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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. Evidence that does not add any new information but that confirms facts that already have been established.
Regulation
Cumulative evidence
Popular name table
Deposition
2. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Legislative intent
Bailment
Lexis
Retainer agreement
3. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Equity
Westlaw
Assault
American Association for Paralegal Education (AAfPE) www.aafpe.org
4. A person who initiates a lawsuit.
Nolo contendere
Issue
Plaintiff
Dissenting opinion
5. Specific questions that usually demand very short or yes-no answers.
Concluding paragraph
On all fours
Dissenting opinion
Closed Questions
6. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Direct evidence
Liberal construction
Power of judicial review
Major premise
7. Governmental publication of court opinions.
Punitive damages
Negligence
Official reporter
Preponderance of the evidence
8. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Service
Concurrent jurisdiction
Judicial notice
Intellectual Property
9. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Judicial activism
Proximate cause
Treatment
Harmless error
10. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Doctrine of implied powers
Overrule
Preemption
11. An actual incident or condition; not a legal consequence.
Overrule
Fact
Legal Research
Legal technician
12. Law that deals with harm to society as a whole.
Dictum
Joint tenancy
Rule
Criminal law
13. A summary of one legal point in a court opinion; written by the editors at West.
Negligence per se
Tenancy by the entirety
Writ of execution
Headnote
14. Law that deals with harm to an individual.
Lay witness
Civil law
Legal malpractice
Pretrial conference
15. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Property law
Exculpatory clause
Legislative history
16. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Dissenting opinion
Direct evidence
Actus rea
17. A tangible object or a right or ownership interest.
Legal Reasoning
Issue of first impression
Property
Headnote
18. An agreement supported by consideration.
Prima facie case
Booking
Contract
Reprimand or censure
19. Questions relating to the interpretation or application of the law.
Limited liability partnership (LLP)
Questions of law
Pretrial conference
Evidence
20. A calendering system that records key dates and important deadlines.
Certificated
Answer
Reverse
Tickler System
21. A statute establishing and setting out the powers of an administrative agency.
Diversity jurisdiction
Enabling act
Plaintiff
Broad holding
22. The power of a court to hear a case.
Jurisdiction
per curium
On all fours
Verdict
23. 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.
Substantive law
Enabling act
Successive conflict of interest
Federalism
24. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Diversity jurisdiction
Personal property
Cross-examination
25. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Injunction
Closed Questions
Certified
Judicial notice
26. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Regulation
Materiality
Civil law
Mediation
27. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Implied warranty of habitability
Subsequent case history
Narrow Holding
Assumption of the risk
28. 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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29. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Arrest
Products liability
Concurring opinion
Lay advocate
30. The justified use of force to protect oneself or others.
Holding
Exculpatory clause
Warrant
Self-defense
31. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Double jeopardy
International Paralegal Management Association (IPMA) www.paralegal management.org
Materiality
Code
32. When only one court has the power to hear a case.
Plea bargaining
Agent
Exclusive jurisdiction
Fruit of the poisonous tree doctrine
33. A pamphlet inserted into the back of a book containing information new since the volume was published.
Constitutional law
Structured database
Pocket part
Legal writing
34. A compilation of federal administrative regulations arranged by agency.
Unofficial reporter
Separation of powers
Code of Federal Regulations (C.F.R.)
National Association of Legal Assistants (NALA) www.nala.org
35. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Strict liability
Harmless error
Search engine
Res ipsa loquitur
36. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Pleadings
Partnership
Original jurisdiction
Cumulative evidence
37. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Cumulative evidence
Entrapment
Freelance Paralegal
Internet
38. Rules of conduct promulgated and enforced by the government.
Trial courts
Laws
Professional Corporation (PC)
Issue of first impression
39. Occurs when the police restrain a person's freedom and charge the person with a crime.
Legal services offices
Arrest
American Association for Paralegal Education (AAfPE) www.aafpe.org
National Federation of Paralegal Associations (NFPA) www.paralegals.org
40. A canon of construction meaning 'of the same class.:
Bill of Rights
Ejusdem generis
Miranda warnings
Certificated
41. Monetary compensation - including compensatory - punitive - and nominal damages.
Circumstantial evidence
Deductive reasoning
Real Property
Damages
42. In a complaint - one cause of action.
Direct examination
Secondary authority
Count
Affirmative defense
43. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Expert witness
Implied warranty of habitability
Limited liability partnership (LLP)
Remedial statute
44. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Adverse possession
Expert witness
Confidentiality
Warrant
45. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Questions of fact
Full-text searches
Bench trial
Broad holding
46. Bad act.
Recklessness
Proving a case within a case
Dissenting opinion
Actus rea
47. An issue that the court has never faced before.
Issue of first impression
Legislative history
Jurisdiction
Damages
48. 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.
Evidence
Plea bargaining
Diversity jurisdiction
Concluding paragraph
49. An opinion that disagrees with the majority's decision and its reasoning.
Structured database
Dissenting opinion
Unofficial reporter
Successive conflict of interest
50. The pleading that begins a lawsuit.
Complaint
Plaintiff
Assumption
Execute