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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. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Vicarious representation
Principle
Legal technician
2. 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.
Vicarious representation
Constitutional law
Booking
Concurrent jurisdiction
3. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Codification of the common law
Reversible error
Unofficial reporter
Disbarment
4. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Void for vagueness
Case citation
Reverse
Plain meaning
5. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Plaintiff
Valid
Assumption
6. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Tenancy in common
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Retainer agreement
7. 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.
Subsequent case history
Irresistible impulse test
Complaint
Statutes at large or session laws
8. The publication of false statements that harm a person's reputation.
Black-letter law
Defamation
Statute of limitations
Duress
9. The justified use of force to protect oneself or others.
Self-defense
Dissenting opinion
Confidentiality
Exclusionary rule
10. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Void for vagueness
Execute
Headnote
11. 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).
Negligence
Joint tenancy
Case citation
Evidence
12. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Legal writing
Booking
Evidence
En banc
13. Establishes a direct link to the event that must be proven.
Affirmative defense
Direct evidence
Testimonial evidence
American Bar Association (ABA) www.abanet.org
14. The revocation of an attorney's license.
Personal property
On point
Disbarment
False imprisonment
15. Not factually true - but accepted by the courts as being legally true.
Statutes of limitations
Cumulative evidence
Constructive
Exculpatory clause
16. A reason for invalidating a statute where it covers both protected and criminal activity.
Motion
Deponent
Subject matter jurisdiction
Overbreadth
17. Law that creates rights and duties.
Lay witness
Writ of execution
Substantive law
Appellate courts
18. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Billable hours
Intentional tort
Punitive damages
Notice
19. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Civil law
Tickler System
Eminent Domain
Bail
20. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Suspension
Arraignment
Lexis
Writ of execution
21. A trial conducted without a jury.
Hypertext links
Verdict
Assumption of the risk
Bench trial
22. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Principle
On point
Federalism
Double jeopardy
23. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Materiality
Appellate courts
Standing
Void for vagueness
24. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Minor premise
Canons of construction
Notice pleading
Intellectual Property
25. Courts that determine the facts and apply the law to the facts.
Trial courts
Criminal law
Product misuse
Removal
26. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Intentional tort
American Bar Association (ABA) www.abanet.org
Conflict of interest
Annotated statutes
27. A defense whereby the defendant offers new evidence to avoid judgment.
Partnership
Arrest
Affirmative defense
Client trust account
28. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Conflict of interest
Suspension
Affirmative defense
29. 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
Assumption of the risk
Defendant
Deposition
Stare decisis
30. A requirement that a party fulfill his or her contractual obligations.
Popular name table
Persuasive authority
Specific performance
Hypertext links
31. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Constitutional law
Active Listening
Intentional tort
Reverse
32. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Leading questions
Pretrial conference
Relevancy
33. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Joint tenancy
Remedial statute
On point
34. When a higher court agrees with what lower court has done.
Lexis
Adverse possession
Affirm
Analogous cases
35. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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36. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Affirmative defense
Standing
Quiet enjoyment
Warrant
37. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Proximate cause
Open Questions
Lexis
Federal question jurisdiction
38. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Battery
Real Property
Self-defense
Lay advocate
39. Rules of conduct promulgated and enforced by the government.
Retainer agreement
Laws
Count
Freelance Paralegal
40. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Minimum contacts
En banc
Appellate courts
False imprisonment
41. A determination that an attorney may not practice law for a set period of time.
Defendant
Judicial notice
Class action suit
Suspension
42. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Pinpoint cite
Charging the jury
Assumption of the risk
43. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Battery
Stare decisis
Attorney-client privilege
Materiality
44. A book that contains court opinion headnotes arranged by subject matter.
Real or physical evidence
National Association of Legal Assistants (NALA) www.nala.org
Discovery
Digest
45. All property that is not real property.
Personal property
Exclusionary rule
Dictum
Personal jurisdiction
46. Being informed of some act done or about to be done.
Model Rules of Professional Conduct
Notice
Assumption of the risk
Statute in derogation of the common law
47. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Contributory negligence
Notice
Conflict of interest
Cross-claim
48. The power of a court to hear a particular type of case.
Deductive reasoning
Warrant
Subject matter jurisdiction
U.S. Court of Appeals
49. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Shepardizing
En banc
Reversible error
50. 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.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Fact
Remedial statute
Legal fiction