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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 court's power to hear only specialized cases.
Assumption
Limited jurisdiction
Civil law
Class action suit
2. The tort theory that an employer can be sued for the negligent acts of its employees.
Issue of first impression
Road Map paragraph
Pleadings
Respondeat superior
3. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Case citation
Bill of Rights
Appellate or petitioner
Comparative negligence
4. A witness who possesses skill and knowledge beyond that of the average person.
Interrogatories
Regulation
Defamation
Expert witness
5. Specific questions that usually demand very short or yes-no answers.
Internet
Irresistible impulse test
Closed Questions
Complaint
6. Voluntarily and knowingly subjecting oneself to danger.
Legal Reasoning
Miranda warnings
Assumption of the risk
Annotated statutes
7. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Prima facie case
Treatment
Deponent
8. 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.
Legal clinic
Closed Questions
Intentional tort
Enabling act
9. The party in a case who has initiated an appeal.
Overrule
Joint tenancy
Appellate or petitioner
National Association of Legal Assistants (NALA) www.nala.org
10. The requirement that relief be sought from an administrative agency before proceeding to court.
Hearsay
Exhaustion of administrative remedies
Contributory negligence
Arbitration
11. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Self-defense
Attorney-client privilege
Entrapment
Consideration
12. A fee calculated as a percentage of the settlement or award in the case.
Corroborative evidence
Concurring opinion
Beyond a reasonable doubt
Contingency Fee
13. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Compulsory joinder
American Bar Association (ABA) www.abanet.org
Product misuse
Pleadings
14. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Motion
Battered woman's or spouse's syndrome
Dictum
15. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Statute in derogation of the common law
Product misuse
Self-defense
16. An actual incident or condition; not a legal consequence.
Mediation
Fact
Relevancy
Personal property
17. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Bill of Rights
Remand
Limited liability partnership (LLP)
Legal technician
18. Rules and regulations created by administrative agencies.
Duress
Assumption
Administrative law
Citing case
19. A tangible object or a right or ownership interest.
Property
Inculpatory evidence
Distinguishable cases
Westlaw
20. 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.
Request for admissions
Slip laws
Partnership
Hourly rate
21. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Plain view doctrine
Notice pleading
Doctrine of implied powers
Minor premise
22. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
12(b)(6) motion
Constitutional law
Arraignment
Holding
23. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Exculpatory evidence
Personal jurisdiction
Professional Corporation (PC)
Attorney-client privilege
24. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Cross-examination
Power of judicial review
Plea bargaining
Hearsay
25. A person who initiates a lawsuit.
Pinpoint cite
Retainer
Plaintiff
Personal recognizance bond
26. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Adverse possession
Cause of action
Cross-examination
Exclusive jurisdiction
27. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Open Questions
Actus rea
Stop and frisk
Limited liability partnership (LLP)
28. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Cumulative evidence
Voir dire
Stop and frisk
Leading question
29. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Stop and frisk
Legal Reasoning
Challenge for cause
Deductive reasoning
30. A term used to describe a case that is similar to another case.
Questions of fact
Standing
On point
Recklessness
31. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Adverse possession
Irresistible impulse test
Code
Dismissal with prejudice
32. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Implied warranty of habitability
Remedial statute
Relevancy
Best evidence rule
33. A token sum awarded when liability has been found but monetary damages cannot be shown.
Cross-claim
Subsequent case history
Injunction
Nominal damages
34. A court's power to hear any type of case arising within its geographical area.
Pocket part
Federalism
Personal jurisdiction
General jurisdiction
35. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Clear and convincing
Lay a foundation
Westlaw
Full-text database
36. A defense whereby the defendant offers new evidence to avoid judgment.
Personal jurisdiction
Legislative intent
Res ipsa loquitur
Affirmative defense
37. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Rules of evidence
Federalism
Notice
Proximate cause
38. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
General jurisdiction
Battered woman's or spouse's syndrome
International Paralegal Management Association (IPMA) www.paralegal management.org
39. Establishes a direct link to the event that must be proven.
Direct evidence
Fixed Fee
Broad holding
Default judgment
40. The pretrial oral questioning of a witness under oath.
Summons
Evidence
Deposition
Loislaw
41. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Consideration
Active Listening
On all fours
Ejusdem generis
42. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Pretrial motion
Battery
Case citation
General jurisdiction
43. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Negligence
Hourly rate
Statutes of limitations
Reverse
44. A reason for invalidating a statute where it covers both protected and criminal activity.
Partnership
Entrapment
Overbreadth
Contingency fee
45. A method for excusing a prospective juror; no reason need be given.
Double jeopardy
Peremptory challenge
Legal Research
Affirmative defense
46. To perform.
Execute
Transition
Partnership
Majority opinion
47. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Judgment proof
Writ of certiorari
Reversible error
Pinpoint cite
48. The reference to a particular page within an opinion.
Reverse
Agent
Appellee or respondent
Pinpoint cite
49. 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.
Statutes of limitations
Prima facie case
Pleadings
Case reporters
50. A person who initiates an appeal.
Power of judicial review
Minimum contacts
Appellant or petitioner
Tenancy by the entirety