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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 national association of paralegal associations.
Headnote
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Assault
Battered woman's or spouse's syndrome
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.
Entrapment
Code of Federal Regulations (C.F.R.)
Pocket part
Retainer agreement
3. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Battered woman's or spouse's syndrome
Constructive eviction
Legal fiction
Bailment
4. 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.
Leading questions
Appellee or respondent
Prior case history
Comparative negligence
5. 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
Legislative history
Substantial capacity test
Count
6. 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.
Exclusionary rule
Hearsay
Voir dire
Battered woman's or spouse's syndrome
7. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Leading questions
Unofficial reporter
Double jeopardy
8. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Case citation
Property law
Contributory negligence
9. '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.
Res ipsa loquitur
Common law
Deponent
Active Listening
10. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Issue of first impression
Defendant
12(b)(6) motion
Constitutional law
11. A determination that an attorney may not practice law for a set period of time.
Agent
Suspension
Federalism
Case citation
12. Law dealing with ownership.
Primary authority
M'Naghten test
Judicial review
Property law
13. Information about the law - such as that contained in encyclopedias and law review articles.
Lexis
Retainer agreement
Legal technician
Secondary authority
14. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Appellate courts
Administrative law
Compensatory damages
Reverse
15. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Appellee or respondent
Mens rea
Nolo contendere
En banc
16. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Power of judicial review
Active Listening
U.S. Court of Appeals
17. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Invasion of Privacy
Property
Internet
18. Federal and state rules that regulate how criminal proceedings are conducted.
Ejusdem generis
Preemption
Rules of criminal procedure
Professional Corporation (PC)
19. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Unofficial reporter
Westlaw
Harmless error
Answer
20. A special type of joint tenancy applicable only to married couples.
Tenancy by the entirety
Diversity jurisdiction
American Bar Association (ABA) www.abanet.org
Count
21. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Distinguishable cases
Limited jurisdiction
National Association of Legal Assistants (NALA) www.nala.org
22. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Count
Reprimand or censure
Guardian
Entrapment
23. When only one court has the power to hear a case.
Exclusive jurisdiction
Grand jury
Count
Digest
24. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Transition
Inculpatory evidence
Deponent
Pattern jury instructions
25. Voluntarily and knowingly subjecting oneself to danger.
Stop and frisk
Assumption of the risk
Narrow Holding
Primary authority
26. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Substantial capacity test
Clear and convincing
Compensatory damages
27. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Strict liability
Deductive reasoning
Competency
Assumption of the risk
28. The questioning of an opposing witness.
Charging the jury
Affirm
Harmless error
Cross-examination
29. When the defendant does not have sufficient money or other assets to pay the judgment.
Retreat exception
Judgment proof
M'Naghten test
Broad holding
30. 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.
U.S. Court of Appeals
Guardian
Rules of evidence
Counterclaim
31. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Legislative intent
Model Rules of Professional Conduct
Summary jury trials
Minimum contacts
32. The power of the federal courts to hear matters of federal law.
Treatment
Motion for a new trial
Federal question jurisdiction
Real Property
33. A summary of a court opinion that appears at the beginning of the case.
Complaint
Syllabus
Court of record
Charging the jury
34. Bad act.
Overrule
Actus rea
Restrictive covenant
Majority opinion
35. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Preponderance of the evidence
Stare decisis
Rule 56 motion (summary judgment motion)
Analogous cases
36. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Concurring opinion
Judicial notice
Service
Legal Reasoning
37. A computerized database that contains key information about the content of documents - such as medical records.
Indictment
American Bar Association (ABA) www.abanet.org
Subsequent case history
Structured database
38. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Stop and frisk
Clear and convincing
National Federation of Paralegal Associations (NFPA) www.paralegals.org
39. The rule that in order to claim self-defense there must have been no possibility of retreat.
Entrapment
Retreat exception
Constructive
Narrow Holding
40. The questioning of your own witness.
Compensatory damages
Limited liability partnership (LLP)
Direct examination
Pretrial motion
41. An intentional act that creates a harmful or offensive physical contact.
Battery
Pattern jury instructions
Legal writing
Third-party claim
42. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Legal writing
Reverse
Transition
43. A statute that changes the common law.
Statute in derogation of the common law
Concurring opinion
Rules of evidence
Negligence
44. A defense whereby the defendant offers new evidence to avoid judgment.
Personal recognizance bond
Charging the jury
Affirmative defense
Successive conflict of interest
45. An opinion that disagrees with the majority's decision and its reasoning.
Notice
Appellee or respondent
Judgment proof
Dissenting opinion
46. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Deponent
Original jurisdiction
Probable cause
Legal malpractice
47. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Judgment notwithstanding the verdict (judgment N.O.V.)
Concluding paragraph
Holding
No-knock warrant
48. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Appellee or respondent
Concurring opinion
Assault
Motion to suppress
49. 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.
En banc
Irresistible impulse test
Personal recognizance bond
National Association of Legal Assistants (NALA) www.nala.org
50. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Verification
Questions of law
Internet
Professional Corporation (PC)