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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. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Appellate brief
Subsequent case history
Default judgment
Adverse possession
2. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Property
Voir dire
False imprisonment
Stop and frisk
3. A statute that changes the common law.
Statute in derogation of the common law
Caption
per curium
Affirm
4. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Evidence
Exculpatory evidence
Bail
5. A national voluntary organization of lawyers.
Contingency fee
Retainer
Legal Research
American Bar Association (ABA) www.abanet.org
6. Evidence that supports previous testimony but that comes in a different form.
Full-text searches
Strict liability
Corroborative evidence
Civil law
7. In a case brief - facts that deal with what happened to the parties before the litigation began.
Valid
Paralegal
International Paralegal Management Association (IPMA) www.paralegal management.org
Substantive facts
8. The papers that begin a lawsuit-generally - the complaint and the answer.
Preemption
Equity
Pleadings
Conflict of interest
9. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Fruit of the poisonous tree doctrine
Void for vagueness
Minor premise
10. The party in a case against whom an appeal has been filed.
Negligence per se
Writ of certiorari
Remand
Appellee or respondent
11. A trial court error that is not sufficient to warrant reversing the decision.
Jurisdiction
Harmless error
National Association of Legal Assistants (NALA) www.nala.org
Plea bargaining
12. The tort theory that an employer can be sued for the negligent acts of its employees.
Exculpatory clause
Respondeat superior
Probable cause
Res ipsa loquitur
13. A method for excusing a prospective juror; no reason need be given.
Actus rea
Peremptory challenge
Judicial review
Negligence per se
14. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Disposition
Overrule
Recklessness
Original jurisdiction
15. An advance or down payment that is given to engage the services of an attorney.
Retainer
Preemption
Property
Deponent
16. 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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17. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
American Bar Association (ABA) www.abanet.org
Strict liability
Appellate courts
18. A person who initiates an appeal.
Complaint
Appellant or petitioner
Persuasive authority
International Paralegal Management Association (IPMA) www.paralegal management.org
19. 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
Mens rea
Dissenting opinion
Compulsory joinder
Rule 56 motion (summary judgment motion)
20. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Beyond a reasonable doubt
Remand
Model Rules of Professional Conduct
Discovery
21. A defendant's personal promise to appear in court.
Client trust account
Retainer
Entrapment
Personal recognizance bond
22. An agreement supported by consideration.
Contract
Codification
Beyond a reasonable doubt
Negligence per se
23. Questions relating to the interpretation or application of the law.
Questions of law
Bailment
Deductive reasoning
En banc
24. A court order requiring a person to appear to testify at a trial or deposition.
Quiet enjoyment
Subpoena
Charging the jury
Overrule
25. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Mistrial
Evidence
Disposition
26. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Leading questions
Lay advocate
Lay a foundation
Judicial notice
27. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Negligence per se
Client trust account
Affirm
Jurisdiction
28. An intentional act that creates a harmful or offensive physical contact.
Motion for a new trial
Caption
Federalism
Battery
29. 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.
Booking
Professional Corporation (PC)
Contingency Fee
Judgment notwithstanding the verdict (judgment N.O.V.)
30. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Headnote
Restatement of the Law of Torts - Second
Intellectual Property
Partnership
31. Consists of records - contracts - leases - wills - and other written instruments.
Limited jurisdiction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Documentary evidence
Substantive facts
32. 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.
Contributory negligence
Statute of limitations
Enabling act
Necessity
33. An opinion that agrees with the majority's result but disagrees with the reasoning.
Intentional tort
Arraignment
Concurring opinion
Actus rea
34. A defense requiring proof that the defendant was not mentally responsible.
Assault
Insanity defense
Concurrent conflict of interest
Assumption of the risk
35. 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.
Intentional tort
Materiality
Exclusionary rule
Duress
36. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Subpoena
Statutory element
Suspension
37. 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.
Statute in derogation of the common law
Separation of powers
Hourly rate
Active Listening
38. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Plaintiff
Mediation
Affirmative defense
39. Voluntarily and knowingly subjecting oneself to danger.
Mandatory authority
Materiality
Assumption of the risk
Syllabus
40. The power of a court to force a person to appear before it.
Stare decisis
Summary jury trials
Professional judgment
Personal jurisdiction
41. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Exclusionary rule
Personal property
On all fours
42. An opinion that disagrees with the majority's decision and its reasoning.
Court of record
Dissenting opinion
Minor premise
Criminal law
43. 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.
Remand
Remand
Third-party claim
Federalism
44. The rule that in order to claim self-defense there must have been no possibility of retreat.
Legal fiction
Retreat exception
12(b)(6) motion
Transition
45. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Clearly erroneous
Issue
Reverse
National Federation of Paralegal Associations (NFPA) www.paralegals.org
46. The failure of an attorney to act reasonably.
Legal malpractice
Eminent Domain
Preemption
Successive conflict of interest
47. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Specific performance
Void for vagueness
Restrictive covenant
48. In a case brief - the general legal principle in existence before the case began.
Rule
Insanity defense
Battered woman's or spouse's syndrome
Dissenting opinion
49. 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.
Tenancy by the entirety
Product misuse
Legislative history
U.S. Supreme Court
50. An approach whereby the courts give a statute a broad interpretation.
per curium
Liberal construction
Cause of action
Broad holding