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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 affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Statute in derogation of the common law
Rule
Mediation
Verification
2. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Hypertext links
Appellant or petitioner
Power of judicial review
3. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Negligence per se
Statute of limitations
Questions of fact
4. The judge informs the jurors of the law they need to know to make their decision.
Plaintiff
Verdict
Leading questions
Charging the jury
5. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Recklessness
Plaintiff
Lay witness
6. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Code
Valid
Evidence
Personal property
7. 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.
Minimum contacts
Authentication
Popular name table
Probable cause
8. 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.
Damages
Inculpatory evidence
Holding
Overrule
9. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Battered woman's or spouse's syndrome
Deductive reasoning
Civil law
10. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Digest
Model Rules of Professional Conduct
Necessity
Professional judgment
11. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Actus rea
Directed verdict
Majority opinion
Code
12. To perform.
Testimonial evidence
Execute
Majority opinion
Duress
13. An approach whereby the courts give a statute a broad interpretation.
Compensatory damages
Comparative negligence
Liberal construction
Reverse
14. Questions that suggest the answer.
Affirmative defense
Citing case
Leading questions
Comparative negligence
15. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
Certified
Legislative intent
Hypertext links
16. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Reasonable suspicion
Annotated statutes
Cross-claim
Negligence per se
17. Violation of a statute as proof of negligence
Negligence per se
Paralegal
Fruit of the poisonous tree doctrine
Constitutional law
18. A tort committed by one who intends to do the act that creates the harm.
Defamation
Product misuse
Intentional tort
Legal writing
19. Federal and state rules that govern the admissibility of evidence in court.
Exculpatory evidence
Appellee or respondent
Rules of evidence
Federalism
20. The general jurisdiction trial courts in the federal system.
Peremptory challenge
Tickler System
U.S. district courts
12(b)(6) motion
21. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Judicial review
Indictment
Directed verdict
22. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Specific performance
Canons of construction
Dissenting opinion
23. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Statute of limitations
Remedial statute
International Paralegal Management Association (IPMA) www.paralegal management.org
Verdict
24. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Original jurisdiction
Professional Corporation (PC)
Direct examination
Plain meaning
25. An intentional act that creates a harmful or offensive physical contact.
Overrule
Battery
Motion
Inculpatory evidence
26. A constitutional protection against being tried twice for the same crime.
Dismissal with prejudice
International Paralegal Management Association (IPMA) www.paralegal management.org
Judicial restraint
Double jeopardy
27. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Removal
Voir dire
Affirmative defense
28. An opinion that disagrees with the majority's decision and reasoning.
Major premise
Judicial restraint
Prima facie case
Dissenting opinion
29. A person who permits or directs another person to act on the principal's behalf.
Battery
Rule
Principle
Recidivist
30. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Certified
On all fours
Hypertext links
Motion to require a finding of not guilty
31. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Personal property
Power of judicial review
Overrule
Federal question jurisdiction
32. The intermediate appellate courts in the federal system.
Mandatory authority
Headnote
Remand
U.S. Court of Appeals
33. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Cross-examination
Original jurisdiction
Headnote
Westlaw
34. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
No-knock warrant
Personal recognizance bond
Retreat exception
35. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Potential conflict
Tenancy in common
Concurring opinion
36. A defendant's personal promise to appear in court.
Personal recognizance bond
Judicial activism
Statutory element
Pattern jury instructions
37. 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.
Real or physical evidence
On point
Retainer
Irresistible impulse test
38. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Mediation
Valid
Dissenting opinion
Exculpatory evidence
39. A request that the court release the defendant because of the illegality of the incarceration.
Search engine
Statute in derogation of the common law
Entrapment
Writ of habeas corpus
40. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Paralegal
Minor premise
Overrule
Constitutional law
41. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Self-defense
Answer
Nominal damages
42. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Count
Personal property
M'Naghten test
43. 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.
Hourly rate
Beyond a reasonable doubt
Legal Reasoning
Appellate or petitioner
44. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Strict liability
Contributory negligence
Enabling act
Guardian
45. Evidence that suggests the defendant's innocence.
Appellate brief
Exculpatory evidence
Constructive
Pleadings
46. The power of the federal courts to hear matters of federal law.
On point
Majority opinion
Federal question jurisdiction
Voir dire
47. A determination that an attorney may not practice law for a set period of time.
Lay witness
Pretrial conference
Affirmative defense
Suspension
48. A provision that purports to waive liability.
Exculpatory clause
Subject matter jurisdiction
Closed Questions
Principle
49. When an appellate court sends a case back to the trial court for a new trial or other action.
Plain meaning
Remand
Harmless error
Legislative history
50. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Clearly erroneous
Search engine
Recklessness
Exclusive jurisdiction
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