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Test your basic knowledge |
Paralegal 101
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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. Without the need for a warrant - the police may seize objects that are openly visible.
Strict construction
Procedural law
Plain view doctrine
Unofficial reporter
2. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Successive conflict of interest
U.S. Supreme Court
Motion
3. Liability without having to prove fault.
Strict liability
Internet
Adverse possession
Assumption of the risk
4. A canon of construction meaning 'of the same class.:
Ejusdem generis
Subpoena
Reasonable suspicion
Compulsory joinder
5. A national paralegal association.
Pattern jury instructions
Agent
Assumption
National Association of Legal Assistants (NALA) www.nala.org
6. A requirement that a party fulfill his or her contractual obligations.
Materiality
Recklessness
Derogation of the common law
Specific performance
7. A form in which statutes are published; they are printed individually at the time they are first enacted.
Double jeopardy
Slip laws
Full-text searches
Affirm
8. Evidence that supports previous testimony but that comes in a different form.
False imprisonment
Lay witness
Corroborative evidence
Legislative intent
9. A defense whereby the defendant offers new evidence to avoid judgment.
Full-text database
Affirmative defense
Prior case history
Broad holding
10. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Legal technician
Primary authority
Voir dire
Complaint
11. A special type of joint tenancy applicable only to married couples.
Analogous cases
Voir dire
Tenancy by the entirety
Doctrine of implied powers
12. Establishes a direct link to the event that must be proven.
Direct evidence
Civil law
Legal technician
Deductive reasoning
13. 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.
Certified
Fixed Fee
Statutes at large or session laws
Persuasive authority
14. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Code of Federal Regulations (C.F.R.)
Constructive eviction
Citation
Popular name table
15. A set charge for a specific service - such as drafting a simple will.
Principle
Disposition
Analogous cases
Fixed Fee
16. The party in a lawsuit against whom an appeal has been filed.
Direct examination
Appellee or respondent
Strict liability
Default judgment
17. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Open Questions
Headnote
Exculpatory evidence
18. A claim by the defendant against the plaintiff.
Proximate cause
Counterclaim
Legal fiction
Retainer
19. 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.
Removal
Limited jurisdiction
Writ of execution
per curium
20. A provision that purports to waive liability.
Exculpatory clause
Subject matter jurisdiction
Harmless error
Booking
21. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Attorney-client privilege
Pleading in the alternative
Valid
Judgment notwithstanding the verdict (judgment N.O.V.)
22. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Restrictive covenant
Power of judicial review
Concurrent jurisdiction
Legal Research
23. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Bench trial
Compulsory joinder
Statute of limitations
Appellant or petitioner
24. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Legal clinic
Subsequent case history
Challenge for cause
25. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Contributory negligence
Motion in limine
Freelance Paralegal
26. The first ten amendments to the U.S. Constitution.
Pinpoint cite
Lay witness
Criminal law
Bill of Rights
27. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Intellectual Property
Assumption of the risk
Legal Reasoning
per curium
28. The status of having received a certificate documenting that the person has successfully completed an educational program.
Affirm
Certificated
12(b)(6) motion
Legal malpractice
29. 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.
Proximate cause
Guardian
Reverse
Preponderance of the evidence
30. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Arraignment
Consideration
Void for vagueness
Judgment
31. Disregarding a substantial and unjustifiable risk that harm will result.
On all fours
Tort law
Recklessness
Affirm
32. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Canons of construction
Motion for a new trial
Model Rules of Professional Conduct
33. 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.
Assumption
Stare decisis
Prior case history
Common law
34. Questions relating to the interpretation or application of the law.
Judicial review
U.S. Court of Appeals
Summary jury trials
Questions of law
35. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Necessity
Judicial notice
Motion to suppress
36. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Exclusive jurisdiction
Statutory element
Statute of limitations
Case citation
37. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Dissenting opinion
Mistrial
Plain view doctrine
38. A suspicion based on specific facts; less than probable cause.
Authentication
Reasonable suspicion
Annotated statutes
Motion
39. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Code
Practice of law
Substantive law
Plaintiff
40. Law that regulates how the legal system operates.
Procedural law
Cross-examination
Judicial restraint
On point
41. Occurs when the police restrain a person's freedom and charge the person with a crime.
Products liability
Professional judgment
Arrest
Circumstantial evidence
42. In a complaint - one cause of action.
Federal question jurisdiction
Count
Case reporters
Best evidence rule
43. An advance or down payment that is given to engage the services of an attorney.
Retainer
Syllabus
Actus rea
Legal Reasoning
44. The law itself - such as statutes and court opinions.
Deductive reasoning
Treatment
Primary authority
Summons
45. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Proximate cause
U.S. Supreme Court
Negligence
Internet
46. Being informed of some act done or about to be done.
Notice
Freelance Paralegal
Implied warranty of habitability
Authentication
47. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Secondary authority
Contingency fee
American Bar Association (ABA) www.abanet.org
Intellectual Property
48. The failure of an attorney to act reasonably.
Transition
Legal malpractice
Products liability
Fact
49. The process of legislative enactment of areas of the law previously governed solely by the common law.
Arraignment
Tickler System
Legislative intent
Codification of the common law
50. A summary of one legal point in a court opinion; written by the editors at West.
Plaintiff
Headnote
Concurrent conflict of interest
Federalism
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