SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Principle
Billable hours
Certified
Disposition
2. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Booking
Reverse
Model Rules of Professional Conduct
Duress
3. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Legislative intent
Legislative history
Closed Questions
Judicial notice
4. A national organization of paralegal programs that promotes high standards for paralegal education.
Lay witness
American Association for Paralegal Education (AAfPE) www.aafpe.org
Code of Federal Regulations (C.F.R.)
Dismissal with prejudice
5. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Reasonable suspicion
Lay advocate
Retainer agreement
6. A provision that purports to waive liability.
Exculpatory clause
Overrule
Quiet enjoyment
Property
7. A national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Certified
Restrictive covenant
Guardian
8. An opinion that disagrees with the majority's decision and its reasoning.
Alternative dispute resolution (ADR)
Proximate cause
Dissenting opinion
Civil law
9. The power of the federal courts to hear matters of federal law.
Case citation
Constitutional law
Notice
Federal question jurisdiction
10. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Pattern jury instructions
Jurisdiction
Negligence
11. A witness who has not been shown to have any special expertise.
Procedural law
Issue
Full-text searches
Lay witness
12. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Bill of Rights
Model Rules of Professional Conduct
Paralegal
Exculpatory evidence
13. The first ten amendments to the U.S. Constitution.
Statutory element
Bill of Rights
Statutes of limitations
Overbreadth
14. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Compulsory joinder
Citation
Clearly erroneous
Assault
15. A defendant's personal promise to appear in court.
Personal recognizance bond
On all fours
Writ of habeas corpus
Defendant
16. A summary of a court opinion that appears at the beginning of the case.
Defendant
Defamation
Class action suit
Syllabus
17. The highest federal appellate court - consisting of nine appointed members.
Procedural law
Eminent Domain
Bill of Rights
U.S. Supreme Court
18. A trial conducted without a jury.
Bench trial
Writ of certiorari
Vicarious representation
Constructive
19. Governmental publication of court opinions.
Official reporter
Negligence per se
Model Rules of Professional Conduct
Unauthorized practice of law
20. Someone who has the power to act in the place of another.
Legal Research
Civil law
Prior case history
Agent
21. The person who is being asked questions at a deposition.
Deponent
Compulsory joinder
Evidence
Potential conflict
22. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Leading questions
Questions of fact
Testimonial evidence
Preemption
23. Bad act.
Best evidence rule
Actus rea
Broad holding
Cause of action
24. A set charge for a specific service - such as drafting a simple will.
Statutory element
Fixed Fee
Harmless error
Concurrent conflict of interest
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.
Remand
Closed Questions
Shepardizing
Bill of Rights
26. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Personal property
Digest
Road Map paragraph
27. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Strict liability
Legal clinic
Secondary authority
Successive conflict of interest
28. Occurs when the police restrain a person's freedom and charge the person with a crime.
Annotated statutes
Arrest
Subsequent case history
Relevancy
29. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Overrule
Respondeat superior
Contributory negligence
30. 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
Equity
Interrogatories
U.S. Supreme Court
Easement
31. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Self-defense
Pinpoint cite
Stare decisis
Plea bargaining
32. 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.
Stare decisis
Implied warranty of habitability
Case citation
Concurring opinion
33. A bank account used to hold money belonging to the client or to a third party.
En banc
Client trust account
Plea bargaining
Conflict of interest
34. The chronological publication of statutes at the end of a legislative session.
Prior case history
Statutes at large or session laws
Probable cause
Major premise
35. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Treatment
Legislative intent
Pretrial motion
Arraignment
36. 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.
Procedural law
American Bar Association (ABA) www.abanet.org
Case citation
Exclusionary rule
37. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
Bench trial
Product misuse
Real Property
38. A separable part of a statute that must be satisfied for the statute to apply.
Subject matter jurisdiction
Official reporter
Real property
Statutory element
39. The failure to act reasonably under the circumstances.
Negligence
Joint tenancy
12(b)(6) motion
En banc
40. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Evidence
Digest
Potential conflict
Transition
41. The questioning of an opposing witness.
U.S. district courts
Cross-examination
Real property
Circumstantial evidence
42. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Minimum contacts
Leading question
Road Map paragraph
Appellate or petitioner
43. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Original jurisdiction
Code of Federal Regulations (C.F.R.)
Code
Caption
44. An opinion that disagrees with the majority's decision and reasoning.
Implied warranty of habitability
Concluding paragraph
Dissenting opinion
Rule
45. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Battered woman's or spouse's syndrome
Subpoena
Arraignment
46. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Unauthorized practice of law
Dissenting opinion
Valid
Affirm
47. A calendering system that records key dates and important deadlines.
Entrapment
Easement
Tickler System
Competency
48. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
False imprisonment
Hourly rate
Structured database
Subsequent case history
49. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Standing
Billable hours
Attorney-client privilege
50. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Model Rules of Professional Conduct
Personal property
Laws