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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. Voluntarily and knowingly subjecting oneself to danger.
Exclusionary rule
Harmless error
Assumption of the risk
Retainer
2. The power of the federal courts to hear matters of federal law.
Invasion of Privacy
Federal question jurisdiction
American Bar Association (ABA) www.abanet.org
Judicial activism
3. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Count
U.S. district courts
Double jeopardy
4. The revocation of an attorney's license.
Plain meaning
Defendant
Disbarment
Arrest
5. The party in a case against whom an appeal has been filed.
Judicial restraint
Appellee or respondent
Confidentiality
Circumstantial evidence
6. Monetary compensation - including compensatory - punitive - and nominal damages.
Strict liability
Reverse
Damages
U.S. district courts
7. Law that regulates how the legal system operates.
Federalism
Procedural law
Battery
Issue of first impression
8. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Inculpatory evidence
Hypertext links
Attorney-client privilege
Legal Reasoning
9. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Lay witness
Nominal damages
Laws
10. Indirect evidence - used to prove facts by implication.
Code of Federal Regulations (C.F.R.)
Contributory negligence
Stop and frisk
Circumstantial evidence
11. 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.
Entrapment
Constitutional law
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Invasion of Privacy
12. A statement in a judicial opinion not necessary for the decision of the case.
Testimonial evidence
Leading question
Harmless error
Dictum
13. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Legal Research
Joint tenancy
Deposition
14. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Probable cause
Quiet enjoyment
Remand
Internet
15. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Default judgment
Cause of action
Citing case
16. An intentional act that creates a harmful or offensive physical contact.
Challenge for cause
Loislaw
Pleadings
Battery
17. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Confidentiality
Restrictive covenant
Reversible error
Joint tenancy
18. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Direct examination
Minor premise
Constructive
19. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Limited liability partnership (LLP)
Lay advocate
Exclusionary rule
Hourly rate
20. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
National Association of Legal Assistants (NALA) www.nala.org
Paralegal
Statute
21. A court order requiring a person to appear to testify at a trial or deposition.
Professional Corporation (PC)
Unofficial reporter
Trial courts
Subpoena
22. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Subject matter jurisdiction
Legislative history
Active Listening
Principle
23. A claim by the defendant against the plaintiff.
Appellate brief
Counterclaim
Digest
Circumstantial evidence
24. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Subpoena duces tecum
Third-party claim
Potential conflict
Corroborative evidence
25. Liability without a showing of fault.
Mediation
Strict liability
Leading question
Default judgment
26. A defendant's personal promise to appear in court.
Lay witness
Personal recognizance bond
Exclusionary rule
Laws
27. An issue that the court has never faced before.
Issue of first impression
Complaint
Quiet enjoyment
U.S. district courts
28. Establishes a direct link to the event that must be proven.
Direct evidence
Appellant or petitioner
Internet
Appellate courts
29. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Probable cause
Affirm
Constructive eviction
Contributory negligence
30. All property that is not real property.
Fruit of the poisonous tree doctrine
Suspension
Principle
Personal property
31. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Prior case history
Search engine
Professional judgment
Consideration
32. 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.
Concurrent jurisdiction
Regulation
Persuasive authority
Appellate courts
33. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Statutes of limitations
Code of Federal Regulations (C.F.R.)
Affirmative defense
34. A bank account used to hold money belonging to the client or to a third party.
Affirm
Prior case history
Laws
Client trust account
35. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Primary authority
Answer
Treatment
Statute
36. A form in which statutes are published; they are printed individually at the time they are first enacted.
Intellectual Property
Slip laws
Court of record
Lay witness
37. The reference to a particular page within an opinion.
Harmless error
Personal property
Entrapment
Pinpoint cite
38. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Prima facie case
Federalism
Judicial notice
Separation of powers
39. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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40. Also known as real estate; land and items growing on or permanently attached to that land.
Distinguishable cases
Real Property
Retainer agreement
Assumption of the risk
41. A request that the court order that certain information not be mentioned in the presence of the jury.
Statutes at large or session laws
Proximate cause
Confidentiality
Motion in limine
42. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Pretrial motion
Administrative law
Concurrent jurisdiction
Materiality
43. The publication of false statements that harm a person's reputation.
Internet
Defamation
Proving a case within a case
Rules of criminal procedure
44. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Writ of habeas corpus
Lexis
Duress
45. The educated ability to apply law to specific facts.
Double jeopardy
Professional judgment
Verdict
Canons of construction
46. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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47. Bad intent.
Insanity defense
Mens rea
Professional Corporation (PC)
Overbreadth
48. A national association of paralegal managers.
Default judgment
Secondary authority
Double jeopardy
International Paralegal Management Association (IPMA) www.paralegal management.org
49. A request that the court prohibit the use of certain evidence at the trial.
Void for vagueness
Double jeopardy
Motion to suppress
Intellectual Property
50. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Open Questions
Booking
Necessity
Disposition