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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. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Overrule
Lay advocate
Direct examination
Issue
2. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Grand jury
Testimonial evidence
Full-text searches
Road Map paragraph
3. The new legal principle established by a court opinion.
Holding
Exculpatory clause
Professional Corporation (PC)
Harmless error
4. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Billable hours
Annotated statutes
Concurring opinion
Restrictive covenant
5. A law promulgated by an administrative agency.
Punitive damages
Appellant or petitioner
Beyond a reasonable doubt
Regulation
6. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Pretrial motion
Questions of fact
Clearly erroneous
Arbitration
7. A set of standardized jury instructions.
Reverse
Mandatory authority
No-knock warrant
Pattern jury instructions
8. Courts that determine the facts and apply the law to the facts.
Trial courts
Motion
Contributory negligence
Duress
9. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legal technician
Professional judgment
Verification
Assumption of the risk
10. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Affirm
Products liability
Substantial capacity test
Judgment
11. A person who initiates an appeal.
Remedial statute
General jurisdiction
Majority opinion
Appellant or petitioner
12. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Stop and frisk
Caption
Statute of limitations
13. A person who permits or directs another person to act on the principal's behalf.
Principle
Punitive damages
Headnote
Dismissal with prejudice
14. The power of a court to force a person to appear before it.
Appellate or petitioner
Writ of execution
Caption
Personal jurisdiction
15. A request that the court prohibit the use of certain evidence at the trial.
Exigent circumstances
Verdict
Personal property
Motion to suppress
16. When more than one court has jurisdiction to hear a case.
En banc
Concurrent jurisdiction
Motion for a new trial
Contributory negligence
17. 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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18. An agreement supported by consideration.
False imprisonment
Contract
Subpoena
Dissenting opinion
19. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Unofficial reporter
Lay advocate
Personal property
Motion in limine
20. Cases that involve similar facts and rules of law.
Analogous cases
Statute
U.S. Court of Appeals
Paralegal
21. Governmental publication of court opinions.
Circumstantial evidence
Codification
Stare decisis
Official reporter
22. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Implied warranty of habitability
Actual cause
Subject matter jurisdiction
Negligence per se
23. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Exhaustion of administrative remedies
Limited liability partnership (LLP)
Court of record
Plain view doctrine
24. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Disposition
Circumstantial evidence
Invasion of Privacy
Conflict of interest
25. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Dismissal with prejudice
Assault
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Certificated
26. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Westlaw
Shepardizing
Headnote
27. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Official reporter
Full-text searches
Black-letter law
28. 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.
U.S. district courts
Restatement of the Law of Torts - Second
Actual cause
Pinpoint cite
29. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Legal clinic
Void for vagueness
Personal property
30. A compilation of federal administrative regulations arranged by agency.
Property law
Code of Federal Regulations (C.F.R.)
Default judgment
Implied warranty of habitability
31. 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.
Rules of criminal procedure
On point
Legislative intent
Stop and frisk
32. An advance or down payment that is given to engage the services of an attorney.
Road Map paragraph
Retainer
Motion
Plain meaning
33. 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.
Black-letter law
Retainer agreement
Complaint
Codification
34. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Easement
Res ipsa loquitur
Reverse
Third-party claim
35. The rules whereby all members of a law firm are treated as though they had represented the former client.
Service
Conflict of interest
Vicarious representation
Statute in derogation of the common law
36. An issue that the court has never faced before.
Judgment notwithstanding the verdict (judgment N.O.V.)
Peremptory challenge
Search engine
Issue of first impression
37. A reason for invalidating a statute where it covers both protected and criminal activity.
Professional judgment
Tenancy by the entirety
Overbreadth
Restrictive covenant
38. A request made to the court.
Motion
Partnership
Regulation
Appellate or petitioner
39. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Lay witness
Hourly rate
Agent
Judicial restraint
40. Law that deals with harm to society as a whole.
Res ipsa loquitur
Criminal law
Minimum contacts
Pleadings
41. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Intellectual Property
Necessity
Respondeat superior
Concluding paragraph
42. The tort theory that an employer can be sued for the negligent acts of its employees.
Secondary authority
Miranda warnings
Specific performance
Respondeat superior
43. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Request for admissions
Legal services offices
per curium
Legal fiction
44. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Warrant
Affirmative defense
Directed verdict
45. A document that lists statements regarding specific items for the other party to admit or deny.
Codification of the common law
Request for admissions
Class action suit
Road Map paragraph
46. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Issue
Product misuse
Materiality
Retreat exception
47. 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.
Adverse possession
Actual cause
Statutes at large or session laws
Grand jury
48. Rules of conduct promulgated and enforced by the government.
Judgment
Class action suit
Laws
Real or physical evidence
49. An intentional act that creates a harmful or offensive physical contact.
Hearsay
Directed verdict
Battery
Pinpoint cite
50. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Mandatory authority
False imprisonment
Harmless error