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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 actual incident or condition; not a legal consequence.
Professional judgment
Successive conflict of interest
Fact
Counterclaim
2. Evidence that does not add any new information but that confirms facts that already have been established.
Contingency fee
American Association for Paralegal Education (AAfPE) www.aafpe.org
Cumulative evidence
Suspension
3. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Constructive eviction
Verification
Unofficial reporter
Federalism
4. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Disposition
Original jurisdiction
Issue
5. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Model Rules of Professional Conduct
Full-text database
Statute of limitations
Actual cause
6. An opinion that agrees with the majority's result but disagrees with the reasoning.
Power of judicial review
Challenge for cause
Concurring opinion
Easement
7. Also known as real estate; land and items growing on or permanently attached to that land.
Implied warranty of habitability
Headnote
Subpoena duces tecum
Real Property
8. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Subsequent case history
Pinpoint cite
Pretrial conference
Adverse possession
9. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Peremptory challenge
Execute
Fact
10. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
National Association of Legal Assistants (NALA) www.nala.org
Code of Federal Regulations (C.F.R.)
Fact
Reverse
11. The process of legislative enactment of areas of the law previously governed solely by the common law.
Legal clinic
Codification of the common law
Legal Research
Loislaw
12. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Pleading in the alternative
Dissenting opinion
Treatment
Product misuse
13. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Implied warranty of habitability
Subpoena duces tecum
General jurisdiction
Products liability
14. A book that contains court opinion headnotes arranged by subject matter.
Digest
Contingency fee
Defamation
Deponent
15. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Directed verdict
Interrogatories
Deponent
Proving a case within a case
16. Courts that determine the facts and apply the law to the facts.
Common law
Trial courts
Concurring opinion
Subsequent case history
17. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Registration
Laws
Disposition
Potential conflict
18. Evidence that supports previous testimony but that comes in a different form.
Closed Questions
Judicial notice
Appellate courts
Corroborative evidence
19. Generally accepted legal principles.
Black-letter law
American Bar Association (ABA) www.abanet.org
Direct evidence
Miranda warnings
20. Land and objects permanently attached to land.
Joint tenancy
Hypertext links
Real property
Remedial statute
21. A judicial philosophy that supports an active role for the judiciary in changing the law.
En banc
Judicial activism
Statute
Recidivist
22. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Broad holding
Code
Pretrial conference
Concurrent jurisdiction
23. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Personal property
Leading question
Mistrial
Freelance Paralegal
24. Bad act.
Criminal law
Concurring opinion
Actus rea
Treatment
25. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
On all fours
Appellate courts
Liberal construction
Practice of law
26. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Directed verdict
Tenancy in common
Judicial review
Doctrine of implied powers
27. A repeat offender; one who continues to commit more crimes.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Appellate brief
Proximate cause
Recidivist
28. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Codification of the common law
Answer
Rules of evidence
Request for admissions
29. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Recklessness
Holding
On all fours
Black-letter law
30. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Preponderance of the evidence
Cause of action
Corroborative evidence
Hypertext links
31. The failure of an attorney to act reasonably.
Legal malpractice
Legal writing
Subpoena
Jurisdiction
32. The new legal principle established by a court opinion.
Holding
Motion to suppress
Prima facie case
Unauthorized practice of law
33. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Retainer agreement
Limited liability partnership (LLP)
Grand jury
Real or physical evidence
34. A law promulgated by an administrative agency.
Standing
Regulation
Cross-claim
Digest
35. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Injunction
Full-text searches
Unofficial reporter
Pleading in the alternative
36. A fee calculated as a percentage of the settlement or award in the case.
Regulation
Judicial activism
Punitive damages
Contingency Fee
37. Written questions sent by one side to the opposing side - answered under oath.
Judicial restraint
Battered woman's or spouse's syndrome
Interrogatories
Fixed Fee
38. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Contributory negligence
Challenge for cause
Reprimand or censure
Count
39. A canon of construction meaning 'of the same class.:
Ejusdem generis
Fixed Fee
Peremptory challenge
Limited liability partnership (LLP)
40. Establishes a direct link to the event that must be proven.
Direct evidence
Successive conflict of interest
Products liability
Battered woman's or spouse's syndrome
41. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Defamation
Caption
Certified
Stop and frisk
42. In a case brief - the rule of law applied to the case's specific facts.
On point
Retainer
Issue
Judgment notwithstanding the verdict (judgment N.O.V.)
43. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Judicial restraint
Bail
Fruit of the poisonous tree doctrine
Strict construction
44. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Administrative law
Attorney-client privilege
Charging the jury
Restatement of the Law of Torts - Second
45. 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.
Appellate or petitioner
Evidence
Road Map paragraph
Certified
46. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Compensatory damages
Verdict
Quiet enjoyment
Lay advocate
47. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Real or physical evidence
Comparative negligence
Jurisdiction
Pinpoint cite
48. When the defendant does not have sufficient money or other assets to pay the judgment.
Invasion of Privacy
Respondeat superior
Successive conflict of interest
Judgment proof
49. A constitutional protection against being tried twice for the same crime.
Joint tenancy
Specific performance
Double jeopardy
Statute in derogation of the common law
50. The tort theory that an employer can be sued for the negligent acts of its employees.
Execute
Bail
Request for admissions
Respondeat superior