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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 national voluntary organization of lawyers.
Deponent
Tenancy by the entirety
American Bar Association (ABA) www.abanet.org
Exclusive jurisdiction
2. The rule that in order to claim self-defense there must have been no possibility of retreat.
Holding
Retreat exception
Lay a foundation
Joint tenancy
3. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Open Questions
Cross-examination
Equity
Class action suit
4. A court opinion that establishes new law in an important area.
Ethical wall or screen or cone of silence
Guardian
Landmark decision
Stop and frisk
5. The first ten amendments to the U.S. Constitution.
Discovery
Caption
Bill of Rights
Persuasive authority
6. Something of value exchanged to form the basis of a contract.
Restatement of the Law of Torts - Second
Consideration
Procedural law
Product misuse
7. Evidence that suggests the defendant's guilt.
Legal Research
Assumption
Dictum
Inculpatory evidence
8. The party in a lawsuit against whom an appeal has been filed.
Quiet enjoyment
Appellate courts
Retreat exception
Appellee or respondent
9. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
American Association for Paralegal Education (AAfPE) www.aafpe.org
Joint tenancy
Remand
Circumstantial evidence
10. 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
Headnote
Overrule
Remand
11. When an appellate court that normally sits in panels sits as a whole.
Arrest
En banc
Leading questions
Third-party claim
12. Proof that the evidence is what it is said to be.
Cause of action
Black-letter law
Authentication
Notice
13. Law that deals with harm to society as a whole.
Criminal law
Statute
Lay advocate
Judgment proof
14. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Contingency Fee
Legal technician
Product misuse
Complaint
15. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Pretrial conference
Full-text searches
Black-letter law
Judicial review
16. Money is awarded to a plaintiff in payment for his or her actual losses.
Property
Shepardizing
Compensatory damages
Insanity defense
17. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Strict liability
Shepardizing
Authentication
Doctrine of implied powers
18. In a complaint - one cause of action.
Complaint
Jurisdiction
Leading questions
Count
19. An approach whereby the courts give a statute a narrow interpretation.
Substantial capacity test
Strict construction
Client trust account
On all fours
20. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Judicial activism
Unofficial reporter
Concluding paragraph
Subpoena
21. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Hearsay
Inculpatory evidence
Code
Exculpatory evidence
22. The court's power to review statutes to decide whether they conform to the Constitution.
Search engine
Motion
Judicial review
Jurisdiction
23. Being informed of some act done or about to be done.
False imprisonment
Harmless error
Agent
Notice
24. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Substantive facts
Major premise
Summons
25. 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.
Motion to suppress
Cause of action
Affirm
Major premise
26. A statute establishing and setting out the powers of an administrative agency.
Retainer
Enabling act
Suspension
Concurring opinion
27. The educated ability to apply law to specific facts.
Guardian
Prior case history
Count
Professional judgment
28. Not factually true - but accepted by the courts as being legally true.
Summons
Alternative dispute resolution (ADR)
Dismissal with prejudice
Constructive
29. The rules whereby all members of a law firm are treated as though they had represented the former client.
Client trust account
Product misuse
Vicarious representation
Attorney-client privilege
30. 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.
Negligence
Statutory element
Federalism
Tort law
31. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legal technician
Respondeat superior
Codification of the common law
Actual cause
32. An agreement supported by consideration.
Concurring opinion
Contract
Mandatory authority
Default judgment
33. A court order requiring a party to perform a specific act or to cease doing a specific act.
Entrapment
Limited jurisdiction
Contingency Fee
Injunction
34. A repeat offender; one who continues to commit more crimes.
Remedial statute
Recidivist
Tenancy in common
Legal fiction
35. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Peremptory challenge
M'Naghten test
Statute in derogation of the common law
36. A trial court error that is not sufficient to warrant reversing the decision.
Voir dire
Restrictive covenant
Harmless error
Strict liability
37. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Code of Federal Regulations (C.F.R.)
Contingency fee
Lexis
Secondary authority
38. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Diversity jurisdiction
Strict construction
General jurisdiction
U.S. district courts
39. 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.
Lay a foundation
Broad holding
Double jeopardy
Analogous cases
40. The questioning of your own witness.
Direct examination
Negligence
Affirm
Vicarious representation
41. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Headnote
Paralegal
Guardian
Materiality
42. A national paralegal association.
Legislative intent
National Association of Legal Assistants (NALA) www.nala.org
Codification
Product misuse
43. In a case brief - the rule of law applied to the case's specific facts.
Freelance Paralegal
Full-text searches
Issue
No-knock warrant
44. The power of a court to force a person to appear before it.
Personal jurisdiction
Notice pleading
Suspension
Best evidence rule
45. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Concurrent conflict of interest
Paralegal
Proximate cause
Road Map paragraph
46. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
American Bar Association (ABA) www.abanet.org
Full-text searches
Remedial statute
Service
47. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Federal question jurisdiction
Documentary evidence
Intentional tort
48. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Statutory element
Evidence
Notice
Relevancy
49. A trial court error that is not sufficient to warrant reversing the decision.
Liberal construction
Codification of the common law
Harmless error
Dissenting opinion
50. A token sum awarded when liability has been found but monetary damages cannot be shown.
Strict liability
Substantial capacity test
Syllabus
Nominal damages