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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 rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Cross-claim
Constructive eviction
Exclusionary rule
Battery
2. 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.
Cumulative evidence
Alternative dispute resolution (ADR)
Retainer agreement
Paralegal
3. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Joint tenancy
12(b)(6) motion
Recidivist
Cross-examination
4. An opinion in which a majority of the court joins.
Issue
Property
Majority opinion
Deposition
5. 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.
Exigent circumstances
Real Property
Adverse possession
Bench trial
6. 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.
Exigent circumstances
Paralegal
Request for admissions
Injunction
7. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Cause of action
Subpoena
Self-defense
8. A trial court error that is not sufficient to warrant reversing the decision.
Retainer
Harmless error
Motion to require a finding of not guilty
National Federation of Paralegal Associations (NFPA) www.paralegals.org
9. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Client trust account
Remedial statute
Leading question
10. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Lay advocate
Execute
Summary jury trials
Subsequent case history
11. 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.
Assumption
Questions of law
Legal clinic
Answer
12. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Directed verdict
Judgment
Cross-claim
Administrative law
13. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Adverse possession
Legal clinic
Challenge for cause
Invasion of Privacy
14. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Codification of the common law
Answer
Pleading in the alternative
15. '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.
Pocket part
Contributory negligence
Client trust account
Res ipsa loquitur
16. A right to use property owned by another for a limited purpose.
On all fours
Persuasive authority
Appellate courts
Easement
17. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Judicial activism
Statute
Full-text database
Unofficial reporter
18. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Reprimand or censure
Defendant
Hypertext links
Statutory element
19. 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.
Freelance Paralegal
Restatement of the Law of Torts - Second
Harmless error
Appellate courts
20. 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.
On all fours
Appellate brief
Directed verdict
Bill of Rights
21. Standard used by appellate courts when reviewing a trial court's findings of fact.
Jurisdiction
Clearly erroneous
Full-text database
Notice pleading
22. An opinion that agrees with the majority's result but disagrees with the reasoning.
Analogous cases
Concurring opinion
Road Map paragraph
Battery
23. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Stare decisis
Restrictive covenant
Narrow Holding
Best evidence rule
24. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Concurrent conflict of interest
Substantial capacity test
Corroborative evidence
Deposition
25. A special type of joint tenancy applicable only to married couples.
Federalism
Tenancy by the entirety
Mandatory authority
Guardian
26. An intentional act that creates a harmful or offensive physical contact.
Arraignment
Request for admissions
Hearsay
Battery
27. 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.
Appellate brief
Best evidence rule
Appellee or respondent
Assumption of the risk
28. 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.
Cause of action
Subpoena duces tecum
En banc
Statute of limitations
29. Governmental publication of court opinions.
Corroborative evidence
Official reporter
Tort law
Exigent circumstances
30. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Prima facie case
Unofficial reporter
Dissenting opinion
Questions of fact
31. All property that is not real property.
Holding
Active Listening
Lay advocate
Personal property
32. 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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33. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Self-defense
Affirm
Mediation
Punitive damages
34. The educated ability to apply law to specific facts.
U.S. Supreme Court
Prima facie case
Contributory negligence
Professional judgment
35. The rule requiring that the original document be produced at trial.
Popular name table
Assumption
Best evidence rule
Statute of limitations
36. An issue that the court has never faced before.
Issue of first impression
American Bar Association (ABA) www.abanet.org
Legal technician
Implied warranty of habitability
37. The power of a court to hear a case.
Administrative law
Jurisdiction
Open Questions
Answer
38. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Recidivist
Motion for a new trial
Comparative negligence
Summary jury trials
39. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Affirm
Probable cause
Codification of the common law
Westlaw
40. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Appellant or petitioner
Fruit of the poisonous tree doctrine
Property
41. A public or private statement that an attorney's conduct violated the code of ethics.
Legal malpractice
Specific performance
Reversible error
Reprimand or censure
42. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Subsequent case history
Jurisdiction
Cause of action
Compulsory joinder
43. Books that contain appellate court decisions. There are both official and unofficial reporters.
Agent
Principle
Reasonable suspicion
Case reporters
44. Law that deals with harm to an individual.
Lay a foundation
Void for vagueness
Affirmative defense
Civil law
45. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Lay witness
Rule 56 motion (summary judgment motion)
Transition
46. Information that can be presented in a court of law as proof of some fact.
Clearly erroneous
Judgment notwithstanding the verdict (judgment N.O.V.)
Evidence
Exigent circumstances
47. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Charging the jury
M'Naghten test
Ejusdem generis
48. Establishes a direct link to the event that must be proven.
Assumption
Headnote
Direct evidence
Default judgment
49. The party in a lawsuit against whom an appeal has been filed.
Procedural facts
Appellee or respondent
Structured database
Concurring opinion
50. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Proving a case within a case
Motion in limine
Products liability
Reverse