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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. The transfer of a case from one state court to a federal court.
On all fours
Removal
Unofficial reporter
Testimonial evidence
2. Federal and state rules that regulate how criminal proceedings are conducted.
Preponderance of the evidence
Cause of action
Dissenting opinion
Rules of criminal procedure
3. A book that contains court opinion headnotes arranged by subject matter.
Digest
Writ of certiorari
Full-text searches
Code
4. The failure of an attorney to act reasonably.
Partnership
Legal malpractice
Negligence
Miranda warnings
5. 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.
Recidivist
Separation of powers
Third-party claim
Stop and frisk
6. A computerized database that contains key information about the content of documents - such as medical records.
Subpoena
Federal question jurisdiction
Direct evidence
Structured database
7. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Exculpatory evidence
Summary jury trials
Secondary authority
8. A court's power to hear any type of case arising within its geographical area.
Questions of law
Specific performance
General jurisdiction
Reverse
9. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Materiality
Primary authority
Subsequent case history
Regulation
10. Not factually true - but accepted by the courts as being legally true.
Constructive
Constitutional law
Substantial capacity test
Intentional tort
11. Any tangible object - like a bloody glove.
Real or physical evidence
Dictum
Arrest
Practice of law
12. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Documentary evidence
Exigent circumstances
Statutory element
13. A defense requiring proof that the defendant was not mentally responsible.
Third-party claim
Assumption of the risk
Insanity defense
Entrapment
14. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Canons of construction
Nominal damages
Motion for a new trial
Miranda warnings
15. When more than one court has jurisdiction to hear a case.
Contributory negligence
Paralegal
Interrogatories
Concurrent jurisdiction
16. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Cross-examination
Contributory negligence
Concluding paragraph
Insanity defense
17. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Assumption
Valid
Booking
Third-party claim
18. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Alternative dispute resolution (ADR)
Conflict of interest
Limited jurisdiction
19. An opinion that agrees with the majority's result but disagrees with its reasoning.
Third-party claim
Concurring opinion
Self-defense
Active Listening
20. 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.
Loislaw
Probable cause
Affirmative defense
Motion in limine
21. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Consideration
Respondeat superior
Majority opinion
22. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
On point
Bench trial
Stare decisis
Miranda warnings
23. The power of a court to hear a particular type of case.
Code
Subject matter jurisdiction
Headnote
M'Naghten test
24. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Disbarment
Ejusdem generis
Constructive eviction
Active Listening
25. 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.
Assumption of the risk
Conflict of interest
Appellate brief
Headnote
26. 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)
Competency
Writ of habeas corpus
Doctrine of implied powers
27. Specific questions that usually demand very short or yes-no answers.
Plain meaning
Leading questions
Closed Questions
Subsequent case history
28. 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.
Contributory negligence
Arbitration
Double jeopardy
Easement
29. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Counterclaim
Road Map paragraph
Limited jurisdiction
30. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Personal jurisdiction
Billable hours
Analogous cases
31. 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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32. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Official reporter
Treatment
Rule
Case reporters
33. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Restatement of the Law of Torts - Second
Personal recognizance bond
Compulsory joinder
Potential conflict
34. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Dismissal with prejudice
Valid
Compulsory joinder
Westlaw
35. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
Warrant
Subject matter jurisdiction
Road Map paragraph
36. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Dismissal with prejudice
Freelance Paralegal
Real property
Potential conflict
37. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Lay a foundation
Concluding paragraph
Tenancy in common
Judicial notice
38. A repeat offender; one who continues to commit more crimes.
Recidivist
Liberal construction
Miranda warnings
Directed verdict
39. The process of legislative enactment of areas of the law previously governed solely by the common law.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Concurrent conflict of interest
Codification of the common law
Preemption
40. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Contributory negligence
Criminal law
Diversity jurisdiction
Mediation
41. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Attorney-client privilege
Products liability
Certified
Substantial capacity test
42. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Jurisdiction
Miranda warnings
Legal malpractice
43. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Reverse
Testimonial evidence
En banc
Legal technician
44. Also known as real estate; land and items growing on or permanently attached to that land.
Statutes at large or session laws
Real Property
Confidentiality
Retainer agreement
45. Court decisions from a higher court in the same jurisdiction.
M'Naghten test
Mandatory authority
Pinpoint cite
Freelance Paralegal
46. 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.
Statutes of limitations
Eminent Domain
Broad holding
Evidence
47. 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.
Successive conflict of interest
Dictum
Codification of the common law
Legislative history
48. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Mistrial
Self-defense
Hearsay
49. 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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50. The party in a case who has initiated an appeal.
Mandatory authority
Pleadings
Appellate or petitioner
Administrative law