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Test your basic knowledge |
Paralegal 101
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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. To perform.
Guardian
Inculpatory evidence
Annotated statutes
Execute
2. 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.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Tort law
Principle
Preemption
3. 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.
Necessity
Suspension
Real or physical evidence
Loislaw
4. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Westlaw
Distinguishable cases
Motion
5. A set of standardized jury instructions.
U.S. Court of Appeals
Void for vagueness
Plain meaning
Pattern jury instructions
6. A separable part of a statute that must be satisfied for the statute to apply.
Proving a case within a case
Statutory element
Freelance Paralegal
Federalism
7. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
On all fours
Default judgment
Writ of certiorari
Comparative negligence
8. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Concurring opinion
Strict liability
Affirm
9. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Freelance Paralegal
Implied warranty of habitability
Interrogatories
Answer
10. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Tenancy by the entirety
Intellectual Property
Entrapment
Preemption
11. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
American Association for Paralegal Education (AAfPE) www.aafpe.org
Appellee or respondent
Exclusionary rule
12. The number of hours - or parts of an hour - that can be charged to a specific client.
Counterclaim
Arraignment
Testimonial evidence
Billable hours
13. A request that the court order that certain information not be mentioned in the presence of the jury.
Respondeat superior
Remedial statute
Third-party claim
Motion in limine
14. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Judgment notwithstanding the verdict (judgment N.O.V.)
Compulsory joinder
Statutes of limitations
Official reporter
15. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Invasion of Privacy
Strict liability
Reverse
16. A canon of construction meaning 'of the same class.:
Punitive damages
No-knock warrant
Full-text searches
Ejusdem generis
17. 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
Subsequent case history
Guardian
Legislative history
18. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Direct examination
Removal
Motion to suppress
19. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Codification
per curium
Appellate courts
Narrow Holding
20. The pretrial oral questioning of a witness under oath.
Deposition
Legislative intent
Charging the jury
Analogous cases
21. A constitutional protection against being tried twice for the same crime.
Landmark decision
Double jeopardy
Battered woman's or spouse's syndrome
Shepardizing
22. A book that contains court opinion headnotes arranged by subject matter.
Complaint
Retainer
Best evidence rule
Digest
23. The reference to a particular page within an opinion.
Black-letter law
Pinpoint cite
Recidivist
Appellate brief
24. A repeat offender; one who continues to commit more crimes.
Recidivist
Broad holding
General jurisdiction
Full-text database
25. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Unofficial reporter
Concurrent jurisdiction
Motion
26. Courts that determine whether lower courts have made errors of law.
Defendant
Appellate courts
Products liability
On all fours
27. Evidence that suggests the defendant's innocence.
Negligence
Third-party claim
Subsequent case history
Exculpatory evidence
28. 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
Reverse
Successive conflict of interest
Deductive reasoning
29. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Transition
Structured database
Motion for a new trial
30. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Liberal construction
Model Rules of Professional Conduct
Standing
Retainer agreement
31. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Statutes of limitations
En banc
Subpoena duces tecum
Motion to require a finding of not guilty
32. The failure of an attorney to act reasonably.
Legal malpractice
Arbitration
Partnership
Administrative law
33. The opinion of a jury on a question of fact.
Verdict
Federalism
Codification of the common law
Legal clinic
34. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Client trust account
Cause of action
Lay witness
Constructive
35. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Damages
Road Map paragraph
Professional Corporation (PC)
Personal recognizance bond
36. A constitutional protection against being tried twice for the same crime.
Federalism
Charging the jury
Legislative intent
Double jeopardy
37. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Prima facie case
Recidivist
Federalism
38. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Rule 56 motion (summary judgment motion)
Partnership
Insanity defense
Mistrial
39. The power of government to take private property for public purposes.
Eminent Domain
Standing
Reverse
Warrant
40. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Personal jurisdiction
Overrule
False imprisonment
Recidivist
41. A pamphlet inserted into the back of a book containing information new since the volume was published.
Recidivist
Court of record
Minimum contacts
Pocket part
42. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Contingency Fee
Legal services offices
Intentional tort
43. Occurs when the police restrain a person's freedom and charge the person with a crime.
Pretrial motion
Entrapment
Arrest
Constructive
44. Evidence that does not add any new information but that confirms facts that already have been established.
Interrogatories
Nominal damages
Cumulative evidence
Indictment
45. 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
Legal Reasoning
Exculpatory clause
Assumption of the risk
Equity
46. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Lay witness
Court of record
Concurrent conflict of interest
Complaint
47. 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.
Clear and convincing
En banc
Competency
Closed Questions
48. Not factually true - but accepted by the courts as being legally true.
Code
Constructive
Harmless error
Pinpoint cite
49. 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.
Laws
Constructive
Unofficial reporter
Booking
50. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Legal Reasoning
Prior case history
Active Listening
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