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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. 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.
Rule 56 motion (summary judgment motion)
Case reporters
Rules of evidence
Hourly rate
2. All property that is not real property.
Personal property
U.S. district courts
Beyond a reasonable doubt
Real property
3. When only one court has the power to hear a case.
Competency
Remand
Evidence
Exclusive jurisdiction
4. The court's power to review statutes to decide whether they conform to the Constitution.
Derogation of the common law
Judicial review
Actual cause
Battered woman's or spouse's syndrome
5. Indirect evidence - used to prove facts by implication.
Affirmative defense
Procedural facts
Pleading in the alternative
Circumstantial evidence
6. A suspicion based on specific facts; less than probable cause.
U.S. Supreme Court
Tickler System
Reasonable suspicion
Cross-examination
7. Information that can be presented in a court of law as proof of some fact.
Recidivist
Retainer agreement
Lay advocate
Evidence
8. The failure to act reasonably under the circumstances.
Strict construction
Negligence
Necessity
Compensatory damages
9. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Case citation
Void for vagueness
Alternative dispute resolution (ADR)
10. The power of a court to hear a particular type of case.
Legal Research
Subject matter jurisdiction
Cumulative evidence
Best evidence rule
11. Governmental publication of court opinions.
Official reporter
Grand jury
Proving a case within a case
Canons of construction
12. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Fruit of the poisonous tree doctrine
Majority opinion
Strict liability
Class action suit
13. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Confidentiality
Federalism
Battery
Contributory negligence
14. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Writ of certiorari
Interrogatories
Judicial review
Contingency fee
15. 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.
Fixed Fee
Interrogatories
Competency
Motion to require a finding of not guilty
16. A claim by the defendant against the plaintiff.
Peremptory challenge
Counterclaim
Reverse
Materiality
17. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Unauthorized practice of law
Preemption
Persuasive authority
Ethical wall or screen or cone of silence
18. Evidence that is derived from an illegal search or interrogation is inadmissible.
Lay a foundation
Real Property
Motion to suppress
Fruit of the poisonous tree doctrine
19. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Deponent
Pleading in the alternative
Contingency Fee
20. 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.
Deductive reasoning
Legal malpractice
Personal recognizance bond
Stop and frisk
21. Any tangible object - like a bloody glove.
Landmark decision
Rules of evidence
Real or physical evidence
Best evidence rule
22. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Equity
Code of Federal Regulations (C.F.R.)
Rule
Battered woman's or spouse's syndrome
23. Rules of conduct promulgated and enforced by the government.
Tenancy by the entirety
Restrictive covenant
Citing case
Laws
24. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Distinguishable cases
Code of Federal Regulations (C.F.R.)
U.S. Supreme Court
25. Not factually true - but accepted by the courts as being legally true.
Pattern jury instructions
Verification
Digest
Constructive
26. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Internet
Conflict of interest
Indictment
Practice of law
27. A worldwide network of computer networks.
Restatement of the Law of Torts - Second
Implied warranty of habitability
Internet
Analogous cases
28. All property that is not real property.
Tenancy in common
Personal property
Closed Questions
Pleading in the alternative
29. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Testimonial evidence
Lay a foundation
Subpoena
30. The judge informs the jurors of the law they need to know to make their decision.
Real Property
Charging the jury
Execute
Nominal damages
31. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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32. Information about the law - such as that contained in encyclopedias and law review articles.
Case reporters
Entrapment
Secondary authority
Federalism
33. Bad intent.
Mens rea
False imprisonment
Headnote
General jurisdiction
34. A grand jury's written accusation that a given individual has committed a crime.
Bench trial
Indictment
Jurisdiction
Statutes of limitations
35. A request that the court release the defendant because of the illegality of the incarceration.
Suspension
Court of record
Lay a foundation
Writ of habeas corpus
36. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Affirm
Statutes at large or session laws
Summons
37. A trial conducted without a jury.
Bench trial
Distinguishable cases
Limited liability partnership (LLP)
Tort law
38. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Miranda warnings
Subject matter jurisdiction
Broad holding
Challenge for cause
39. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Duress
Challenge for cause
Assault
Guardian
40. 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.
Arraignment
Strict construction
Principle
Real property
41. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
12(b)(6) motion
Legislative intent
Insanity defense
42. Liability without having to prove fault.
Relevancy
Verification
Strict liability
Active Listening
43. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Joint tenancy
Judgment proof
Double jeopardy
Affirmative defense
44. 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.
Rule
Service
Preponderance of the evidence
Broad holding
45. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Entrapment
Legal fiction
Plea bargaining
Issue
46. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Freelance Paralegal
Judgment notwithstanding the verdict (judgment N.O.V.)
Exculpatory clause
Entrapment
47. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Professional Corporation (PC)
Annotated statutes
Best evidence rule
Restrictive covenant
48. The first ten amendments to the U.S. Constitution.
En banc
Bill of Rights
Cause of action
Dissenting opinion
49. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Judgment notwithstanding the verdict (judgment N.O.V.)
Retreat exception
Doctrine of implied powers
Lexis
50. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Restrictive covenant
Federalism
General jurisdiction