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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 requirement that relief be sought from an administrative agency before proceeding to court.
Nolo contendere
Relevancy
Exhaustion of administrative remedies
Legal Research
2. A claim by the defendant against the plaintiff.
Distinguishable cases
Counterclaim
Affirmative defense
Punitive damages
3. The process of finding the law.
Registration
Legal Research
Overrule
Compensatory damages
4. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Active Listening
Partnership
Arbitration
Overrule
5. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Preemption
Annotated statutes
Pleadings
Freelance Paralegal
6. Any tangible object - like a bloody glove.
Circumstantial evidence
Real or physical evidence
Caption
Unauthorized practice of law
7. 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.
Beyond a reasonable doubt
Prima facie case
Substantial capacity test
Compensatory damages
8. Liability without a showing of fault.
Dictum
Statute
Hourly rate
Strict liability
9. A request that the court order that certain information not be mentioned in the presence of the jury.
Holding
Motion in limine
Judicial notice
Joint tenancy
10. A special type of joint tenancy applicable only to married couples.
per curium
Defendant
Tenancy by the entirety
Joint tenancy
11. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Leading questions
Relevancy
Concluding paragraph
Writ of habeas corpus
12. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Judicial review
Questions of law
Comparative negligence
13. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Actus rea
American Association for Paralegal Education (AAfPE) www.aafpe.org
Professional Corporation (PC)
14. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Official reporter
Probable cause
Road Map paragraph
Black-letter law
15. A public or private statement that an attorney's conduct violated the code of ethics.
Cross-claim
Assault
Reprimand or censure
Reverse
16. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Questions of fact
Diversity jurisdiction
Void for vagueness
Bailment
17. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Cross-examination
Legal Reasoning
Execute
Cause of action
18. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Registration
Motion to require a finding of not guilty
Materiality
19. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Interrogatories
Ethical wall or screen or cone of silence
Search engine
20. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Rules of evidence
Reverse
Battery
Battered woman's or spouse's syndrome
21. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Subpoena duces tecum
Federalism
12(b)(6) motion
U.S. district courts
22. 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.
Intentional tort
Judicial restraint
Certified
Constitutional law
23. Courts that determine the facts and apply the law to the facts.
Challenge for cause
Judgment notwithstanding the verdict (judgment N.O.V.)
Pinpoint cite
Trial courts
24. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Court of record
Citing case
Search engine
Bill of Rights
25. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Appellant or petitioner
Valid
Statutes at large or session laws
Comparative negligence
26. 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.
Judgment proof
Shepardizing
Strict construction
Preemption
27. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Popular name table
Contingency fee
Challenge for cause
Exhaustion of administrative remedies
28. The rule requiring that the original document be produced at trial.
Competency
Federal question jurisdiction
Best evidence rule
Voir dire
29. The rules whereby all members of a law firm are treated as though they had represented the former client.
Case citation
Leading question
Vicarious representation
Answer
30. A court order requiring a person to appear to testify at a trial or deposition.
Intellectual Property
Appellee or respondent
Subsequent case history
Subpoena
31. The power of a court to hear a particular type of case.
Interrogatories
Certificated
U.S. district courts
Subject matter jurisdiction
32. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Hourly rate
Appellate or petitioner
Entrapment
33. A constitutional protection against being tried twice for the same crime.
Diversity jurisdiction
Statute
Citing case
Double jeopardy
34. A meeting of the attorneys and the judge prior to the beginning of the trial.
Billable hours
Syllabus
Majority opinion
Pretrial conference
35. A warrant that allows the police to enter without announcing their presence in advance.
Treatment
Personal property
Guardian
No-knock warrant
36. When an appellate court sends a case back to the trial court for a new trial or other action.
Default judgment
Remand
Comparative negligence
Substantial capacity test
37. A court's power to review statutes to decide if they conform to the federal or a state constitution.
M'Naghten test
Plain view doctrine
Power of judicial review
Case citation
38. The rule that in order to claim self-defense there must have been no possibility of retreat.
Personal jurisdiction
Retreat exception
Motion to suppress
Rules of evidence
39. Law that regulates how the legal system operates.
Procedural law
Overrule
Subject matter jurisdiction
Real Property
40. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Issue
Discovery
Verification
41. 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).
Dismissal with prejudice
Joint tenancy
Legal clinic
Search engine
42. Generally accepted legal principles.
Mistrial
Restrictive covenant
Black-letter law
Statutory element
43. The first ten amendments to the U.S. Constitution.
Exclusive jurisdiction
Bill of Rights
Proving a case within a case
Statutory element
44. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Mens rea
Loislaw
Exigent circumstances
Codification of the common law
45. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Concurring opinion
Stop and frisk
On point
46. 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.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Circumstantial evidence
Active Listening
Evidence
47. Governmental publication of court opinions.
Cross-claim
Official reporter
Legal Research
Exculpatory evidence
48. The power of government to take private property for public purposes.
Court of record
Potential conflict
Pleadings
Eminent Domain
49. The division of governmental power among the legislative - executive - and judicial branches.
Black-letter law
Separation of powers
Appellate brief
Valid
50. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Equity
Judicial review
Beyond a reasonable doubt
Contingency Fee