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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. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Appellant or petitioner
Double jeopardy
Entrapment
Assault
2. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Negligence
Self-defense
Compensatory damages
3. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Mandatory authority
Exhaustion of administrative remedies
Potential conflict
Strict liability
4. Establishes a direct link to the event that must be proven.
Dissenting opinion
Restatement of the Law of Torts - Second
Laws
Direct evidence
5. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Certificated
Defamation
Easement
Legal Reasoning
6. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Original jurisdiction
Ethical wall or screen or cone of silence
Materiality
Statute of limitations
7. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Case citation
Notice pleading
Discovery
Service
8. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
per curium
Entrapment
Annotated statutes
Issue of first impression
9. Proof that the evidence is what it is said to be.
Mens rea
Separation of powers
Professional Corporation (PC)
Authentication
10. Someone who has the power to act in the place of another.
Cross-examination
Guardian
Agent
Court of record
11. A public or private statement that an attorney's conduct violated the code of ethics.
Potential conflict
Reprimand or censure
Legal services offices
Appellate courts
12. In a complaint - one cause of action.
Tenancy in common
Federalism
Count
Freelance Paralegal
13. When an appellate court that normally sits in panels sits as a whole.
Overrule
Motion
Consideration
En banc
14. All property that is not real property.
Property
Treatment
Personal property
On all fours
15. 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.
Issue
Legal technician
Overrule
Voir dire
16. The educated ability to apply law to specific facts.
Legal clinic
Implied warranty of habitability
Professional judgment
Retreat exception
17. A claim by the defendant against the plaintiff.
Counterclaim
Full-text searches
On all fours
On point
18. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Plaintiff
Digest
Tenancy in common
19. An opinion that disagrees with the majority's decision and its reasoning.
Professional Corporation (PC)
Legal clinic
Dissenting opinion
Constitutional law
20. The result reached in a particular case.
Remedial statute
Reverse
Federal question jurisdiction
Disposition
21. The general jurisdiction trial courts in the federal system.
Compulsory joinder
Issue
U.S. district courts
Questions of law
22. The judge informs the jurors of the law they need to know to make their decision.
Harmless error
Narrow Holding
Charging the jury
Cause of action
23. 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.
Summary jury trials
Relevancy
Property law
Double jeopardy
24. A court order requiring a party to perform a specific act or to cease doing a specific act.
Injunction
Judgment proof
Vicarious representation
Writ of certiorari
25. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Legal Reasoning
M'Naghten test
Lay witness
26. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Rule 56 motion (summary judgment motion)
Pleadings
Freelance Paralegal
Lexis
27. Something of value exchanged to form the basis of a contract.
Consideration
Personal recognizance bond
Arrest
Landmark decision
28. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
U.S. district courts
12(b)(6) motion
American Association for Paralegal Education (AAfPE) www.aafpe.org
29. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Deponent
Comparative negligence
Jurisdiction
Notice pleading
30. The failure to act reasonably under the circumstances.
Indictment
Remand
Remand
Negligence
31. A compilation of federal administrative regulations arranged by agency.
Entrapment
Retainer
Issue
Code of Federal Regulations (C.F.R.)
32. 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
Official reporter
Remand
Hypertext links
Diversity jurisdiction
33. An advance or down payment that is given to engage the services of an attorney.
Retainer
Cause of action
Registration
Dictum
34. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Pretrial conference
Nolo contendere
Subsequent case history
Issue
35. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Active Listening
Overrule
Relevancy
Voir dire
36. Being informed of some act done or about to be done.
Circumstantial evidence
Notice
Intentional tort
Concurring opinion
37. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Negligence per se
Contributory negligence
Beyond a reasonable doubt
Bench trial
38. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Contract
Negligence
Remand
Statute of limitations
39. Generally - an emergency situation that allows a search to proceed without a warrant.
Certificated
Exigent circumstances
Comparative negligence
Judicial restraint
40. A judicial philosophy that supports an active role for the judiciary in changing the law.
Active Listening
Leading questions
Annotated statutes
Judicial activism
41. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Notice pleading
Arbitration
Jurisdiction
Exclusionary rule
42. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Regulation
Disposition
Court of record
U.S. district courts
43. The party in a case who has initiated an appeal.
Appellate or petitioner
Disposition
Successive conflict of interest
Retreat exception
44. A national association of paralegal associations.
Legislative history
Pretrial motion
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Caption
45. The process of organizing statutes by subject matter.
Codification
Cross-examination
Tort law
Common law
46. A witness who has not been shown to have any special expertise.
Contract
Lay witness
Exigent circumstances
Jurisdiction
47. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Third-party claim
Summons
Subsequent case history
Rules of evidence
48. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
per curium
Issue
Legal fiction
Answer
49. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Subpoena duces tecum
Negligence
Canons of construction
Judgment proof
50. The revocation of an attorney's license.
Codification of the common law
Disbarment
Strict liability
Alternative dispute resolution (ADR)