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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 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.
Statutes of limitations
Overrule
Westlaw
Actual cause
2. 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.
International Paralegal Management Association (IPMA) www.paralegal management.org
Partnership
Legislative history
Caption
3. Proof that the evidence is what it is said to be.
Nolo contendere
Legal technician
Authentication
Judgment notwithstanding the verdict (judgment N.O.V.)
4. A pamphlet inserted into the back of a book containing information new since the volume was published.
Cross-claim
Pocket part
Retainer
Separation of powers
5. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Enabling act
Substantial capacity test
Prior case history
Damages
6. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Potential conflict
Compulsory joinder
Product misuse
7. The modern pretrial procedure by which one party gains information from the adverse party.
Quiet enjoyment
Discovery
Hearsay
Lay witness
8. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Reverse
Strict construction
Arraignment
Fruit of the poisonous tree doctrine
9. An advance or down payment that is given to engage the services of an attorney.
Primary authority
Subsequent case history
Retainer
Rule 56 motion (summary judgment motion)
10. A court opinion that establishes new law in an important area.
Landmark decision
Grand jury
Rules of criminal procedure
Strict liability
11. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Retainer
Clear and convincing
Tenancy in common
Unauthorized practice of law
12. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Registration
Miranda warnings
Testimonial evidence
13. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
False imprisonment
Duress
Evidence
Default judgment
14. A law enacted by a state legislature or by Congress.
Popular name table
Unofficial reporter
Statute
Registration
15. 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.
Irresistible impulse test
Compensatory damages
Statutory element
Contributory negligence
16. A national paralegal association.
Nominal damages
National Association of Legal Assistants (NALA) www.nala.org
Mediation
Notice
17. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Judicial activism
Insanity defense
Annotated statutes
18. A defense whereby the defendant offers new evidence to avoid judgment.
Hearsay
Affirmative defense
U.S. Court of Appeals
Negligence per se
19. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Dissenting opinion
Challenge for cause
Holding
20. When more than one court has jurisdiction to hear a case.
Deposition
per curium
Exhaustion of administrative remedies
Concurrent jurisdiction
21. Liability without having to prove fault.
Real property
Strict liability
Double jeopardy
Affirm
22. When an appellate court sends a case back to the trial court for a new trial or other action.
Procedural law
Substantive facts
Remand
Proving a case within a case
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.
Agent
Major premise
Deductive reasoning
Summary jury trials
24. The court's power to review statutes to decide whether they conform to the Constitution.
Broad holding
Conflict of interest
Judicial review
Summons
25. A trial conducted without a jury.
Interrogatories
Cross-examination
Subpoena duces tecum
Bench trial
26. When an appellate court overturns or negates the decision of a lower court.
Reverse
Constitutional law
Legislative history
National Association of Legal Assistants (NALA) www.nala.org
27. To perform.
Appellant or petitioner
Affirm
Materiality
Execute
28. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Full-text database
Preponderance of the evidence
Separation of powers
Products liability
29. The party in a case against whom an appeal has been filed.
Rule
Real Property
Appellee or respondent
Shepardizing
30. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Bill of Rights
Issue
Subsequent case history
Court of record
31. Courts that determine whether lower courts have made errors of law.
Judgment
Legal malpractice
Reverse
Appellate courts
32. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Proximate cause
Compulsory joinder
Potential conflict
Agent
33. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Motion to suppress
Guardian
Major premise
Registration
34. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Punitive damages
Product misuse
Diversity jurisdiction
35. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Overrule
Adverse possession
Bill of Rights
36. A statute that changes the common law.
Joint tenancy
Major premise
Plain meaning
Statute in derogation of the common law
37. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Treatment
Reverse
Jurisdiction
Affirm
38. 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.
Issue of first impression
Actual cause
Constructive eviction
U.S. Supreme Court
39. A method for excusing a prospective juror; no reason need be given.
Documentary evidence
Motion in limine
Peremptory challenge
Personal property
40. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Preemption
Writ of certiorari
Best evidence rule
Negligence
41. Questions relating to the interpretation or application of the law.
Citing case
Full-text database
Contingency fee
Questions of law
42. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Reprimand or censure
Freelance Paralegal
Principle
Assault
43. 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.
Recidivist
Motion to require a finding of not guilty
No-knock warrant
Grand jury
44. 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.
Rules of evidence
Compensatory damages
Exclusionary rule
Closed Questions
45. 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.
Probable cause
Hypertext links
Retainer agreement
Full-text searches
46. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Affirmative defense
Procedural law
Questions of law
47. Governmental publication of court opinions.
Leading question
Official reporter
Jurisdiction
Pattern jury instructions
48. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Entrapment
Professional judgment
Valid
Negligence
49. Used to describe legislation that changes the common law.
Motion to suppress
Derogation of the common law
Client trust account
Unofficial reporter
50. Federal and state rules that regulate how criminal proceedings are conducted.
Plain meaning
Rules of criminal procedure
Plain view doctrine
Arbitration
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