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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 court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Internet
Testimonial evidence
Summary jury trials
Court of record
2. The result reached in a particular case.
Irresistible impulse test
Actus rea
Limited liability partnership (LLP)
Disposition
3. Specific questions that usually demand very short or yes-no answers.
Legal Research
Tickler System
Strict liability
Closed Questions
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.
Indictment
Exigent circumstances
Actual cause
Summary jury trials
5. Liability without having to prove fault.
Constructive eviction
Landmark decision
Strict liability
Code of Federal Regulations (C.F.R.)
6. A national paralegal association.
Property
Property law
National Association of Legal Assistants (NALA) www.nala.org
Doctrine of implied powers
7. A bank account used to hold money belonging to the client or to a third party.
Lay a foundation
Client trust account
Invasion of Privacy
International Paralegal Management Association (IPMA) www.paralegal management.org
8. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Restrictive covenant
Motion
Separation of powers
Registration
9. When more than one court has jurisdiction to hear a case.
Judicial notice
Concurrent jurisdiction
Nolo contendere
Holding
10. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Practice of law
Service
Registration
M'Naghten test
11. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion in limine
Overrule
M'Naghten test
En banc
12. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Jurisdiction
Circumstantial evidence
Battered woman's or spouse's syndrome
13. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Clearly erroneous
Compulsory joinder
Concurrent conflict of interest
Specific performance
14. 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.
Principle
Joint tenancy
Proximate cause
Defamation
15. Representing someone who is in a position adverse to a prior client.
Clearly erroneous
Successive conflict of interest
Arrest
Appellant or petitioner
16. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Cross-claim
Reprimand or censure
Mediation
17. The first ten amendments to the U.S. Constitution.
Transition
Bill of Rights
Fruit of the poisonous tree doctrine
Judicial review
18. A claim by the defendant against the plaintiff.
Beyond a reasonable doubt
Counterclaim
Dismissal with prejudice
Court of record
19. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Criminal law
Void for vagueness
Common law
Codification of the common law
20. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Subject matter jurisdiction
Personal property
Pretrial conference
Stare decisis
21. An approach whereby the courts give a statute a broad interpretation.
Deposition
On all fours
Subpoena duces tecum
Liberal construction
22. Without the need for a warrant - the police may seize objects that are openly visible.
Caption
Plain view doctrine
Defendant
Bill of Rights
23. A worldwide network of computer networks.
Ethical wall or screen or cone of silence
Intellectual Property
Internet
Fruit of the poisonous tree doctrine
24. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Limited jurisdiction
Hearsay
Court of record
Rule
25. An approach whereby the courts give a statute a narrow interpretation.
Ejusdem generis
Alternative dispute resolution (ADR)
Substantial capacity test
Strict construction
26. When a higher court agrees with what lower court has done.
Practice of law
Tickler System
Charging the jury
Affirm
27. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Questions of fact
Rule
Conflict of interest
Loislaw
28. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Writ of certiorari
Codification
Plea bargaining
Competency
29. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Consideration
Specific performance
Judgment
Statutory element
30. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Arrest
Lay a foundation
Comparative negligence
Questions of law
31. Generally accepted legal principles.
Black-letter law
Lay witness
Pleading in the alternative
Cross-claim
32. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Affirmative defense
Notice
Tenancy by the entirety
Challenge for cause
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.
Charging the jury
On point
Personal property
Federalism
34. The process of legislative enactment of areas of the law previously governed solely by the common law.
Plain meaning
Codification of the common law
Narrow Holding
Verification
35. The publication of false statements that harm a person's reputation.
Original jurisdiction
Defamation
Contingency Fee
Voir dire
36. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Compensatory damages
Quiet enjoyment
National Association of Legal Assistants (NALA) www.nala.org
37. A person who initiates an appeal.
Necessity
Miranda warnings
Appellant or petitioner
Pleading in the alternative
38. A constitutional protection against being tried twice for the same crime.
Intentional tort
Double jeopardy
Reprimand or censure
Preemption
39. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Plea bargaining
Tenancy by the entirety
Battery
Leading question
40. 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.
Pocket part
Punitive damages
Successive conflict of interest
Persuasive authority
41. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Principle
Registration
Irresistible impulse test
Comparative negligence
42. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Doctrine of implied powers
Defendant
Contributory negligence
No-knock warrant
43. A public or private statement that an attorney's conduct violated the code of ethics.
Battery
Grand jury
Active Listening
Reprimand or censure
44. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Notice pleading
Appellee or respondent
Strict liability
Grand jury
45. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Exclusionary rule
General jurisdiction
Civil law
Materiality
46. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Bench trial
Documentary evidence
Necessity
Relevancy
47. Bad act.
Property law
Exculpatory evidence
Actus rea
per curium
48. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
False imprisonment
Ejusdem generis
Internet
49. A summary of one legal point in a court opinion; written by the editors at West.
Reverse
Fact
Interrogatories
Headnote
50. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Equity
Contingency fee
Holding
Appellate courts