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Test your basic knowledge |
Paralegal 101
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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 meeting of the attorneys and the judge prior to the beginning of the trial.
Motion for a new trial
Popular name table
Pretrial conference
Judicial review
2. The power of a court to hear a particular type of case.
Freelance Paralegal
Property
Compensatory damages
Subject matter jurisdiction
3. The highest federal appellate court - consisting of nine appointed members.
Civil law
U.S. Supreme Court
Pinpoint cite
Negligence
4. 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
Rule
Reverse
Holding
5. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
International Paralegal Management Association (IPMA) www.paralegal management.org
Dissenting opinion
Potential conflict
Plaintiff
6. Something of value exchanged to form the basis of a contract.
Slip laws
Remand
Consideration
Products liability
7. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Constructive eviction
Power of judicial review
Summary jury trials
Valid
8. The failure of an attorney to act reasonably.
Service
Bill of Rights
Legal malpractice
Legal Research
9. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Verification
Complaint
Execute
10. The educated ability to apply law to specific facts.
Reverse
Tickler System
Substantive law
Professional judgment
11. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion in limine
Minor premise
Exculpatory clause
Ejusdem generis
12. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Secondary authority
Challenge for cause
Punitive damages
Discovery
13. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Disbarment
Limited jurisdiction
Easement
14. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Booking
Contributory negligence
Products liability
15. Law that regulates how the legal system operates.
Judgment
Criminal law
Procedural law
Plain meaning
16. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Reverse
Appellate courts
Freelance Paralegal
Plea bargaining
17. A court's prior permission for the police to search and seize.
Diversity jurisdiction
Legal services offices
Warrant
Recidivist
18. The power of a court to force a person to appear before it.
Professional judgment
Codification of the common law
Personal jurisdiction
Counterclaim
19. Law that deals with harm to an individual.
Paralegal
Proximate cause
Civil law
Legal malpractice
20. The failure to act reasonably under the circumstances.
Negligence
Annotated statutes
Fact
Irresistible impulse test
21. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Insanity defense
Injunction
Comparative negligence
22. A fee calculated as a percentage of the settlement or award in the case.
Lexis
Distinguishable cases
Circumstantial evidence
Contingency Fee
23. The person who is being asked questions at a deposition.
Case reporters
Preemption
Execute
Deponent
24. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Assault
Professional Corporation (PC)
Stop and frisk
Doctrine of implied powers
25. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Digest
On all fours
Personal recognizance bond
Secondary authority
26. Representing someone who is in a position adverse to a prior client.
Issue
Successive conflict of interest
Internet
Comparative negligence
27. 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.
Persuasive authority
Statute of limitations
Judicial restraint
Personal property
28. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Plain meaning
Default judgment
Lexis
Affirm
29. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Authentication
Competency
Negligence
Codification
30. An approach whereby the courts give a statute a narrow interpretation.
Miranda warnings
Persuasive authority
Strict construction
Intellectual Property
31. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Subpoena duces tecum
Judgment notwithstanding the verdict (judgment N.O.V.)
Exculpatory evidence
Annotated statutes
32. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Trial courts
False imprisonment
Testimonial evidence
Popular name table
33. A statute establishing and setting out the powers of an administrative agency.
Client trust account
Annotated statutes
Loislaw
Enabling act
34. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Deponent
Summons
Res ipsa loquitur
35. Simultaneously representing adverse clients.
Dictum
Battery
Property law
Concurrent conflict of interest
36. A defense whereby the defendant offers new evidence to avoid judgment.
Count
Affirmative defense
Reverse
Judgment notwithstanding the verdict (judgment N.O.V.)
37. Evidence that is derived from an illegal search or interrogation is inadmissible.
Comparative negligence
Charging the jury
Void for vagueness
Fruit of the poisonous tree doctrine
38. 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.
Removal
Shepardizing
Paralegal
Federalism
39. Federal and state rules that govern the admissibility of evidence in court.
Open Questions
Rules of evidence
Damages
Reasonable suspicion
40. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Insanity defense
Inculpatory evidence
Exclusive jurisdiction
41. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Contributory negligence
Rules of criminal procedure
Subsequent case history
Judicial activism
42. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Subsequent case history
Reverse
Proximate cause
Voir dire
43. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Codification
Grand jury
Joint tenancy
44. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Contributory negligence
Constructive
Constitutional law
45. 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
Proximate cause
Preemption
Major premise
46. 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.
Procedural facts
Reverse
Prior case history
Headnote
47. 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.
Retainer agreement
Major premise
Unofficial reporter
Pleading in the alternative
48. Summary of one legal point in a court opinion; written by the editors at West.
International Paralegal Management Association (IPMA) www.paralegal management.org
Judgment
Hearsay
Headnote
49. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Harmless error
Overbreadth
Tort law
Procedural facts
50. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Practice of law
Road Map paragraph
Motion
Hourly rate
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