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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. 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.
Regulation
Summons
Fact
Contributory negligence
2. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Miranda warnings
Confidentiality
Disbarment
Quiet enjoyment
3. Occurs when the police restrain a person's freedom and charge the person with a crime.
Arrest
Answer
Bailment
Inculpatory evidence
4. A request that the court order that certain information not be mentioned in the presence of the jury.
Dismissal with prejudice
Diversity jurisdiction
Appellate brief
Motion in limine
5. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Plaintiff
Major premise
Writ of habeas corpus
Legal Reasoning
6. Representing someone who is in a position adverse to a prior client.
Transition
Overbreadth
Materiality
Successive conflict of interest
7. In a case brief - facts that deal with what happened to the parties before the litigation began.
Arrest
Criminal law
Insanity defense
Substantive facts
8. The transfer of a case from one state court to a federal court.
Removal
Active Listening
Exculpatory evidence
Summons
9. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Insanity defense
Concluding paragraph
Structured database
Real property
10. An opinion that disagrees with the majority's decision and reasoning.
Comparative negligence
Holding
Dissenting opinion
Statutes of limitations
11. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Battery
Prior case history
Closed Questions
Corroborative evidence
12. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Restatement of the Law of Torts - Second
Code of Federal Regulations (C.F.R.)
Recidivist
13. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
Canons of construction
Proximate cause
Plaintiff
14. Not factually true - but accepted by the courts as being legally true.
Constructive
Holding
International Paralegal Management Association (IPMA) www.paralegal management.org
Judgment
15. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
General jurisdiction
Structured database
Court of record
Overrule
16. 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.
Motion to require a finding of not guilty
Billable hours
Hourly rate
Landmark decision
17. The papers that begin a lawsuit-generally - the complaint and the answer.
per curium
Adverse possession
Pleadings
Authentication
18. A statute that changes the common law.
Competency
Statute in derogation of the common law
U.S. Court of Appeals
Limited liability partnership (LLP)
19. The party in a case who has initiated an appeal.
Fact
Questions of law
Appellate or petitioner
Criminal law
20. The opinion of a jury on a question of fact.
Personal property
Concluding paragraph
Verdict
Tenancy by the entirety
21. A business run by two or more persons as co-owners.
Recidivist
Proximate cause
Partnership
Confidentiality
22. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Legal services offices
Annotated statutes
Treatment
American Association for Paralegal Education (AAfPE) www.aafpe.org
23. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Retreat exception
Annotated statutes
Unauthorized practice of law
Mens rea
24. The pretrial oral questioning of a witness under oath.
Deposition
Pretrial motion
Constitutional law
Appellate or petitioner
25. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Dismissal with prejudice
Valid
Duress
26. The failure of an attorney to act reasonably.
Booking
Legal malpractice
Ethical wall or screen or cone of silence
Judgment
27. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Statute
Remand
Judgment notwithstanding the verdict (judgment N.O.V.)
Hypertext links
28. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Writ of habeas corpus
On all fours
Professional judgment
Broad holding
29. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Paralegal
Legal services offices
Judgment proof
Battery
30. To perform.
Distinguishable cases
Case citation
Statute of limitations
Execute
31. The process of organizing statutes by subject matter.
Full-text searches
Defendant
Cumulative evidence
Codification
32. The rule requiring that the original document be produced at trial.
Specific performance
Holding
Interrogatories
Best evidence rule
33. A summary of a court opinion that appears at the beginning of the case.
Issue of first impression
Complaint
Personal recognizance bond
Syllabus
34. A public or private statement that an attorney's conduct violated the code of ethics.
Diversity jurisdiction
Exculpatory clause
American Bar Association (ABA) www.abanet.org
Reprimand or censure
35. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Syllabus
Legal fiction
Holding
Practice of law
36. A national voluntary organization of lawyers.
Tenancy by the entirety
American Bar Association (ABA) www.abanet.org
Preemption
Lay witness
37. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Subpoena
Quiet enjoyment
Mistrial
Arraignment
38. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Plea bargaining
Agent
Professional Corporation (PC)
39. The justified use of force to protect oneself or others.
Actual cause
Quiet enjoyment
Subject matter jurisdiction
Self-defense
40. A method for excusing a prospective juror; no reason need be given.
Issue
Count
Federalism
Peremptory challenge
41. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Compulsory joinder
Transition
Regulation
Active Listening
42. An issue that the court has never faced before.
Issue of first impression
Plain meaning
Recklessness
Popular name table
43. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Legal fiction
Clearly erroneous
Strict liability
44. An opinion that agrees with the majority's result but disagrees with the reasoning.
Self-defense
Specific performance
Preponderance of the evidence
Concurring opinion
45. The highest federal appellate court - consisting of nine appointed members.
Complaint
U.S. Supreme Court
Exclusive jurisdiction
12(b)(6) motion
46. A witness who has not been shown to have any special expertise.
Peremptory challenge
Black-letter law
Lay witness
Concurrent jurisdiction
47. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Materiality
Loislaw
Personal jurisdiction
Insanity defense
48. A reason for invalidating a statute where it covers both protected and criminal activity.
Writ of execution
Overbreadth
Leading questions
Duress
49. The general jurisdiction trial courts in the federal system.
Double jeopardy
U.S. district courts
per curium
M'Naghten test
50. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Issue of first impression
Plea bargaining
Hypertext links