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Test your basic knowledge |
Paralegal 101
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Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
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.
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 rule requiring that the original document be produced at trial.
Best evidence rule
Confidentiality
Substantial capacity test
Class action suit
2. The requirement that relief be sought from an administrative agency before proceeding to court.
Dissenting opinion
Exhaustion of administrative remedies
Arbitration
Major premise
3. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Judicial review
Testimonial evidence
Lay witness
Freelance Paralegal
4. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Assumption of the risk
Legal malpractice
Appellate brief
5. A set charge for a specific service - such as drafting a simple will.
Open Questions
Complaint
Fixed Fee
Bailment
6. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Dissenting opinion
Citing case
Certificated
Federalism
7. A witness who has not been shown to have any special expertise.
Tenancy by the entirety
Evidence
Lay witness
Partnership
8. Information that can be presented in a court of law as proof of some fact.
Persuasive authority
Evidence
Affirmative defense
Dictum
9. The chronological publication of statutes at the end of a legislative session.
Hearsay
Res ipsa loquitur
Minimum contacts
Statutes at large or session laws
10. All property that is not real property.
Pleadings
Personal property
Reverse
Arrest
11. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Distinguishable cases
Landmark decision
Count
12. Written questions sent by one side to the opposing side - answered under oath.
Hourly rate
Limited jurisdiction
Affirm
Interrogatories
13. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Retainer
Power of judicial review
Doctrine of implied powers
Reverse
14. A computerized database that contains the full text of documents - such as court opinions or depositions.
Attorney-client privilege
Compulsory joinder
Full-text database
Tort law
15. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Court of record
Legal technician
Criminal law
Constructive eviction
16. In a case brief - the rule of law applied to the case's specific facts.
Reasonable suspicion
Implied warranty of habitability
Issue
Battered woman's or spouse's syndrome
17. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Civil law
Judicial restraint
Federalism
18. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Questions of law
Motion in limine
Dissenting opinion
Equity
19. To perform.
Execute
Bill of Rights
Judicial review
Court of record
20. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Issue of first impression
Legal fiction
Primary authority
21. Liability without a showing of fault.
Strict liability
Exculpatory evidence
Property law
Paralegal
22. A summary of a court opinion that appears at the beginning of the case.
Retainer agreement
Verdict
Codification of the common law
Syllabus
23. The result reached in a particular case.
Compensatory damages
Certified
Disposition
Reversible error
24. When the defendant does not have sufficient money or other assets to pay the judgment.
Subpoena duces tecum
Concurring opinion
Request for admissions
Judgment proof
25. The law itself - such as statutes and court opinions.
Proximate cause
Primary authority
Plaintiff
Minimum contacts
26. An intentional act that creates a harmful or offensive physical contact.
Battery
Execute
Best evidence rule
Judicial activism
27. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Potential conflict
Treatment
Mandatory authority
Injunction
28. Cases that involve similar facts and rules of law.
Directed verdict
Subsequent case history
Entrapment
Analogous cases
29. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Cross-claim
Entrapment
Issue
30. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Self-defense
Concurrent jurisdiction
Overrule
Questions of law
31. Being informed of some act done or about to be done.
Fixed Fee
Ejusdem generis
Notice
Dissenting opinion
32. A court opinion that establishes new law in an important area.
Bail
Landmark decision
Double jeopardy
Substantial capacity test
33. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Harmless error
Codification of the common law
Subpoena duces tecum
American Association for Paralegal Education (AAfPE) www.aafpe.org
34. A grand jury's written accusation that a given individual has committed a crime.
National Association of Legal Assistants (NALA) www.nala.org
Arbitration
Indictment
Motion for a new trial
35. Occurs when the police restrain a person's freedom and charge the person with a crime.
Property
Specific performance
Arrest
Rule 56 motion (summary judgment motion)
36. The party in a case against whom an appeal has been filed.
Conflict of interest
Limited liability partnership (LLP)
Appellee or respondent
Statute of limitations
37. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Official reporter
Reverse
Leading question
Criminal law
38. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Discovery
Direct examination
Professional Corporation (PC)
39. Law that creates rights and duties.
Official reporter
Substantive law
Consideration
Irresistible impulse test
40. 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.
Criminal law
Certified
Personal recognizance bond
Statutes at large or session laws
41. A form in which statutes are published; they are printed individually at the time they are first enacted.
Strict construction
Plain meaning
Persuasive authority
Slip laws
42. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Fruit of the poisonous tree doctrine
Holding
Shepardizing
Beyond a reasonable doubt
43. The person who is being asked questions at a deposition.
Lexis
Deponent
Model Rules of Professional Conduct
Compulsory joinder
44. A statute that changes the common law.
Prior case history
Statute in derogation of the common law
Issue
Limited jurisdiction
45. A meeting of the attorneys and the judge prior to the beginning of the trial.
Adverse possession
Judicial restraint
Pretrial conference
Plain meaning
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.
Enabling act
Notice pleading
Reverse
Syllabus
47. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Full-text database
Rules of evidence
Motion to require a finding of not guilty
48. The first ten amendments to the U.S. Constitution.
Interrogatories
Bill of Rights
Search engine
Bail
49. 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.
Arraignment
Concurrent jurisdiction
Search engine
Cause of action
50. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Harmless error
Paralegal
Original jurisdiction
Materiality
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