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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. The rule requiring that the original document be produced at trial.
Tenancy in common
Best evidence rule
Affirmative defense
Proving a case within a case
2. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Overrule
Ejusdem generis
Verification
Issue
3. A summary of one legal point in a court opinion; written by the editors at West.
Corroborative evidence
Constructive eviction
Diversity jurisdiction
Headnote
4. A national association of paralegal associations.
Execute
Exigent circumstances
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Subject matter jurisdiction
5. The revocation of an attorney's license.
Disbarment
Enabling act
Legal technician
Answer
6. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Direct evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
Relevancy
Intellectual Property
7. A tangible object or a right or ownership interest.
Property
Restatement of the Law of Torts - Second
Clearly erroneous
Judicial activism
8. Violation of a statute as proof of negligence
Products liability
Contributory negligence
Negligence per se
Judgment proof
9. An issue that the court has never faced before.
Secondary authority
Summons
Issue of first impression
Syllabus
10. 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.
Reverse
Invasion of Privacy
Exclusionary rule
Interrogatories
11. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Defendant
Statute
Legal fiction
Unauthorized practice of law
12. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Successive conflict of interest
Specific performance
Concurring opinion
13. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Mistrial
Citing case
Fact
Attorney-client privilege
14. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Agent
Legal clinic
Counterclaim
Summary jury trials
15. A court's power to hear any type of case arising within its geographical area.
Warrant
Legislative intent
General jurisdiction
Motion to require a finding of not guilty
16. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Reasonable suspicion
Principle
Miranda warnings
Testimonial evidence
17. An opinion that disagrees with the majority's decision and its reasoning.
Nolo contendere
Leading questions
Dissenting opinion
per curium
18. Used to describe legislation that changes the common law.
Harmless error
Holding
Recklessness
Derogation of the common law
19. The failure to act reasonably under the circumstances.
Void for vagueness
Real or physical evidence
Exculpatory clause
Negligence
20. 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.
Narrow Holding
Substantial capacity test
Internet
Certified
21. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Diversity jurisdiction
Assumption of the risk
Lay advocate
Court of record
22. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Judgment notwithstanding the verdict (judgment N.O.V.)
Evidence
Pocket part
Motion
23. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Criminal law
Miranda warnings
General jurisdiction
24. The modern pretrial procedure by which one party gains information from the adverse party.
Mediation
Discovery
Strict construction
Booking
25. The judge informs the jurors of the law they need to know to make their decision.
Pretrial conference
Internet
Hourly rate
Charging the jury
26. Evidence that suggests the defendant's innocence.
Statutes at large or session laws
En banc
Summons
Exculpatory evidence
27. A tort committed by one who intends to do the act that creates the harm.
Black-letter law
Intentional tort
Documentary evidence
Constructive eviction
28. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Preemption
Retainer agreement
Reverse
Guardian
29. 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.
Void for vagueness
Closed Questions
Directed verdict
Analogous cases
30. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Substantial capacity test
Charging the jury
Negligence
Reversible error
31. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Hourly rate
Evidence
Concurrent conflict of interest
Major premise
32. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Overrule
Necessity
Consideration
Evidence
33. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Complaint
Internet
Comparative negligence
34. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Digest
Statutes of limitations
American Association for Paralegal Education (AAfPE) www.aafpe.org
Confidentiality
35. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Contributory negligence
Model Rules of Professional Conduct
Lay advocate
Lay a foundation
36. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Road Map paragraph
Leading questions
Notice
Issue
37. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Harmless error
Probable cause
Leading question
38. A provision that purports to waive liability.
Indictment
Exculpatory clause
Lay witness
Pretrial motion
39. Questions relating to what happened: who - what - when - where - and how.
Judicial activism
Questions of fact
Practice of law
Proving a case within a case
40. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Legal clinic
Invasion of Privacy
Duress
Compulsory joinder
41. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Affirm
Legal technician
Holding
42. 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.
Preemption
Issue
Notice
Leading question
43. To perform.
Corroborative evidence
Reverse
Defendant
Execute
44. The power of a court to hear a particular type of case.
Civil law
Arbitration
Subject matter jurisdiction
Restrictive covenant
45. 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.
Jurisdiction
Major premise
Structured database
Remedial statute
46. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Jurisdiction
Authentication
Removal
Tenancy in common
47. Rules of conduct promulgated and enforced by the government.
Bail
Testimonial evidence
Laws
Preponderance of the evidence
48. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Exclusionary rule
Headnote
Grand jury
Products liability
49. A method for excusing a prospective juror; no reason need be given.
Issue of first impression
Tenancy in common
Peremptory challenge
per curium
50. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Lay witness
Restatement of the Law of Torts - Second
U.S. Supreme Court