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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.
Constructive
Substantial capacity test
Defamation
Booking
2. A defense requiring proof that the defendant was not mentally responsible.
Hearsay
Writ of habeas corpus
Insanity defense
Shepardizing
3. Indirect evidence - used to prove facts by implication.
Pinpoint cite
Contingency fee
Circumstantial evidence
Entrapment
4. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Pinpoint cite
Legal malpractice
Common law
Exculpatory clause
5. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Hearsay
Legal clinic
Search engine
Subsequent case history
6. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Original jurisdiction
Entrapment
Civil law
7. 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.
Reverse
Negligence
Irresistible impulse test
Dissenting opinion
8. A person who initiates an appeal.
Freelance Paralegal
Legislative intent
Appellant or petitioner
Appellate or petitioner
9. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
per curium
Mistrial
Fixed Fee
Full-text database
10. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Notice pleading
Assault
Concurrent conflict of interest
Third-party claim
11. A witness who has not been shown to have any special expertise.
Disbarment
Lay witness
Relevancy
Rule
12. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Judicial activism
Exhaustion of administrative remedies
National Federation of Paralegal Associations (NFPA) www.paralegals.org
13. The tort theory that an employer can be sued for the negligent acts of its employees.
Reverse
Respondeat superior
Negligence
Relevancy
14. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Pinpoint cite
Landmark decision
Narrow Holding
Lay witness
15. A compilation of federal administrative regulations arranged by agency.
Broad holding
Motion to require a finding of not guilty
Mandatory authority
Code of Federal Regulations (C.F.R.)
16. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Answer
Discovery
Best evidence rule
17. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Verdict
Motion to require a finding of not guilty
Legal clinic
18. Consists of records - contracts - leases - wills - and other written instruments.
Intentional tort
Plain meaning
Documentary evidence
Battered woman's or spouse's syndrome
19. When the defendant does not have sufficient money or other assets to pay the judgment.
Comparative negligence
Questions of law
Judgment proof
Criminal law
20. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Double jeopardy
Deposition
Subject matter jurisdiction
21. A request that the court release the defendant because of the illegality of the incarceration.
Circumstantial evidence
Class action suit
Respondeat superior
Writ of habeas corpus
22. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Secondary authority
Cause of action
Clear and convincing
Substantial capacity test
23. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Plain view doctrine
Direct examination
Plea bargaining
Assumption of the risk
24. Voluntarily and knowingly subjecting oneself to danger.
Request for admissions
Plea bargaining
Assumption of the risk
Subsequent case history
25. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Tenancy by the entirety
Model Rules of Professional Conduct
Pattern jury instructions
26. 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.
Double jeopardy
Legal technician
Battered woman's or spouse's syndrome
Client trust account
27. A separable part of a statute that must be satisfied for the statute to apply.
Substantive law
Pleading in the alternative
Tenancy by the entirety
Statutory element
28. 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.
Proximate cause
Deponent
Analogous cases
Criminal law
29. The division of governmental power among the legislative - executive - and judicial branches.
Evidence
Voir dire
Separation of powers
Motion in limine
30. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Legal services offices
Confidentiality
Third-party claim
31. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Case citation
Plain meaning
Annotated statutes
Negligence
32. Information about the law - such as that contained in encyclopedias and law review articles.
Real Property
Eminent Domain
U.S. Supreme Court
Secondary authority
33. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
34. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Count
Legal fiction
Appellant or petitioner
35. Monetary compensation - including compensatory - punitive - and nominal damages.
Deductive reasoning
Plain view doctrine
Analogous cases
Damages
36. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Valid
Issue
Narrow Holding
Concluding paragraph
37. Law that deals with harm to an individual.
Civil law
Alternative dispute resolution (ADR)
Bill of Rights
Corroborative evidence
38. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Arbitration
Concurrent jurisdiction
Code
Trial courts
39. Law that creates rights and duties.
Reverse
En banc
Substantive law
Dismissal with prejudice
40. An intentional act that creates a harmful or offensive physical contact.
Disbarment
Service
Battery
Primary authority
41. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Structured database
Primary authority
Limited liability partnership (LLP)
Jurisdiction
42. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Quiet enjoyment
Respondeat superior
Deductive reasoning
Affirmative defense
43. The purpose of the legislature at the time it enacted the statute.
Persuasive authority
Legislative intent
Tickler System
Relevancy
44. Questions that suggest the answer.
Leading questions
Ethical wall or screen or cone of silence
Contributory negligence
Unofficial reporter
45. The party in a case against whom an appeal has been filed.
Successive conflict of interest
American Association for Paralegal Education (AAfPE) www.aafpe.org
Appellee or respondent
Legal writing
46. 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.
Jurisdiction
Pleadings
per curium
Lay a foundation
47. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Constructive eviction
Class action suit
Reversible error
48. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Dismissal with prejudice
Potential conflict
Procedural facts
Product misuse
49. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Negligence
Legal writing
Contingency fee
Recidivist
50. A bank account used to hold money belonging to the client or to a third party.
Narrow Holding
Necessity
Client trust account
Appellate or petitioner