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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 form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Diversity jurisdiction
Substantial capacity test
Products liability
Deductive reasoning
2. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Booking
Legal technician
Necessity
Common law
3. Voluntarily and knowingly subjecting oneself to danger.
Minimum contacts
Concluding paragraph
Power of judicial review
Assumption of the risk
4. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
Reverse
Mistrial
Agent
5. All property that is not real property.
Treatment
Personal property
Legal Research
Motion for a new trial
6. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Exculpatory clause
Annotated statutes
Damages
Judgment
7. The first ten amendments to the U.S. Constitution.
Vicarious representation
Discovery
Bill of Rights
Model Rules of Professional Conduct
8. A trial court error that is not sufficient to warrant reversing the decision.
Statutes of limitations
Harmless error
Internet
Tort law
9. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Distinguishable cases
Active Listening
Corroborative evidence
Exigent circumstances
10. A statement in a judicial opinion not necessary for the decision of the case.
Dictum
Broad holding
Unofficial reporter
Minimum contacts
11. The number of hours - or parts of an hour - that can be charged to a specific client.
Ethical wall or screen or cone of silence
Motion in limine
Interrogatories
Billable hours
12. A book that contains court opinion headnotes arranged by subject matter.
Black-letter law
Removal
Digest
Clearly erroneous
13. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Liberal construction
Dismissal with prejudice
Entrapment
No-knock warrant
14. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Majority opinion
Inculpatory evidence
Entrapment
15. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Overrule
Constructive eviction
Subject matter jurisdiction
Limited liability partnership (LLP)
16. Federal and state rules that govern the admissibility of evidence in court.
Preponderance of the evidence
Negligence
Disposition
Rules of evidence
17. 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
Negligence
Diversity jurisdiction
American Association for Paralegal Education (AAfPE) www.aafpe.org
18. Something of value exchanged to form the basis of a contract.
Confidentiality
Consideration
Concurrent conflict of interest
Issue
19. The questioning of an opposing witness.
Closed Questions
Actus rea
Tort law
Cross-examination
20. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Res ipsa loquitur
Code of Federal Regulations (C.F.R.)
Class action suit
21. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Attorney-client privilege
Relevancy
Popular name table
22. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Codification
Codification of the common law
Registration
23. An agreement supported by consideration.
Contract
Freelance Paralegal
Common law
Bench trial
24. A court order requiring a party to perform a specific act or to cease doing a specific act.
Affirm
Official reporter
International Paralegal Management Association (IPMA) www.paralegal management.org
Injunction
25. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Active Listening
Necessity
Motion to require a finding of not guilty
Default judgment
26. The power of a court to hear a case.
Dissenting opinion
Motion in limine
Jurisdiction
Reverse
27. A case listed in Shepard's that cites your case.
Charging the jury
Citing case
Overbreadth
Evidence
28. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Verdict
Testimonial evidence
Statute
29. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Statutory element
Concurrent jurisdiction
Minor premise
30. Law dealing with ownership.
Loislaw
Property law
Canons of construction
Cumulative evidence
31. A set of standardized jury instructions.
Annotated statutes
Appellate brief
Property law
Pattern jury instructions
32. Evidence that suggests the defendant's guilt.
Specific performance
Vicarious representation
Inculpatory evidence
Corroborative evidence
33. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Rule 56 motion (summary judgment motion)
Attorney-client privilege
Active Listening
Directed verdict
34. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Verdict
Contract
Persuasive authority
35. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Reverse
Federalism
Legal writing
36. When an appellate court that normally sits in panels sits as a whole.
Bailment
En banc
Leading questions
Codification of the common law
37. Broad questions that put few limits on the freedom of the respondent.
Appellee or respondent
Open Questions
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Void for vagueness
38. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Verification
Narrow Holding
Dictum
Grand jury
39. An opinion that disagrees with the majority's decision and its reasoning.
Code of Federal Regulations (C.F.R.)
Dissenting opinion
Self-defense
Pretrial conference
40. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Statute of limitations
Jurisdiction
Power of judicial review
Citing case
41. 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
Exigent circumstances
Legal Reasoning
Procedural facts
42. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Concurring opinion
Materiality
Defendant
Registration
43. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Challenge for cause
Leading questions
Exculpatory clause
44. A repeat offender; one who continues to commit more crimes.
Codification of the common law
Conflict of interest
Recidivist
Appellee or respondent
45. A statute that changes the common law.
Lexis
Preponderance of the evidence
En banc
Statute in derogation of the common law
46. An intentional act that creates a harmful or offensive physical contact.
Writ of execution
Civil law
Negligence
Battery
47. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Majority opinion
Hypertext links
Indictment
48. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Trial courts
Mens rea
Duress
49. 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.
Pretrial motion
Mens rea
Grand jury
Restrictive covenant
50. 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.
Appellate brief
Intentional tort
Headnote
Major premise