrogatories
Cross-examination
Shepardizing
34. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Overrule
Tort law
Contributory negligence
Discovery
35. The highest federal appellate court - consisting of nine appointed members.
Confidentiality
Insanity defense
Pinpoint cite
U.S. Supreme Court
36. Evidence that suggests the defendant's guilt.
Attorney-client privilege
Inculpatory evidence
Consideration
Citing case
37. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Tort law
Preemption
Actus rea
Leading question
38. A set of standardized jury instructions.
Pattern jury instructions
Plaintiff
Personal jurisdiction
Remedial statute
39. A person who permits or directs another person to act on the principal's behalf.
Comparative negligence
Verdict
Principle
Headnote
40. The publication of false statements that harm a person's reputation.
Defamation
Arraignment
Transition
Contributory negligence
41. A grand jury's written accusation that a given individual has committed a crime.
Negligence per se
Substantial capacity test
Indictment
Valid
42. A summary of a court opinion that appears at the beginning of the case.
Dissenting opinion
Tenancy by the entirety
Syllabus
Disbarment
43. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Questions of law
Nolo contendere
Eminent Domain
Transition
44. The requirement that relief be sought from an administrative agency before proceeding to court.
Minimum contacts
Exhaustion of administrative remedies
National Association of Legal Assistants (NALA) www.nala.org
Closed Questions
45. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Case reporters
Indictment
Internet
Hypertext links
46. A bank account used to hold money belonging to the client or to a third party.
Mistrial
Testimonial evidence
Self-defense
Client trust account
47. 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.
Contingency fee
Competency
Treatment
Issue of first impression
48. 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.
Shepardizing
Restrictive covenant
Clearly erroneous
Summary jury trials
49. 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.
Civil law
Probable cause
Appellate brief
Prima facie case
50. Generally accepted legal principles.
Legal technician
Black-letter law
Strict construction
Pinpoint cite
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