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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 person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Administrative law
Real Property
Dismissal with prejudice
Guardian
2. An opinion that disagrees with the majority's decision and its reasoning.
Substantive law
Consideration
Dissenting opinion
Mediation
3. Evidence that suggests the defendant's innocence.
Closed Questions
No-knock warrant
Respondeat superior
Exculpatory evidence
4. A person who initiates an appeal.
Probable cause
Clearly erroneous
Duress
Appellant or petitioner
5. A request made to the court.
Restatement of the Law of Torts - Second
Constitutional law
Reverse
Motion
6. 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.
Double jeopardy
Retainer agreement
Personal jurisdiction
Nominal damages
7. The rules whereby all members of a law firm are treated as though they had represented the former client.
Duress
Professional Corporation (PC)
Exculpatory evidence
Vicarious representation
8. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Restatement of the Law of Torts - Second
Evidence
Persuasive authority
Full-text database
9. A statute establishing and setting out the powers of an administrative agency.
Removal
Dissenting opinion
Tenancy in common
Enabling act
10. A determination that an attorney may not practice law for a set period of time.
Writ of execution
Suspension
Canons of construction
Persuasive authority
11. The power of a court to hear a particular type of case.
Broad holding
Minimum contacts
Subject matter jurisdiction
Notice
12. Also known as real estate; land and items growing on or permanently attached to that land.
Writ of execution
Affirm
Real Property
Competency
13. 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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14. An intentional act that creates a harmful or offensive physical contact.
Judicial restraint
Battery
Directed verdict
Best evidence rule
15. The transfer of a case from one state court to a federal court.
Suspension
Removal
Assumption of the risk
Products liability
16. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Court of record
Model Rules of Professional Conduct
Personal property
17. A reason for invalidating a statute where it covers both protected and criminal activity.
Procedural law
Certificated
Legislative intent
Overbreadth
18. 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.
Contingency fee
Freelance Paralegal
Lay advocate
Persuasive authority
19. In a case brief - the rule of law applied to the case's specific facts.
Reverse
Motion
Joint tenancy
Issue
20. An agreement supported by consideration.
Contract
Equity
Fixed Fee
Defamation
21. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Inculpatory evidence
Easement
Caption
22. When only one court has the power to hear a case.
Certified
Substantial capacity test
Summons
Exclusive jurisdiction
23. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Bench trial
Implied warranty of habitability
False imprisonment
Pleading in the alternative
24. A national paralegal association.
Concurrent jurisdiction
Compulsory joinder
Issue of first impression
National Association of Legal Assistants (NALA) www.nala.org
25. A constitutional protection against being tried twice for the same crime.
Citing case
Actual cause
Cause of action
Double jeopardy
26. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Substantive facts
Shepardizing
Administrative law
Pattern jury instructions
27. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Subpoena
Duress
Answer
Mediation
28. Money is awarded to a plaintiff in payment for his or her actual losses.
Official reporter
Hypertext links
Compensatory damages
Assumption of the risk
29. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Standing
Dissenting opinion
Retainer agreement
Adverse possession
30. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Writ of execution
Personal property
Request for admissions
31. A token sum awarded when liability has been found but monetary damages cannot be shown.
Slip laws
Disposition
Nominal damages
Overrule
32. The opinion of a jury on a question of fact.
Verdict
Pretrial motion
Easement
Clearly erroneous
33. 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
Joint tenancy
Equity
Invasion of Privacy
Holding
34. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Default judgment
Mediation
Judgment
Actual cause
35. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Treatment
Subject matter jurisdiction
Exigent circumstances
Common law
36. The general jurisdiction trial courts in the federal system.
U.S. district courts
Prior case history
Strict construction
Potential conflict
37. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Personal property
Questions of fact
En banc
Confidentiality
38. Bad intent.
Original jurisdiction
Mens rea
Digest
Interrogatories
39. Voluntarily and knowingly subjecting oneself to danger.
Derogation of the common law
Federalism
Assumption of the risk
Legal writing
40. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Answer
Standing
Statutes of limitations
41. An issue that the court has never faced before.
Structured database
Rules of evidence
Issue of first impression
Limited jurisdiction
42. 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.
Persuasive authority
Exclusionary rule
Hypertext links
Actual cause
43. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Fact
Prima facie case
Challenge for cause
44. A computerized database that contains the full text of documents - such as court opinions or depositions.
Arrest
Competency
Narrow Holding
Full-text database
45. A set charge for a specific service - such as drafting a simple will.
Pattern jury instructions
Comparative negligence
Arbitration
Fixed Fee
46. Monetary compensation - including compensatory - punitive - and nominal damages.
Direct examination
Deductive reasoning
Constitutional law
Damages
47. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Concurrent jurisdiction
Professional judgment
Ethical wall or screen or cone of silence
Power of judicial review
48. The power of a court to hear a case.
Jurisdiction
Freelance Paralegal
Summons
Structured database
49. When more than one court has jurisdiction to hear a case.
Request for admissions
Bill of Rights
Concurrent jurisdiction
Guardian
50. A method for excusing a prospective juror; no reason need be given.
Diversity jurisdiction
Class action suit
Peremptory challenge
Restatement of the Law of Torts - Second