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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. 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.
Persuasive authority
Deponent
Certificated
Competency
2. Law that deals with harm to society as a whole.
Request for admissions
Criminal law
Limited jurisdiction
Negligence
3. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Rules of criminal procedure
Contract
Appellate courts
On all fours
4. Broad questions that put few limits on the freedom of the respondent.
Headnote
Open Questions
Charging the jury
Affirm
5. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Best evidence rule
Punitive damages
Westlaw
Arraignment
6. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Legal clinic
Dissenting opinion
Statute of limitations
7. A provision that purports to waive liability.
Exculpatory clause
Warrant
Statute in derogation of the common law
Legal fiction
8. A determination that an attorney may not practice law for a set period of time.
Suspension
Unofficial reporter
Concurring opinion
Alternative dispute resolution (ADR)
9. A national organization of paralegal programs that promotes high standards for paralegal education.
Model Rules of Professional Conduct
Syllabus
American Association for Paralegal Education (AAfPE) www.aafpe.org
Jurisdiction
10. The failure to act reasonably under the circumstances.
Original jurisdiction
Negligence
Retainer
Respondeat superior
11. In a case brief - the rule of law applied to the case's specific facts.
Agent
Compensatory damages
Issue
Legal fiction
12. 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.
Cumulative evidence
Injunction
Evidence
Stop and frisk
13. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Statute of limitations
Diversity jurisdiction
Plain meaning
Dismissal with prejudice
14. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Subpoena
On all fours
Challenge for cause
15. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Summary jury trials
Issue
Potential conflict
16. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Negligence per se
Holding
Arraignment
17. 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.
Overrule
Necessity
Leading questions
Reasonable suspicion
18. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Lay advocate
Removal
Strict liability
19. A court's prior permission for the police to search and seize.
Affirmative defense
Warrant
Assumption
Compulsory joinder
20. An issue that the court has never faced before.
Invasion of Privacy
Issue of first impression
On all fours
Subsequent case history
21. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Res ipsa loquitur
Legal Reasoning
Substantive law
Warrant
22. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Exigent circumstances
Stare decisis
Derogation of the common law
Actual cause
23. Simultaneously representing adverse clients.
Contingency Fee
Real property
Subsequent case history
Concurrent conflict of interest
24. Being informed of some act done or about to be done.
Closed Questions
Assault
Legal Reasoning
Notice
25. The process of finding the law.
Double jeopardy
Legal Research
Necessity
Reversible error
26. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Reasonable suspicion
Count
Holding
27. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Canons of construction
Rules of criminal procedure
Reverse
Judicial restraint
28. The revocation of an attorney's license.
Syllabus
No-knock warrant
Disbarment
Warrant
29. 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.
Warrant
Issue
Dictum
per curium
30. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Personal property
Affirm
Testimonial evidence
Overbreadth
31. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
Statutes at large or session laws
Ejusdem generis
Mens rea
32. A defendant's personal promise to appear in court.
Diversity jurisdiction
Personal recognizance bond
Conflict of interest
Guardian
33. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Entrapment
Paralegal
Property
34. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Exclusionary rule
Lay witness
Doctrine of implied powers
Request for admissions
35. The division of governmental power among the legislative - executive - and judicial branches.
Subsequent case history
Separation of powers
Federal question jurisdiction
Notice pleading
36. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Circumstantial evidence
Legal writing
Overrule
Legal services offices
37. Violation of a statute as proof of negligence
Negligence per se
Actual cause
On all fours
Adverse possession
38. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Insanity defense
Leading question
Compensatory damages
39. When only one court has the power to hear a case.
Annotated statutes
Appellate or petitioner
Federalism
Exclusive jurisdiction
40. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Full-text searches
Laws
Deductive reasoning
Model Rules of Professional Conduct
41. The status of having received a certificate documenting that the person has successfully completed an educational program.
Syllabus
Certificated
Quiet enjoyment
Request for admissions
42. The papers that begin a lawsuit-generally - the complaint and the answer.
Motion for a new trial
Pleadings
Legal malpractice
Damages
43. Establishes a direct link to the event that must be proven.
Criminal law
Rule
Direct evidence
Ejusdem generis
44. The rule that in order to claim self-defense there must have been no possibility of retreat.
Motion to require a finding of not guilty
Retreat exception
Contingency Fee
Specific performance
45. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Summons
Relevancy
Westlaw
Proving a case within a case
46. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Issue of first impression
Verdict
Guardian
47. 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.
Direct examination
Warrant
Disposition
Shepardizing
48. An opinion that disagrees with the majority's decision and reasoning.
Unofficial reporter
Dissenting opinion
Pretrial motion
Broad holding
49. The pleading that begins a lawsuit.
American Bar Association (ABA) www.abanet.org
Complaint
Subpoena
Caption
50. 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.
Contributory negligence
Restatement of the Law of Torts - Second
Contingency Fee
Constitutional law
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