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Test your basic knowledge |
Paralegal 101
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Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
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study here
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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 statute establishing and setting out the powers of an administrative agency.
Subpoena duces tecum
Enabling act
Prima facie case
Comparative negligence
2. Including more than one count in a complaint; the counts do not need to be consistent.
Property law
American Association for Paralegal Education (AAfPE) www.aafpe.org
Plain view doctrine
Pleading in the alternative
3. Specific questions that usually demand very short or yes-no answers.
Popular name table
Prima facie case
Reverse
Closed Questions
4. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Conflict of interest
Quiet enjoyment
Plaintiff
5. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Valid
Statute of limitations
Bailment
Legislative intent
6. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Default judgment
Constitutional law
Statute
Reverse
7. An actual incident or condition; not a legal consequence.
Syllabus
Negligence
Contributory negligence
Fact
8. A trial court error that is not sufficient to warrant reversing the decision.
Contingency Fee
Statute
Partnership
Harmless error
9. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Statutes at large or session laws
Retainer
Subpoena duces tecum
10. A national association of paralegal managers.
Legal writing
Exclusionary rule
International Paralegal Management Association (IPMA) www.paralegal management.org
Negligence per se
11. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Irresistible impulse test
Real or physical evidence
Comparative negligence
Minimum contacts
12. All property that is not real property.
Personal property
Shepardizing
Holding
Reversible error
13. 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.
Code of Federal Regulations (C.F.R.)
Remedial statute
Persuasive authority
Personal jurisdiction
14. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Court of record
Appellee or respondent
Overrule
Exclusive jurisdiction
15. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Caption
Deductive reasoning
Minor premise
M'Naghten test
16. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Model Rules of Professional Conduct
American Bar Association (ABA) www.abanet.org
Service
Battered woman's or spouse's syndrome
17. 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.
Standing
Irresistible impulse test
Digest
Vicarious representation
18. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Paralegal
Plain view doctrine
U.S. Court of Appeals
Proving a case within a case
19. Evidence that suggests the defendant's innocence.
Mediation
Exculpatory evidence
Reverse
Arbitration
20. Money is awarded to a plaintiff in payment for his or her actual losses.
Principle
Compensatory damages
Concurring opinion
Popular name table
21. 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
Diversity jurisdiction
Potential conflict
Harmless error
Necessity
22. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Probable cause
Stop and frisk
Separation of powers
Power of judicial review
23. 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.
Judicial activism
Arraignment
Valid
Legal Reasoning
24. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Syllabus
Eminent Domain
Writ of certiorari
25. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Restrictive covenant
Pattern jury instructions
Comparative negligence
Clearly erroneous
26. The law itself - such as statutes and court opinions.
Minor premise
Primary authority
No-knock warrant
Grand jury
27. Liability without a showing of fault.
Verdict
Exclusive jurisdiction
Strict liability
Writ of certiorari
28. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Negligence per se
Retainer agreement
Structured database
Mediation
29. Voluntarily and knowingly subjecting oneself to danger.
Court of record
Motion to require a finding of not guilty
Assumption of the risk
Authentication
30. A person who initiates an appeal.
Appellant or petitioner
Separation of powers
Certified
Codification of the common law
31. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Execute
Subsequent case history
Conflict of interest
Counterclaim
32. An approach whereby the courts give a statute a broad interpretation.
Bill of Rights
Practice of law
Liberal construction
Class action suit
33. Summary of one legal point in a court opinion; written by the editors at West.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Warrant
Headnote
Contributory negligence
34. A trial court error that is not sufficient to warrant reversing the decision.
Enabling act
Headnote
Harmless error
U.S. Supreme Court
35. The process of finding the law.
Full-text searches
Affirm
Arrest
Legal Research
36. Court decisions from a higher court in the same jurisdiction.
National Association of Legal Assistants (NALA) www.nala.org
Mandatory authority
12(b)(6) motion
Agent
37. A defense requiring proof that the defendant was not mentally responsible.
12(b)(6) motion
Insanity defense
Popular name table
Lay witness
38. Evidence that suggests the defendant's guilt.
Peremptory challenge
Circumstantial evidence
Case reporters
Inculpatory evidence
39. An opinion that disagrees with the majority's decision and its reasoning.
Dissenting opinion
Rules of evidence
Verdict
Probable cause
40. A canon of construction meaning 'of the same class.:
Appellate or petitioner
Substantial capacity test
Ejusdem generis
Verification
41. Indirect evidence - used to prove facts by implication.
Statute in derogation of the common law
Probable cause
Circumstantial evidence
Exigent circumstances
42. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Concurrent jurisdiction
Contributory negligence
Legal malpractice
Negligence per se
43. A business run by two or more persons as co-owners.
Distinguishable cases
Judicial restraint
Statutes of limitations
Partnership
44. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Legal Reasoning
Lay advocate
Indictment
45. A provision that purports to waive liability.
Irresistible impulse test
Procedural law
Battery
Exculpatory clause
46. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Contributory negligence
Service
Negligence
47. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Defamation
Treatment
Cross-examination
48. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Consideration
Legal malpractice
Legal Reasoning
Lay witness
49. 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
Retreat exception
Code of Federal Regulations (C.F.R.)
Legal services offices
50. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Negligence per se
Annotated statutes
Necessity
On point
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