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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. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Self-defense
Reverse
Testimonial evidence
Bail
2. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Slip laws
Transition
Legal Reasoning
Legal clinic
3. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Secondary authority
Mandatory authority
Judicial notice
4. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Contributory negligence
Case citation
Actual cause
Writ of certiorari
5. Information about the law - such as that contained in encyclopedias and law review articles.
Tenancy by the entirety
Secondary authority
Major premise
Evidence
6. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Reverse
Invasion of Privacy
Substantive law
Legal Reasoning
7. Questions relating to the interpretation or application of the law.
Questions of law
Tenancy in common
Derogation of the common law
Reverse
8. The status of having received a certificate documenting that the person has successfully completed an educational program.
Strict construction
U.S. district courts
Certificated
Booking
9. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Circumstantial evidence
Dissenting opinion
On all fours
Legal clinic
10. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Substantive facts
Evidence
Enabling act
11. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Insanity defense
Expert witness
Self-defense
12. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Property law
International Paralegal Management Association (IPMA) www.paralegal management.org
per curium
13. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Narrow Holding
Arraignment
Nolo contendere
Class action suit
14. A court order authorizing a sheriff to take property in order to enforce a judgment.
Prior case history
Pinpoint cite
Constructive eviction
Writ of execution
15. The general jurisdiction trial courts in the federal system.
Tort law
Booking
U.S. district courts
Subsequent case history
16. Specific questions that usually demand very short or yes-no answers.
Real Property
Judgment notwithstanding the verdict (judgment N.O.V.)
Closed Questions
Judicial notice
17. Voluntarily and knowingly subjecting oneself to danger.
Concurring opinion
Assumption of the risk
National Association of Legal Assistants (NALA) www.nala.org
Majority opinion
18. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Challenge for cause
Probable cause
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Cause of action
19. A form in which statutes are published; they are printed individually at the time they are first enacted.
Ejusdem generis
Administrative law
Slip laws
Contingency fee
20. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Jurisdiction
Legal technician
Mandatory authority
21. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Search engine
Plain meaning
Plain view doctrine
Stare decisis
22. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Peremptory challenge
Trial courts
Successive conflict of interest
23. Violation of a statute as proof of negligence
Negligence per se
Remand
Service
Questions of fact
24. The process of organizing statutes by subject matter.
Codification
Standing
Black-letter law
Affirmative defense
25. 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.
Real or physical evidence
Legal fiction
Strict construction
Hourly rate
26. The papers that begin a lawsuit-generally - the complaint and the answer.
Comparative negligence
Pleadings
Appellate or petitioner
Federal question jurisdiction
27. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Professional judgment
Strict construction
Necessity
28. 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.
Headnote
Certified
General jurisdiction
Writ of execution
29. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Relevancy
Defamation
Subsequent case history
Constructive eviction
30. A provision in a deed that prohibits specified uses of the property.
Motion
Federalism
Transition
Restrictive covenant
31. The power of a court to hear a case.
Jurisdiction
Contributory negligence
Counterclaim
Subsequent case history
32. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Criminal law
Dictum
Overrule
33. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Writ of habeas corpus
Broad holding
Pretrial motion
Subpoena
34. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
On point
Void for vagueness
Dismissal with prejudice
Expert witness
35. The power of a court to force a person to appear before it.
Power of judicial review
Personal jurisdiction
Disposition
Actus rea
36. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Battery
Counterclaim
Concurrent conflict of interest
37. Something of value exchanged to form the basis of a contract.
Exclusive jurisdiction
Compulsory joinder
Consideration
Potential conflict
38. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Retainer agreement
Constructive
Legal malpractice
Pattern jury instructions
39. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Evidence
Motion to suppress
Practice of law
Intellectual Property
40. Liability without having to prove fault.
Issue of first impression
Bailment
Strict liability
Motion in limine
41. Law that deals with harm to an individual.
Leading question
Potential conflict
Civil law
Pretrial conference
42. 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.
Motion for a new trial
Criminal law
Bill of Rights
Concluding paragraph
43. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Statutory element
American Bar Association (ABA) www.abanet.org
Negligence
Statutes of limitations
44. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Subpoena duces tecum
Stop and frisk
Adverse possession
45. A person who permits or directs another person to act on the principal's behalf.
Hearsay
Retainer agreement
Deponent
Principle
46. An intentional act that creates a harmful or offensive physical contact.
Battery
Professional judgment
Judicial notice
Consideration
47. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Documentary evidence
Holding
Closed Questions
Rules of criminal procedure
48. Evidence that is derived from an illegal search or interrogation is inadmissible.
Notice
Digest
Fruit of the poisonous tree doctrine
Real property
49. 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.
Negligence per se
Dissenting opinion
Arrest
Restatement of the Law of Torts - Second
50. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Clear and convincing
Personal property
Confidentiality
Booking