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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 lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Testimonial evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
Class action suit
Removal
2. The chronological publication of statutes at the end of a legislative session.
Subject matter jurisdiction
Federalism
Statutes at large or session laws
Class action suit
3. Not factually true - but accepted by the courts as being legally true.
Double jeopardy
Summary jury trials
Appellate or petitioner
Constructive
4. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Search engine
Unauthorized practice of law
Intentional tort
Entrapment
5. Evidence that is derived from an illegal search or interrogation is inadmissible.
Irresistible impulse test
Cause of action
Fruit of the poisonous tree doctrine
Questions of law
6. 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.
Lexis
Prior case history
Affirm
Exculpatory evidence
7. 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.
Plaintiff
Proximate cause
Product misuse
Model Rules of Professional Conduct
8. 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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9. A book that contains court opinion headnotes arranged by subject matter.
Assault
Contributory negligence
Federalism
Digest
10. The power of a court to hear a case.
Overbreadth
Hourly rate
Jurisdiction
Remand
11. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Relevancy
On all fours
Materiality
Legal clinic
12. Voluntarily and knowingly subjecting oneself to danger.
Regulation
Real or physical evidence
Assumption of the risk
Suspension
13. When an appellate court sends a case back to the trial court for a new trial or other action.
Negligence
Remand
Answer
Subject matter jurisdiction
14. Information about the law - such as that contained in encyclopedias and law review articles.
Search engine
Bench trial
Bail
Secondary authority
15. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Statute in derogation of the common law
Reversible error
Appellate brief
16. The power of a court to force a person to appear before it.
Battered woman's or spouse's syndrome
Motion
Appellate or petitioner
Personal jurisdiction
17. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Dissenting opinion
Restatement of the Law of Torts - Second
Contingency fee
Affirmative defense
18. Cases that involve different facts and/or rules of law.
Injunction
Issue
Notice
Distinguishable cases
19. The purpose of the legislature at the time it enacted the statute.
Deductive reasoning
Dissenting opinion
Headnote
Legislative intent
20. A national organization of paralegal programs that promotes high standards for paralegal education.
Third-party claim
American Association for Paralegal Education (AAfPE) www.aafpe.org
Implied warranty of habitability
Legal writing
21. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Prior case history
Potential conflict
Best evidence rule
Disbarment
22. 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.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Successive conflict of interest
Motion for a new trial
Writ of habeas corpus
23. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Prima facie case
Annotated statutes
Stop and frisk
Jurisdiction
24. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Irresistible impulse test
Rule
Retainer
25. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Codification of the common law
Hearsay
Power of judicial review
Compulsory joinder
26. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Reverse
Entrapment
Legal fiction
Legal Research
27. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Restatement of the Law of Torts - Second
Questions of law
Court of record
28. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Holding
Real Property
Overrule
Summons
29. A person who initiates an appeal.
Appellant or petitioner
Questions of law
Battery
Code
30. Rules of conduct promulgated and enforced by the government.
Federalism
Evidence
Laws
Double jeopardy
31. A court opinion that establishes new law in an important area.
Substantive facts
Landmark decision
Lay a foundation
Rules of evidence
32. An advance or down payment that is given to engage the services of an attorney.
Vicarious representation
Retainer
Assumption of the risk
Model Rules of Professional Conduct
33. The process of organizing statutes by subject matter.
Codification
Dissenting opinion
Intentional tort
Limited jurisdiction
34. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Property
Dismissal with prejudice
Agent
Remedial statute
35. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Discovery
Loislaw
Alternative dispute resolution (ADR)
36. An intentional act that creates a harmful or offensive physical contact.
General jurisdiction
On point
Appellate brief
Battery
37. A special type of joint tenancy applicable only to married couples.
Reprimand or censure
Tenancy by the entirety
Compulsory joinder
Bailment
38. 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.
Confidentiality
Nominal damages
Constitutional law
Procedural law
39. Evidence that does not add any new information but that confirms facts that already have been established.
Self-defense
Joint tenancy
Administrative law
Cumulative evidence
40. 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
Contributory negligence
Product misuse
National Association of Legal Assistants (NALA) www.nala.org
41. A tort committed by one who intends to do the act that creates the harm.
Concurrent conflict of interest
Irresistible impulse test
Hourly rate
Intentional tort
42. A defense whereby the defendant offers new evidence to avoid judgment.
Statute of limitations
Affirmative defense
Preponderance of the evidence
Ethical wall or screen or cone of silence
43. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Personal property
Defendant
Case reporters
Deductive reasoning
44. A grand jury's written accusation that a given individual has committed a crime.
Tenancy by the entirety
Substantive law
Indictment
Actus rea
45. Law that creates rights and duties.
No-knock warrant
Prima facie case
Regulation
Substantive law
46. A set charge for a specific service - such as drafting a simple will.
Westlaw
Fixed Fee
Overrule
per curium
47. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Best evidence rule
Doctrine of implied powers
Distinguishable cases
Separation of powers
48. A document that lists statements regarding specific items for the other party to admit or deny.
Proving a case within a case
Enabling act
Request for admissions
Slip laws
49. A separable part of a statute that must be satisfied for the statute to apply.
Harmless error
Citation
Proving a case within a case
Statutory element
50. Law that deals with harm to society as a whole.
Analogous cases
Criminal law
Persuasive authority
Mandatory authority