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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. A tort committed by one who intends to do the act that creates the harm.
Hearsay
Plain meaning
Holding
Intentional tort
2. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Rules of evidence
Leading question
Guardian
3. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Product misuse
Challenge for cause
Hearsay
Lay advocate
4. All property that is not real property.
Dissenting opinion
Personal property
Competency
Secondary authority
5. Proof that the evidence is what it is said to be.
Recklessness
Personal recognizance bond
Authentication
Reverse
6. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Recidivist
Enabling act
Concurrent conflict of interest
Professional Corporation (PC)
7. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Certified
Negligence
Lexis
Corroborative evidence
8. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Entrapment
Best evidence rule
Attorney-client privilege
9. When an appellate court sends a case back to the trial court for a new trial or other action.
Motion to require a finding of not guilty
Remand
Laws
Entrapment
10. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Defamation
General jurisdiction
Procedural facts
Mediation
11. 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.
Pleading in the alternative
Judicial activism
Shepardizing
Entrapment
12. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Preemption
Consideration
Hearsay
Recklessness
13. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Compulsory joinder
Official reporter
Restatement of the Law of Torts - Second
Legal writing
14. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Plea bargaining
Citation
Respondeat superior
Consideration
15. 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.
Structured database
Arbitration
Federalism
Prior case history
16. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Bench trial
Injunction
Contributory negligence
Assault
17. An opinion in which a majority of the court joins.
Inculpatory evidence
Professional judgment
Majority opinion
Professional Corporation (PC)
18. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Evidence
Legal Research
Contributory negligence
Bench trial
19. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Procedural facts
Cumulative evidence
Pinpoint cite
20. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Statutes of limitations
Professional Corporation (PC)
Prima facie case
Pattern jury instructions
21. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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22. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Appellee or respondent
Arraignment
Punitive damages
Affirm
23. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Major premise
Retreat exception
Narrow Holding
Cumulative evidence
24. A person who permits or directs another person to act on the principal's behalf.
Principle
Restrictive covenant
Treatment
Judgment notwithstanding the verdict (judgment N.O.V.)
25. Someone who has the power to act in the place of another.
Agent
Judgment
Pattern jury instructions
Tenancy by the entirety
26. Simultaneously representing adverse clients.
Concurrent conflict of interest
Tort law
Federalism
Partnership
27. 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.
Holding
Beyond a reasonable doubt
Irresistible impulse test
Valid
28. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Charging the jury
Strict liability
Confidentiality
Judgment
29. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Case reporters
Major premise
Professional Corporation (PC)
30. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Defendant
Writ of execution
Competency
Paralegal
31. Courts that determine whether lower courts have made errors of law.
Legal technician
Cause of action
Appellate courts
Lay advocate
32. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Civil law
Authentication
Product misuse
Proving a case within a case
33. The party in a lawsuit against whom an appeal has been filed.
Testimonial evidence
Documentary evidence
Strict construction
Appellee or respondent
34. 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
American Bar Association (ABA) www.abanet.org
Prior case history
Issue of first impression
35. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Booking
Disposition
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Appellee or respondent
36. Generally - an emergency situation that allows a search to proceed without a warrant.
Challenge for cause
Recidivist
Issue of first impression
Exigent circumstances
37. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Compensatory damages
Broad holding
Judicial review
Standing
38. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Paralegal
Hourly rate
Res ipsa loquitur
Best evidence rule
39. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Negligence
Issue
Potential conflict
Defendant
40. Questions that suggest the answer.
U.S. district courts
Leading questions
Adverse possession
Case citation
41. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Directed verdict
Codification
Judicial restraint
Civil law
42. 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.
Punitive damages
Hearsay
Major premise
Popular name table
43. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Preemption
Legal services offices
Legal technician
Cross-claim
44. Law that deals with harm to society as a whole.
Exclusionary rule
Void for vagueness
Laws
Criminal law
45. A witness who has not been shown to have any special expertise.
Majority opinion
Judicial activism
Lay advocate
Lay witness
46. A business run by two or more persons as co-owners.
Third-party claim
Unofficial reporter
Strict construction
Partnership
47. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Easement
Legal writing
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Diversity jurisdiction
48. A compilation of federal administrative regulations arranged by agency.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Federalism
Full-text database
Code of Federal Regulations (C.F.R.)
49. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Rule
Ejusdem generis
Administrative law
Leading question
50. Bad intent.
Rules of criminal procedure
Mens rea
Eminent Domain
Assumption of the risk