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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 court's power to hear any type of case arising within its geographical area.
Dissenting opinion
General jurisdiction
Standing
Rules of criminal procedure
2. When only one court has the power to hear a case.
Full-text searches
Strict construction
Actual cause
Exclusive jurisdiction
3. 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.
Probable cause
Directed verdict
Arraignment
Headnote
4. Information about the law - such as that contained in encyclopedias and law review articles.
Agent
Shepardizing
Specific performance
Secondary authority
5. When an appellate court that normally sits in panels sits as a whole.
Code of Federal Regulations (C.F.R.)
Lay a foundation
Exclusive jurisdiction
En banc
6. A method for excusing a prospective juror; no reason need be given.
Proximate cause
Peremptory challenge
Judgment notwithstanding the verdict (judgment N.O.V.)
Dismissal with prejudice
7. An approach whereby the courts give a statute a narrow interpretation.
Fruit of the poisonous tree doctrine
Inculpatory evidence
Issue of first impression
Strict construction
8. Law that regulates how the legal system operates.
Easement
Reprimand or censure
Subject matter jurisdiction
Procedural law
9. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Implied warranty of habitability
Warrant
False imprisonment
10. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Clear and convincing
Comparative negligence
Federalism
Conflict of interest
11. Broad questions that put few limits on the freedom of the respondent.
Syllabus
Open Questions
Mistrial
Majority opinion
12. Evidence that supports previous testimony but that comes in a different form.
Arraignment
Pocket part
Corroborative evidence
Guardian
13. 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.
Issue
Product misuse
Eminent Domain
Void for vagueness
14. In a case brief - the rule of law applied to the case's specific facts.
Issue
Rules of evidence
Bench trial
Reverse
15. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Major premise
Relevancy
Recidivist
16. Occurs when the police restrain a person's freedom and charge the person with a crime.
Concurrent conflict of interest
Appellee or respondent
Partnership
Arrest
17. The transfer of a case from one state court to a federal court.
Headnote
Third-party claim
Damages
Removal
18. The rules whereby all members of a law firm are treated as though they had represented the former client.
Exclusionary rule
Vicarious representation
Preemption
Proving a case within a case
19. The first ten amendments to the U.S. Constitution.
Bill of Rights
Hourly rate
Testimonial evidence
Remand
20. The publication of false statements that harm a person's reputation.
Remand
Strict construction
Defamation
Authentication
21. 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
Dictum
Equity
Statute
Miranda warnings
22. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Harmless error
Interrogatories
Notice pleading
23. Information that can be presented in a court of law as proof of some fact.
Materiality
Transition
Evidence
Black-letter law
24. A national association of paralegal managers.
Materiality
International Paralegal Management Association (IPMA) www.paralegal management.org
Prima facie case
Headnote
25. An intentional act that creates a harmful or offensive physical contact.
On all fours
Battery
Plea bargaining
Primary authority
26. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Concurrent conflict of interest
Transition
Overrule
Summons
27. 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.
Tenancy in common
Challenge for cause
Plain meaning
American Association for Paralegal Education (AAfPE) www.aafpe.org
28. 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
Assault
Reverse
Landmark decision
29. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Liberal construction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Registration
Answer
30. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Actus rea
Shepardizing
Search engine
Judgment proof
31. A witness who has not been shown to have any special expertise.
Lay witness
U.S. Court of Appeals
Overrule
Mediation
32. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Rule 56 motion (summary judgment motion)
Statutes at large or session laws
Popular name table
33. 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.
Clearly erroneous
Dissenting opinion
Hourly rate
Rule 56 motion (summary judgment motion)
34. 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.
Federalism
Rule 56 motion (summary judgment motion)
Disposition
Leading question
35. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Statutory element
En banc
Evidence
Tickler System
36. 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.
Persuasive authority
Writ of habeas corpus
Appellate brief
Registration
37. A person who initiates a lawsuit.
Plaintiff
General jurisdiction
Dictum
Pinpoint cite
38. A national organization of paralegal programs that promotes high standards for paralegal education.
Inculpatory evidence
Pleading in the alternative
American Association for Paralegal Education (AAfPE) www.aafpe.org
Real Property
39. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legal technician
Dissenting opinion
Plea bargaining
Writ of habeas corpus
40. Liability without a showing of fault.
Lay a foundation
Contract
Strict liability
Legal Research
41. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Rules of criminal procedure
Transition
Standing
Successive conflict of interest
42. A summary of a court opinion that appears at the beginning of the case.
Professional Corporation (PC)
Assumption of the risk
Eminent Domain
Syllabus
43. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Diversity jurisdiction
Nolo contendere
Westlaw
44. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Legal fiction
Reverse
Confidentiality
Plain meaning
45. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Issue of first impression
Joint tenancy
Ethical wall or screen or cone of silence
Rule 56 motion (summary judgment motion)
46. A national voluntary organization of lawyers.
Administrative law
American Bar Association (ABA) www.abanet.org
Mens rea
Subsequent case history
47. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Potential conflict
Lay witness
Subpoena
48. A worldwide network of computer networks.
Grand jury
Internet
Relevancy
Indictment
49. A special type of joint tenancy applicable only to married couples.
Tenancy by the entirety
Preemption
Recklessness
Exculpatory evidence
50. 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.
Retreat exception
Contributory negligence
Equity
Minor premise