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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. A right to use property owned by another for a limited purpose.
Easement
Personal property
Eminent Domain
Exhaustion of administrative remedies
2. The result reached in a particular case.
Disposition
General jurisdiction
Loislaw
Exculpatory clause
3. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Tickler System
Active Listening
Proximate cause
Closed Questions
4. When only one court has the power to hear a case.
Model Rules of Professional Conduct
Exclusive jurisdiction
Power of judicial review
Billable hours
5. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Assault
Active Listening
Professional Corporation (PC)
Judicial review
6. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Subject matter jurisdiction
No-knock warrant
Appellate brief
7. Books that contain appellate court decisions. There are both official and unofficial reporters.
Federalism
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Case reporters
Substantial capacity test
8. 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.
Comparative negligence
Miranda warnings
Adverse possession
Civil law
9. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Power of judicial review
Contract
Fruit of the poisonous tree doctrine
10. Evidence that suggests the defendant's innocence.
Shepardizing
Exculpatory evidence
Practice of law
Statutes at large or session laws
11. A court order requiring a party to perform a specific act or to cease doing a specific act.
Concluding paragraph
Injunction
Remedial statute
Constructive
12. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Subpoena duces tecum
Testimonial evidence
Overrule
Minimum contacts
13. Courts that determine the facts and apply the law to the facts.
Notice
Trial courts
Negligence
Federal question jurisdiction
14. 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.
Third-party claim
Assumption of the risk
Model Rules of Professional Conduct
Professional judgment
15. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Derogation of the common law
Loislaw
Comparative negligence
Battery
16. Governmental publication of court opinions.
Cumulative evidence
Official reporter
Discovery
Confidentiality
17. The intermediate appellate courts in the federal system.
Voir dire
Distinguishable cases
Property
U.S. Court of Appeals
18. 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.
Real or physical evidence
Broad holding
Rules of evidence
Leading question
19. Specific questions that usually demand very short or yes-no answers.
Product misuse
Closed Questions
Peremptory challenge
Subject matter jurisdiction
20. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Motion for a new trial
Plain meaning
Annotated statutes
Count
21. The publication of false statements that harm a person's reputation.
Contributory negligence
Standing
Popular name table
Defamation
22. Establishes a direct link to the event that must be proven.
Direct evidence
Ejusdem generis
Punitive damages
Exclusionary rule
23. Simultaneously representing adverse clients.
Reprimand or censure
Actus rea
Concurrent conflict of interest
Judicial restraint
24. A business run by two or more persons as co-owners.
Double jeopardy
Damages
Negligence
Partnership
25. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Contingency fee
Overbreadth
Treatment
Deductive reasoning
26. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Agent
Subpoena
Pinpoint cite
27. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Headnote
Legal Research
Best evidence rule
Ethical wall or screen or cone of silence
28. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Invasion of Privacy
Proving a case within a case
Certificated
Mediation
29. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Rules of evidence
Appellate courts
Defendant
Probable cause
30. A grand jury's written accusation that a given individual has committed a crime.
Statute of limitations
Indictment
Statutes at large or session laws
Counterclaim
31. The requirement that relief be sought from an administrative agency before proceeding to court.
Substantive law
Exhaustion of administrative remedies
Subpoena
Beyond a reasonable doubt
32. A provision in a deed that prohibits specified uses of the property.
Professional Corporation (PC)
Summons
Limited jurisdiction
Restrictive covenant
33. 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.
Structured database
Federalism
Jurisdiction
Writ of execution
34. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Search engine
Third-party claim
Reverse
National Federation of Paralegal Associations (NFPA) www.paralegals.org
35. The first ten amendments to the U.S. Constitution.
Legal services offices
Bailment
Count
Bill of Rights
36. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Reverse
U.S. Court of Appeals
Plea bargaining
37. 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
Invasion of Privacy
Limited jurisdiction
Double jeopardy
38. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
On point
Legal services offices
Assumption of the risk
Unofficial reporter
39. 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
Appellee or respondent
Headnote
Probable cause
40. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Stare decisis
Case reporters
Defendant
41. Consists of records - contracts - leases - wills - and other written instruments.
Judgment notwithstanding the verdict (judgment N.O.V.)
Hypertext links
Documentary evidence
Federalism
42. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Bail
Judicial notice
Unofficial reporter
Assault
43. A defense requiring proof that the defendant was not mentally responsible.
Practice of law
Insanity defense
Common law
Preemption
44. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Nolo contendere
Cause of action
Reversible error
Entrapment
45. A book that contains court opinion headnotes arranged by subject matter.
Legal Reasoning
Legal malpractice
Execute
Digest
46. Disregarding a substantial and unjustifiable risk that harm will result.
Practice of law
Bill of Rights
Citation
Recklessness
47. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Punitive damages
Attorney-client privilege
Subject matter jurisdiction
Strict construction
48. Occurs when the police restrain a person's freedom and charge the person with a crime.
Code
Certified
Arrest
Contributory negligence
49. A special type of joint tenancy applicable only to married couples.
Tenancy by the entirety
Fruit of the poisonous tree doctrine
Questions of law
Caption
50. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Peremptory challenge
Legal technician
Miranda warnings