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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 motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Appellant or petitioner
Professional judgment
2. Any tangible object - like a bloody glove.
Competency
Booking
Real or physical evidence
Testimonial evidence
3. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Hearsay
Booking
Overrule
per curium
4. A bank account used to hold money belonging to the client or to a third party.
Pleadings
Pleading in the alternative
Client trust account
Testimonial evidence
5. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Restatement of the Law of Torts - Second
Duress
Unauthorized practice of law
Statutory element
6. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Codification
Issue of first impression
Entrapment
Holding
7. Evidence that suggests the defendant's guilt.
Quiet enjoyment
Inculpatory evidence
Statute of limitations
Syllabus
8. Including more than one count in a complaint; the counts do not need to be consistent.
Subpoena
Pleading in the alternative
Limited liability partnership (LLP)
Bench trial
9. Land and objects permanently attached to land.
Real property
Arbitration
Minimum contacts
Search engine
10. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Statute of limitations
Pattern jury instructions
Majority opinion
Limited liability partnership (LLP)
11. Establishes a direct link to the event that must be proven.
Direct evidence
Legal fiction
Statutes of limitations
Canons of construction
12. A term used to describe a case that is similar to another case.
Actus rea
Code of Federal Regulations (C.F.R.)
On point
American Bar Association (ABA) www.abanet.org
13. Rules of conduct promulgated and enforced by the government.
Stop and frisk
Fact
Contributory negligence
Laws
14. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Judgment notwithstanding the verdict (judgment N.O.V.)
Loislaw
Exhaustion of administrative remedies
On all fours
15. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Confidentiality
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Procedural facts
16. A set of standardized jury instructions.
Property law
Pattern jury instructions
Personal jurisdiction
Remand
17. Law dealing with ownership.
Bill of Rights
Product misuse
Remand
Property law
18. The questioning of an opposing witness.
Cross-examination
Strict construction
Tort law
Defamation
19. Being informed of some act done or about to be done.
Relevancy
Notice
Statutory element
Real or physical evidence
20. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Reasonable suspicion
Deposition
Punitive damages
Clear and convincing
21. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Plain meaning
Minimum contacts
Verification
Restrictive covenant
22. 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.
Plain meaning
Legal technician
Appellee or respondent
Limited liability partnership (LLP)
23. When more than one court has jurisdiction to hear a case.
Motion to suppress
Defendant
Concurrent jurisdiction
Easement
24. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Lay advocate
Double jeopardy
Persuasive authority
Certificated
25. The transfer of a case from one state court to a federal court.
Affirmative defense
Dictum
Removal
Pretrial conference
26. A trial court error that is not sufficient to warrant reversing the decision.
Default judgment
Negligence per se
Jurisdiction
Harmless error
27. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Assault
Plain meaning
Dismissal with prejudice
Disbarment
28. A defendant's plea meaning that the defendant neither admits nor denies the charges.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Void for vagueness
Plain view doctrine
Nolo contendere
29. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Legal Research
Mens rea
Preponderance of the evidence
False imprisonment
30. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Major premise
Retainer agreement
Primary authority
31. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Notice
Legal Reasoning
Transition
Motion in limine
32. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Subpoena duces tecum
Evidence
Writ of certiorari
Jurisdiction
33. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Implied warranty of habitability
Compulsory joinder
Ejusdem generis
Proving a case within a case
34. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
per curium
Enabling act
Attorney-client privilege
Affirm
35. Summary of one legal point in a court opinion; written by the editors at West.
Entrapment
Writ of execution
Headnote
Clear and convincing
36. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Evidence
Confidentiality
Mens rea
Service
37. 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.
Answer
Proximate cause
Preponderance of the evidence
Distinguishable cases
38. 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.
Bench trial
Hearsay
Loislaw
Criminal law
39. The division of governmental power among the legislative - executive - and judicial branches.
Implied warranty of habitability
Bill of Rights
Separation of powers
Subpoena duces tecum
40. In a case brief - the rule of law applied to the case's specific facts.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Issue
Affirmative defense
Reverse
41. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
Clearly erroneous
Concluding paragraph
Appellate brief
42. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Stare decisis
Code of Federal Regulations (C.F.R.)
Competency
43. Generally accepted legal principles.
Summary jury trials
Inculpatory evidence
Black-letter law
Issue
44. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Trial courts
Annotated statutes
Case citation
45. The failure to act reasonably under the circumstances.
Billable hours
Reverse
Booking
Negligence
46. A worldwide network of computer networks.
Westlaw
Internet
Affirm
Retainer agreement
47. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Retainer
Remedial statute
Arbitration
En banc
48. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Criminal law
Annotated statutes
Legal Reasoning
49. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Shepardizing
Count
Voir dire
50. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Self-defense
Potential conflict
Contingency fee
Distinguishable cases