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Test your basic knowledge |
Paralegal 101
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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. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Contract
Peremptory challenge
Judgment
2. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Rule 56 motion (summary judgment motion)
Tickler System
Procedural facts
3. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Fixed Fee
Confidentiality
Notice
Criminal law
4. A national organization of paralegal programs that promotes high standards for paralegal education.
Damages
American Association for Paralegal Education (AAfPE) www.aafpe.org
Prior case history
Minor premise
5. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Issue
Judgment proof
Structured database
Intellectual Property
6. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Suspension
Corroborative evidence
Evidence
Legal technician
7. A court order requiring a person to appear to testify at a trial or deposition.
Stare decisis
Class action suit
Criminal law
Subpoena
8. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Common law
Court of record
Self-defense
Corroborative evidence
9. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Legal clinic
Canons of construction
Judicial activism
10. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Stare decisis
Overrule
Standing
Fruit of the poisonous tree doctrine
11. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Direct examination
Res ipsa loquitur
Legal clinic
Minor premise
12. The process of organizing statutes by subject matter.
Codification
Partnership
Concurring opinion
Strict liability
13. A set charge for a specific service - such as drafting a simple will.
Adverse possession
Fixed Fee
Lay a foundation
Recklessness
14. A tangible object or a right or ownership interest.
Property
Plaintiff
Judicial activism
Pleadings
15. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Easement
Summary jury trials
Writ of habeas corpus
Proving a case within a case
16. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Remand
On point
Issue of first impression
Entrapment
17. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Beyond a reasonable doubt
Federalism
Retreat exception
18. The result reached in a particular case.
Disposition
Overrule
Common law
Exclusionary rule
19. When the defendant does not have sufficient money or other assets to pay the judgment.
Restatement of the Law of Torts - Second
Judgment proof
Rules of criminal procedure
Defendant
20. The power of a court to hear a case.
Discovery
Legal technician
Count
Jurisdiction
21. An intentional act that creates a harmful or offensive physical contact.
Slip laws
Overrule
Proximate cause
Battery
22. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Evidence
Prima facie case
Active Listening
23. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Billable hours
Subpoena
Potential conflict
Westlaw
24. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Cause of action
Answer
Summary jury trials
25. The failure to act reasonably under the circumstances.
Legal writing
Negligence
Limited jurisdiction
Actus rea
26. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Codification
American Association for Paralegal Education (AAfPE) www.aafpe.org
Reverse
Popular name table
27. A constitutional protection against being tried twice for the same crime.
Pretrial conference
Pocket part
Double jeopardy
Real Property
28. Land and objects permanently attached to land.
Motion to require a finding of not guilty
Appellate brief
Real property
Grand jury
29. 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.
Booking
Concluding paragraph
Verification
Retainer agreement
30. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Inculpatory evidence
Lay advocate
Bailment
Search engine
31. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Negligence
Judicial notice
U.S. Supreme Court
Expert witness
32. Also known as real estate; land and items growing on or permanently attached to that land.
Discovery
Lay a foundation
Diversity jurisdiction
Real Property
33. A court order requiring a party to perform a specific act or to cease doing a specific act.
Injunction
Evidence
Appellate or petitioner
Voir dire
34. The publication of false statements that harm a person's reputation.
Derogation of the common law
Preponderance of the evidence
Motion for a new trial
Defamation
35. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Case reporters
Statute
Preponderance of the evidence
Service
36. A warrant that allows the police to enter without announcing their presence in advance.
Valid
Motion in limine
No-knock warrant
Irresistible impulse test
37. The tort theory that an employer can be sued for the negligent acts of its employees.
Liberal construction
Judgment notwithstanding the verdict (judgment N.O.V.)
Respondeat superior
Concurrent jurisdiction
38. The failure to act reasonably under the circumstances.
Appellee or respondent
Negligence
Professional judgment
Legal Research
39. The revocation of an attorney's license.
Summons
Holding
Disbarment
Writ of execution
40. A national voluntary organization of lawyers.
Bailment
American Bar Association (ABA) www.abanet.org
Judgment notwithstanding the verdict (judgment N.O.V.)
Cross-examination
41. 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 in limine
Motion for a new trial
Criminal law
Dissenting opinion
42. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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43. 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
Summons
Pleadings
Statute of limitations
44. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Disbarment
Arraignment
Prima facie case
Conflict of interest
45. 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
M'Naghten test
Lexis
Statutory element
Stare decisis
46. A statute establishing and setting out the powers of an administrative agency.
Complaint
Professional Corporation (PC)
Subsequent case history
Enabling act
47. The process of legislative enactment of areas of the law previously governed solely by the common law.
Judicial activism
Self-defense
Codification of the common law
Negligence
48. Liability without having to prove fault.
Appellate courts
Certificated
Personal property
Strict liability
49. 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.
Civil law
Jurisdiction
Overrule
Legal writing
50. A provision that purports to waive liability.
Exculpatory clause
Certificated
Arraignment
En banc
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