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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 tangible object or a right or ownership interest.
Testimonial evidence
Criminal law
Reasonable suspicion
Property
2. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Criminal law
Affirm
Reverse
Complaint
3. An agreement supported by consideration.
Injunction
Issue of first impression
Lay witness
Contract
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
Contingency Fee
Landmark decision
Mens rea
5. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Dissenting opinion
Rules of criminal procedure
Booking
Leading question
6. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Plea bargaining
Caption
Double jeopardy
Primary authority
7. A method for excusing a prospective juror; no reason need be given.
Injunction
Peremptory challenge
On all fours
Judgment notwithstanding the verdict (judgment N.O.V.)
8. 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.
Necessity
Concurring opinion
Booking
Direct examination
9. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Statute
Verification
Exculpatory evidence
Miranda warnings
10. A business run by two or more persons as co-owners.
Irresistible impulse test
Minimum contacts
Partnership
Quiet enjoyment
11. The first ten amendments to the U.S. Constitution.
Appellate brief
Plain view doctrine
Jurisdiction
Bill of Rights
12. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Damages
Regulation
Evidence
13. An opinion in which a majority of the court joins.
Contingency fee
Search engine
Pretrial motion
Majority opinion
14. Cases that involve different facts and/or rules of law.
Distinguishable cases
Case reporters
Joint tenancy
Statutes at large or session laws
15. 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
Diversity jurisdiction
Complaint
Judgment notwithstanding the verdict (judgment N.O.V.)
Contingency Fee
16. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Court of record
Prior case history
Clearly erroneous
17. Monetary compensation - including compensatory - punitive - and nominal damages.
Distinguishable cases
Federalism
Exhaustion of administrative remedies
Damages
18. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Verification
Deductive reasoning
Exculpatory evidence
En banc
19. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Statutes at large or session laws
Judicial restraint
Duress
Leading questions
20. Broad questions that put few limits on the freedom of the respondent.
Guardian
Open Questions
Holding
Subsequent case history
21. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Deponent
Dissenting opinion
Appellate or petitioner
22. A court opinion that establishes new law in an important area.
Structured database
Notice
Landmark decision
Judicial activism
23. A court order requiring a person to appear to testify at a trial or deposition.
Exculpatory clause
Subpoena
Personal recognizance bond
Leading question
24. Law dealing with ownership.
Property law
Arbitration
Minor premise
Exclusive jurisdiction
25. To perform.
Appellee or respondent
Beyond a reasonable doubt
Execute
Plaintiff
26. 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
Double jeopardy
Rule 56 motion (summary judgment motion)
American Association for Paralegal Education (AAfPE) www.aafpe.org
27. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Assumption of the risk
Writ of habeas corpus
Alternative dispute resolution (ADR)
Partnership
28. A bank account used to hold money belonging to the client or to a third party.
Real Property
Lay advocate
Persuasive authority
Client trust account
29. Evidence that does not add any new information but that confirms facts that already have been established.
Nominal damages
Class action suit
Minor premise
Cumulative evidence
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.
Procedural facts
Harmless error
Verdict
Paralegal
31. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Exigent circumstances
Grand jury
Legal writing
32. Federal and state rules that govern the admissibility of evidence in court.
Intellectual Property
Cross-claim
Rules of evidence
Implied warranty of habitability
33. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bailment
Answer
En banc
Grand jury
34. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Paralegal
Slip laws
Reverse
35. 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.
Legal fiction
Count
Procedural law
Deposition
36. When only one court has the power to hear a case.
Suspension
Peremptory challenge
Guardian
Exclusive jurisdiction
37. A defense whereby the defendant offers new evidence to avoid judgment.
Overbreadth
Landmark decision
Affirmative defense
Jurisdiction
38. Generally accepted legal principles.
Statute
Testimonial evidence
Tort law
Black-letter law
39. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Statute of limitations
Pinpoint cite
Implied warranty of habitability
Reverse
40. A pamphlet inserted into the back of a book containing information new since the volume was published.
Double jeopardy
Lay witness
Documentary evidence
Pocket part
41. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Reprimand or censure
False imprisonment
Concurring opinion
Valid
42. A defense requiring proof that the defendant was not mentally responsible.
Code
Removal
False imprisonment
Insanity defense
43. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Restrictive covenant
Criminal law
Dismissal with prejudice
Strict liability
44. The party in a case against whom an appeal has been filed.
Appellee or respondent
Contributory negligence
Primary authority
Case reporters
45. A computerized database that contains the full text of documents - such as court opinions or depositions.
Contingency Fee
Shepardizing
Caption
Full-text database
46. Information about the law - such as that contained in encyclopedias and law review articles.
Cross-examination
Legal malpractice
Secondary authority
Open Questions
47. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Exigent circumstances
Constitutional law
Actus rea
Constructive eviction
48. A law enacted by a state legislature or by Congress.
Freelance Paralegal
Statute
Injunction
Cross-claim
49. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Code
Hypertext links
Subpoena
Products liability
50. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Vicarious representation
Preemption
Legal Reasoning
Plain meaning
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