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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. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Retreat exception
Beyond a reasonable doubt
Harmless error
Constructive eviction
2. A law enacted by a state legislature or by Congress.
Corroborative evidence
U.S. Court of Appeals
Statute
Discovery
3. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Statute in derogation of the common law
Exclusionary rule
Judicial notice
Complaint
4. A summary of one legal point in a court opinion; written by the editors at West.
Bench trial
Headnote
Battered woman's or spouse's syndrome
Billable hours
5. A case listed in Shepard's that cites your case.
Citing case
Black-letter law
Writ of certiorari
Successive conflict of interest
6. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
Criminal law
Freelance Paralegal
Personal property
7. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Certified
Personal property
Evidence
8. When an appellate court overturns or negates the decision of a lower court.
Reverse
Separation of powers
Motion for a new trial
Principle
9. In a complaint - one cause of action.
Booking
Count
Statutes at large or session laws
Irresistible impulse test
10. Courts that determine whether lower courts have made errors of law.
Assumption of the risk
Motion
On point
Appellate courts
11. The power of a court to hear a case.
Jurisdiction
Appellate or petitioner
Reverse
Liberal construction
12. The power of a court to hear a case.
Certified
Jurisdiction
Legislative history
Reverse
13. Someone who has the power to act in the place of another.
Exclusionary rule
Evidence
Agent
Negligence
14. Rules and regulations created by administrative agencies.
Reverse
Case reporters
Administrative law
Competency
15. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Exclusionary rule
Statute of limitations
Challenge for cause
16. A national voluntary organization of lawyers.
Motion
Road Map paragraph
American Bar Association (ABA) www.abanet.org
Remedial statute
17. A national association of paralegal associations.
Issue of first impression
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Relevancy
Judgment
18. When an appellate court that normally sits in panels sits as a whole.
Structured database
En banc
Issue
Cross-examination
19. 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.
Overbreadth
Rule 56 motion (summary judgment motion)
Case citation
Federalism
20. A term used to describe a case that is similar to another case.
On point
Enabling act
Rules of evidence
Concurring opinion
21. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Judicial restraint
Fruit of the poisonous tree doctrine
Legislative history
Cause of action
22. When an appellate court sends a case back to the trial court for a new trial or other action.
Model Rules of Professional Conduct
Valid
Remand
Affirm
23. Not factually true - but accepted by the courts as being legally true.
Constructive
Principle
Substantive law
Real or physical evidence
24. 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
Damages
Documentary evidence
Successive conflict of interest
Stare decisis
25. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Professional judgment
Confidentiality
Writ of habeas corpus
Recidivist
26. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Procedural facts
Pattern jury instructions
Assault
Respondeat superior
27. Broad questions that put few limits on the freedom of the respondent.
per curium
Hourly rate
Laws
Open Questions
28. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Agent
Property
Rules of criminal procedure
29. A tangible object or a right or ownership interest.
Property
Proving a case within a case
Concurrent conflict of interest
Concurring opinion
30. 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.
Lay a foundation
Cumulative evidence
Shepardizing
Personal recognizance bond
31. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Certified
Deponent
Clearly erroneous
32. A special type of joint tenancy applicable only to married couples.
Discovery
Regulation
Clearly erroneous
Tenancy by the entirety
33. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Guardian
Statutory element
Citation
Standing
34. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Regulation
Irresistible impulse test
Full-text searches
35. The power of a court to force a person to appear before it.
Direct evidence
Hearsay
Personal jurisdiction
Conflict of interest
36. The papers that begin a lawsuit-generally - the complaint and the answer.
Circumstantial evidence
Property law
Code
Pleadings
37. A court order requiring a person to appear to testify at a trial or deposition.
Affirm
Statute of limitations
Subsequent case history
Subpoena
38. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Legal Reasoning
Hourly rate
Preponderance of the evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
39. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Black-letter law
Defendant
Exclusionary rule
Procedural facts
40. The rule requiring that the original document be produced at trial.
Best evidence rule
Distinguishable cases
Preemption
Class action suit
41. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Standing
Rule 56 motion (summary judgment motion)
Reversible error
Suspension
42. A pamphlet inserted into the back of a book containing information new since the volume was published.
Criminal law
Citation
Pocket part
U.S. Supreme Court
43. The judge informs the jurors of the law they need to know to make their decision.
Plain meaning
Charging the jury
Motion
Legislative history
44. A book that contains court opinion headnotes arranged by subject matter.
Federalism
Res ipsa loquitur
Ethical wall or screen or cone of silence
Digest
45. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Restrictive covenant
Rules of evidence
Necessity
Treatment
46. The person who is being asked questions at a deposition.
Pleading in the alternative
Structured database
Contingency Fee
Deponent
47. 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.
Plain meaning
Probable cause
Procedural law
Enabling act
48. Evidence that supports previous testimony but that comes in a different form.
Laws
Real or physical evidence
Corroborative evidence
General jurisdiction
49. A document that lists statements regarding specific items for the other party to admit or deny.
Hypertext links
Bail
Exhaustion of administrative remedies
Request for admissions
50. A defense whereby the defendant offers new evidence to avoid judgment.
Actual cause
Limited jurisdiction
Affirmative defense
Strict liability