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Test your basic knowledge |
Paralegal 101
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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 worldwide network of computer networks.
Internet
Case citation
Count
Property law
2. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Dictum
Legal clinic
Conflict of interest
Lay a foundation
3. A trial court error that is not sufficient to warrant reversing the decision.
Motion to require a finding of not guilty
Adverse possession
National Association of Legal Assistants (NALA) www.nala.org
Harmless error
4. A law promulgated by an administrative agency.
Regulation
Motion
Arbitration
Mistrial
5. 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.
Retainer agreement
Appellate brief
Plain view doctrine
Cause of action
6. Occurs when the police restrain a person's freedom and charge the person with a crime.
Legal Research
Arrest
Internet
Dissenting opinion
7. 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
On all fours
Lay advocate
Tickler System
8. Broad questions that put few limits on the freedom of the respondent.
Documentary evidence
Open Questions
Professional Corporation (PC)
Pleadings
9. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Removal
Harmless error
On point
Registration
10. 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.
Reverse
Black-letter law
Property law
Hourly rate
11. 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.
Statutory element
Disposition
Competency
Holding
12. General principles that guide the courts in their interpretation of statutes.
Motion in limine
Irresistible impulse test
Canons of construction
Nominal damages
13. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Guardian
Harmless error
Alternative dispute resolution (ADR)
14. A statement in a judicial opinion not necessary for the decision of the case.
Preponderance of the evidence
Dictum
Miranda warnings
Real Property
15. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Strict liability
Strict construction
Open Questions
16. The pleading that begins a lawsuit.
Contingency fee
Plain meaning
Personal recognizance bond
Complaint
17. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Necessity
Dissenting opinion
Beyond a reasonable doubt
18. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Proving a case within a case
Affirm
Statutes of limitations
19. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Clearly erroneous
Irresistible impulse test
Plea bargaining
Syllabus
20. Questions relating to what happened: who - what - when - where - and how.
Summary jury trials
Legal Reasoning
Preemption
Questions of fact
21. The chronological publication of statutes at the end of a legislative session.
Pleadings
Statutes at large or session laws
Codification of the common law
Mistrial
22. Evidence that suggests the defendant's innocence.
Best evidence rule
Exculpatory evidence
Successive conflict of interest
Questions of law
23. 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.
Appellate brief
Specific performance
Full-text database
Client trust account
24. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Majority opinion
Doctrine of implied powers
Registration
25. The rule that in order to claim self-defense there must have been no possibility of retreat.
Affirm
Retreat exception
Subsequent case history
Judicial notice
26. Law that deals with harm to an individual.
Appellate brief
Citation
Civil law
Original jurisdiction
27. The power of a court to hear a particular type of case.
Plaintiff
Bailment
Issue
Subject matter jurisdiction
28. 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
Appellee or respondent
Real or physical evidence
Holding
29. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Persuasive authority
Disbarment
Remedial statute
Comparative negligence
30. A determination that an attorney may not practice law for a set period of time.
Suspension
Inculpatory evidence
Procedural law
Laws
31. Land and objects permanently attached to land.
Real property
Liberal construction
Dissenting opinion
Full-text database
32. An issue that the court has never faced before.
Issue of first impression
Bill of Rights
Headnote
Expert witness
33. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Concurrent conflict of interest
Judgment
Remand
Direct examination
34. A set of standardized jury instructions.
Mistrial
Judicial activism
Pattern jury instructions
Citation
35. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Pattern jury instructions
Subpoena duces tecum
Interrogatories
Defendant
36. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Hearsay
Cross-examination
Shepardizing
Syllabus
37. 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.
Implied warranty of habitability
Booking
Freelance Paralegal
Subsequent case history
38. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Property
Canons of construction
Subsequent case history
39. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Concluding paragraph
Constructive
Double jeopardy
Caption
40. Establishes a direct link to the event that must be proven.
Code of Federal Regulations (C.F.R.)
Retainer
Direct evidence
Citing case
41. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Inculpatory evidence
Cross-claim
Court of record
42. 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
Dissenting opinion
Loislaw
Pleadings
43. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Appellee or respondent
Dismissal with prejudice
Arraignment
Plea bargaining
44. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Motion
Legal malpractice
Power of judicial review
Full-text database
45. A statute that changes the common law.
Limited jurisdiction
Statute in derogation of the common law
Pleadings
Rules of evidence
46. Indirect evidence - used to prove facts by implication.
International Paralegal Management Association (IPMA) www.paralegal management.org
Assumption of the risk
Questions of law
Circumstantial evidence
47. The power of a court to hear a case.
Materiality
Jurisdiction
Insanity defense
Real Property
48. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Major premise
Third-party claim
Assault
Laws
49. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Enabling act
Proximate cause
Case reporters
Doctrine of implied powers
50. A provision that purports to waive liability.
Exculpatory clause
Assault
Reverse
Battered woman's or spouse's syndrome
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