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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. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Product misuse
Contingency fee
Miranda warnings
Pleadings
2. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Charging the jury
Rule 56 motion (summary judgment motion)
Vicarious representation
Legal Reasoning
3. The failure of an attorney to act reasonably.
Legal malpractice
Minor premise
Trial courts
Federal question jurisdiction
4. 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.
Product misuse
Legal clinic
Attorney-client privilege
Punitive damages
5. A law promulgated by an administrative agency.
Defendant
Regulation
Writ of execution
Proximate cause
6. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Compulsory joinder
Pretrial motion
Issue
Holding
7. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Complaint
Open Questions
American Bar Association (ABA) www.abanet.org
Service
8. A claim by the defendant against the plaintiff.
Jurisdiction
Expert witness
Federal question jurisdiction
Counterclaim
9. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Lay witness
Annotated statutes
Reverse
Bailment
10. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Hourly rate
Pocket part
Rules of criminal procedure
Products liability
11. The chronological publication of statutes at the end of a legislative session.
Motion
American Association for Paralegal Education (AAfPE) www.aafpe.org
Original jurisdiction
Statutes at large or session laws
12. Bad act.
Valid
Actus rea
Federalism
Issue of first impression
13. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Client trust account
Subject matter jurisdiction
Motion to require a finding of not guilty
14. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Appellant or petitioner
Preemption
General jurisdiction
Lexis
15. A trial conducted without a jury.
Remand
Summons
Personal property
Bench trial
16. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Direct examination
M'Naghten test
Structured database
17. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Derogation of the common law
Concurring opinion
Constitutional law
Confidentiality
18. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Intentional tort
Confidentiality
Fact
19. 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.
Stop and frisk
Legal services offices
Hypertext links
Billable hours
20. Violation of a statute as proof of negligence
Negligence per se
Full-text searches
Contributory negligence
Exculpatory evidence
21. 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.
Count
Defamation
Plea bargaining
Miranda warnings
22. A term used to describe a case that is similar to another case.
Criminal law
Adverse possession
On point
Actual cause
23. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Clearly erroneous
Codification of the common law
Materiality
Concluding paragraph
24. The opinion of a jury on a question of fact.
Successive conflict of interest
Minimum contacts
Judicial review
Verdict
25. An opinion that disagrees with the majority's decision and reasoning.
Concluding paragraph
Codification
Cumulative evidence
Dissenting opinion
26. An agreement supported by consideration.
Limited jurisdiction
Strict liability
Contract
Diversity jurisdiction
27. Without the need for a warrant - the police may seize objects that are openly visible.
Certified
Expert witness
Voir dire
Plain view doctrine
28. A book that contains court opinion headnotes arranged by subject matter.
Digest
Negligence
Exhaustion of administrative remedies
Assault
29. The publication of false statements that harm a person's reputation.
Beyond a reasonable doubt
Defamation
Procedural law
Property law
30. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Liberal construction
Road Map paragraph
Holding
Tenancy in common
31. A court order requiring a person to appear to testify at a trial or deposition.
Competency
Legislative intent
Subpoena
Reasonable suspicion
32. The requirement that relief be sought from an administrative agency before proceeding to court.
Fact
Negligence
Exhaustion of administrative remedies
Contributory negligence
33. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Assumption of the risk
Hypertext links
Constructive
Defendant
34. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Authentication
Citing case
Judgment notwithstanding the verdict (judgment N.O.V.)
Separation of powers
35. When an appellate court that normally sits in panels sits as a whole.
En banc
Dictum
Directed verdict
Personal property
36. The rule requiring that the original document be produced at trial.
Affirm
Best evidence rule
Rules of evidence
Common law
37. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Statute
Verdict
Minor premise
38. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Concurring opinion
Annotated statutes
Personal recognizance bond
39. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Miranda warnings
Damages
Proximate cause
40. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Pinpoint cite
Bench trial
Westlaw
41. A suspicion based on specific facts; less than probable cause.
Direct examination
Full-text searches
Reasonable suspicion
Legislative intent
42. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Pretrial conference
Void for vagueness
Default judgment
Appellate brief
43. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Questions of fact
Remand
Holding
44. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Pocket part
Separation of powers
Minimum contacts
Stare decisis
45. Law that creates rights and duties.
Client trust account
Entrapment
Respondeat superior
Substantive law
46. An approach whereby the courts give a statute a broad interpretation.
Plain meaning
Liberal construction
Peremptory challenge
Federalism
47. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Code of Federal Regulations (C.F.R.)
Irresistible impulse test
Deductive reasoning
U.S. district courts
48. A request made to the court.
Cumulative evidence
Motion
Potential conflict
Judicial restraint
49. A set charge for a specific service - such as drafting a simple will.
Retainer
Criminal law
Rule 56 motion (summary judgment motion)
Fixed Fee
50. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Affirmative defense
Appellee or respondent
Quiet enjoyment
Rules of criminal procedure