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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. Proof that the evidence is what it is said to be.
Distinguishable cases
Substantive facts
Tickler System
Authentication
2. An agreement supported by consideration.
Court of record
Case reporters
Plain meaning
Contract
3. Law that regulates how the legal system operates.
Mistrial
Case citation
Procedural law
Issue of first impression
4. Used to describe legislation that changes the common law.
Remand
Derogation of the common law
Structured database
Negligence
5. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Writ of execution
Deductive reasoning
Testimonial evidence
Bench trial
6. An opinion that disagrees with the majority's decision and its reasoning.
Bill of Rights
Assumption
Fixed Fee
Dissenting opinion
7. 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.
National Association of Legal Assistants (NALA) www.nala.org
Restrictive covenant
Concurring opinion
Grand jury
8. A national organization of paralegal programs that promotes high standards for paralegal education.
Civil law
Enabling act
Issue
American Association for Paralegal Education (AAfPE) www.aafpe.org
9. A tangible object or a right or ownership interest.
Property
Real property
Directed verdict
Principle
10. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Power of judicial review
Hypertext links
Battered woman's or spouse's syndrome
Compensatory damages
11. Questions relating to the interpretation or application of the law.
Affirm
Criminal law
Mediation
Questions of law
12. Representing someone who is in a position adverse to a prior client.
Derogation of the common law
Authentication
Successive conflict of interest
Recklessness
13. 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.
Complaint
Res ipsa loquitur
Assault
per curium
14. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Directed verdict
Canons of construction
Summary jury trials
Registration
15. A national voluntary organization of lawyers.
Competency
American Bar Association (ABA) www.abanet.org
Bench trial
Plea bargaining
16. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Appellee or respondent
Mediation
Legal Reasoning
Major premise
17. The party in a case who has initiated an appeal.
Appellate or petitioner
Documentary evidence
Preemption
Mens rea
18. A pamphlet inserted into the back of a book containing information new since the volume was published.
Duress
American Bar Association (ABA) www.abanet.org
Hypertext links
Pocket part
19. The purpose of the legislature at the time it enacted the statute.
Legal Research
Liberal construction
Legislative intent
Overbreadth
20. 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.
Res ipsa loquitur
Contributory negligence
Arraignment
Pleading in the alternative
21. In a case brief - facts that deal with what happened to the parties before the litigation began.
Probable cause
Statute
Mandatory authority
Substantive facts
22. An advance or down payment that is given to engage the services of an attorney.
Primary authority
Substantive facts
Model Rules of Professional Conduct
Retainer
23. A computerized database that contains key information about the content of documents - such as medical records.
Grand jury
Irresistible impulse test
Structured database
Counterclaim
24. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Clearly erroneous
Restrictive covenant
Equity
25. 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.
Compulsory joinder
Minimum contacts
Necessity
Shepardizing
26. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Assumption of the risk
Charging the jury
Reverse
Persuasive authority
27. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Comparative negligence
Tickler System
Valid
Motion
28. The publication of false statements that harm a person's reputation.
Strict construction
Defamation
Consideration
Pinpoint cite
29. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Unofficial reporter
Issue
No-knock warrant
Proving a case within a case
30. A set of standardized jury instructions.
Pattern jury instructions
Counterclaim
Loislaw
Bail
31. The power of a court to force a person to appear before it.
Successive conflict of interest
Personal jurisdiction
Equity
Assumption of the risk
32. Evidence that supports previous testimony but that comes in a different form.
Recklessness
Exculpatory evidence
Legislative history
Corroborative evidence
33. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Adverse possession
Concurrent conflict of interest
Certified
34. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Count
Direct evidence
Appellee or respondent
Class action suit
35. Including more than one count in a complaint; the counts do not need to be consistent.
Power of judicial review
Registration
Pleading in the alternative
Double jeopardy
36. A request that the court release the defendant because of the illegality of the incarceration.
Notice pleading
Writ of habeas corpus
Minimum contacts
Prima facie case
37. The questioning of your own witness.
Direct examination
Real property
Lay a foundation
Limited jurisdiction
38. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Overbreadth
Legal Reasoning
Power of judicial review
Substantive law
39. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Search engine
Affirmative defense
Tenancy in common
40. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Constructive eviction
Hearsay
Harmless error
Compensatory damages
41. The power of a court to hear a case.
Conflict of interest
U.S. district courts
Substantial capacity test
Jurisdiction
42. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Black-letter law
Entrapment
Mediation
Rules of evidence
43. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
No-knock warrant
Affirm
Verdict
Treatment
44. A defense whereby the defendant offers new evidence to avoid judgment.
Certified
Retainer agreement
Questions of law
Affirmative defense
45. Being informed of some act done or about to be done.
Landmark decision
Notice
Black-letter law
Potential conflict
46. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Freelance Paralegal
Remedial statute
Leading questions
47. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Easement
Defendant
Property law
Successive conflict of interest
48. A case listed in Shepard's that cites your case.
Treatment
Citing case
Cumulative evidence
Unofficial reporter
49. A statement in a judicial opinion not necessary for the decision of the case.
Landmark decision
Confidentiality
Alternative dispute resolution (ADR)
Dictum
50. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Recidivist
Case reporters
Intentional tort
Full-text searches