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Test your basic knowledge |
Paralegal 101
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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. Questions that suggest the answer.
Pattern jury instructions
Personal recognizance bond
Leading questions
Standing
2. A set charge for a specific service - such as drafting a simple will.
Compensatory damages
Motion
Minimum contacts
Fixed Fee
3. A set of standardized jury instructions.
Comparative negligence
Comparative negligence
Pattern jury instructions
Professional Corporation (PC)
4. A defendant's personal promise to appear in court.
Personal recognizance bond
Hypertext links
Assault
Challenge for cause
5. The power of a court to hear a particular type of case.
Statutes at large or session laws
Separation of powers
Billable hours
Subject matter jurisdiction
6. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Diversity jurisdiction
Trial courts
Concluding paragraph
Successive conflict of interest
7. A case listed in Shepard's that cites your case.
Citing case
Tenancy in common
Confidentiality
Original jurisdiction
8. The transfer of a case from one state court to a federal court.
Administrative law
Removal
Notice
Harmless error
9. 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.
Shepardizing
Remand
Plea bargaining
Fruit of the poisonous tree doctrine
10. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Procedural facts
Charging the jury
Concurrent jurisdiction
11. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Leading question
U.S. Court of Appeals
Personal property
Popular name table
12. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Jurisdiction
Arraignment
Enabling act
Appellant or petitioner
13. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Majority opinion
Substantive law
U.S. district courts
14. Federal and state rules that regulate how criminal proceedings are conducted.
Relevancy
Broad holding
Rules of criminal procedure
Civil law
15. An issue that the court has never faced before.
Issue of first impression
American Association for Paralegal Education (AAfPE) www.aafpe.org
Model Rules of Professional Conduct
Nominal damages
16. In a complaint - one cause of action.
Count
Defendant
Joint tenancy
Notice
17. Someone who has the power to act in the place of another.
Lay witness
Agent
Transition
Clearly erroneous
18. A computerized database that contains the full text of documents - such as court opinions or depositions.
Liberal construction
Clear and convincing
Unofficial reporter
Full-text database
19. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Verdict
Dismissal with prejudice
Appellant or petitioner
20. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Issue of first impression
Rule 56 motion (summary judgment motion)
Rules of criminal procedure
Leading questions
21. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Successive conflict of interest
Overbreadth
Affirmative defense
Lexis
22. 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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23. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Irresistible impulse test
Stop and frisk
Consideration
Legal services offices
24. An opinion in which a majority of the court joins.
Documentary evidence
Interrogatories
Prior case history
Majority opinion
25. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Bail
Beyond a reasonable doubt
Motion
26. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Headnote
Appellate brief
Stare decisis
Judicial restraint
27. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Implied warranty of habitability
Motion for a new trial
Defendant
Competency
28. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Separation of powers
Bill of Rights
Appellate brief
Unofficial reporter
29. A national organization of paralegal programs that promotes high standards for paralegal education.
Interrogatories
Judicial notice
Model Rules of Professional Conduct
American Association for Paralegal Education (AAfPE) www.aafpe.org
30. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Count
Citing case
Active Listening
Overbreadth
31. When only one court has the power to hear a case.
Questions of fact
Exclusive jurisdiction
False imprisonment
International Paralegal Management Association (IPMA) www.paralegal management.org
32. The power of a court to force a person to appear before it.
Cross-examination
Personal jurisdiction
Motion in limine
Pretrial conference
33. A meeting of the attorneys and the judge prior to the beginning of the trial.
Pretrial conference
Discovery
Judicial notice
Personal recognizance bond
34. The court's power to review statutes to decide whether they conform to the Constitution.
Evidence
Judicial review
Lay witness
Agent
35. Any tangible object - like a bloody glove.
Constructive eviction
Restrictive covenant
Real or physical evidence
Testimonial evidence
36. Courts that determine whether lower courts have made errors of law.
Products liability
Appellate courts
Issue
Intellectual Property
37. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Case citation
Product misuse
Contributory negligence
Strict liability
38. Court decisions from a higher court in the same jurisdiction.
Codification
Mandatory authority
Civil law
Recklessness
39. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Consideration
Legal malpractice
Paralegal
Recklessness
40. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Concurrent conflict of interest
Writ of habeas corpus
Affirm
Mediation
41. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Retainer
Direct examination
Pretrial motion
42. A method for excusing a prospective juror; no reason need be given.
En banc
Treatment
Contributory negligence
Peremptory challenge
43. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
U.S. Supreme Court
12(b)(6) motion
Equity
Dismissal with prejudice
44. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Stop and frisk
Joint tenancy
Distinguishable cases
Strict liability
45. Not factually true - but accepted by the courts as being legally true.
Constructive
Affirm
Jurisdiction
Liberal construction
46. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Self-defense
Concluding paragraph
Citation
Caption
47. 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.
Pocket part
Issue
Certified
Legal Reasoning
48. A request that the court order that certain information not be mentioned in the presence of the jury.
Legal Reasoning
Mistrial
Motion in limine
Execute
49. Standard used by appellate courts when reviewing a trial court's findings of fact.
Arrest
Issue
Trial courts
Clearly erroneous
50. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Grand jury
Writ of certiorari
Restrictive covenant
Civil law
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