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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. Courts that determine whether lower courts have made errors of law.
Suspension
Appellate courts
Trial courts
Shepardizing
2. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Quiet enjoyment
Fixed Fee
Contingency fee
American Bar Association (ABA) www.abanet.org
3. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Grand jury
Citing case
Procedural facts
4. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Motion for a new trial
Appellate or petitioner
Code
5. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
Lexis
Booking
Class action suit
6. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Motion in limine
Direct evidence
Remand
7. The opinion of a jury on a question of fact.
Direct evidence
Counterclaim
Verdict
Assumption of the risk
8. Disregarding a substantial and unjustifiable risk that harm will result.
False imprisonment
Recklessness
Legal services offices
Verification
9. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Removal
Deponent
Code of Federal Regulations (C.F.R.)
10. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Affirmative defense
Secondary authority
Hearsay
Exclusionary rule
11. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Double jeopardy
Restatement of the Law of Torts - Second
Plain meaning
Indictment
12. A claim by the defendant against the plaintiff.
Ethical wall or screen or cone of silence
Counterclaim
Plain view doctrine
Assumption of the risk
13. An opinion that disagrees with the majority's decision and reasoning.
Judicial notice
Dissenting opinion
Notice pleading
Administrative law
14. 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.
Directed verdict
Unofficial reporter
Mandatory authority
Majority opinion
15. Questions relating to what happened: who - what - when - where - and how.
Concurrent jurisdiction
Questions of fact
Conflict of interest
National Association of Legal Assistants (NALA) www.nala.org
16. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Landmark decision
Cross-examination
Personal recognizance bond
17. The party in a case against whom an appeal has been filed.
Closed Questions
Treatment
Interrogatories
Appellee or respondent
18. Evidence that does not add any new information but that confirms facts that already have been established.
Respondeat superior
Necessity
Exclusionary rule
Cumulative evidence
19. Proof that the evidence is what it is said to be.
Loislaw
Authentication
Mens rea
National Association of Legal Assistants (NALA) www.nala.org
20. '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.
Leading question
Res ipsa loquitur
Clearly erroneous
Transition
21. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Prior case history
Practice of law
Judgment proof
Comparative negligence
22. A business run by two or more persons as co-owners.
Partnership
Specific performance
Concurring opinion
Laws
23. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Restatement of the Law of Torts - Second
Holding
Freelance Paralegal
Statute
24. In a case brief - the rule of law applied to the case's specific facts.
Stare decisis
Exclusive jurisdiction
Bailment
Issue
25. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Actus rea
Nominal damages
Default judgment
Affirm
26. 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
Freelance Paralegal
Battery
Pinpoint cite
27. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Questions of law
Expert witness
Leading questions
28. The process of organizing statutes by subject matter.
Judgment proof
Codification
Shepardizing
Official reporter
29. Questions relating to the interpretation or application of the law.
Complaint
Client trust account
Duress
Questions of law
30. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Shepardizing
Registration
Search engine
Plain meaning
31. The process of properly identifying and authenticating evidence so that it can be introduced.
Pocket part
Judicial review
Headnote
Lay a foundation
32. Rules and regulations created by administrative agencies.
Administrative law
Entrapment
Motion to require a finding of not guilty
Potential conflict
33. 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.
Affirmative defense
Overrule
Relevancy
Prior case history
34. A tangible object or a right or ownership interest.
Property
Legal writing
Subsequent case history
Assumption
35. Books that contain appellate court decisions. There are both official and unofficial reporters.
Motion in limine
Persuasive authority
Case reporters
Standing
36. Being informed of some act done or about to be done.
Exclusionary rule
Compensatory damages
Third-party claim
Notice
37. A national association of paralegal associations.
Compulsory joinder
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Miranda warnings
Appellate or petitioner
38. When more than one court has jurisdiction to hear a case.
Concurrent jurisdiction
Self-defense
Product misuse
Exclusive jurisdiction
39. Summary of one legal point in a court opinion; written by the editors at West.
Issue
Personal property
Equity
Headnote
40. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Legislative intent
Intellectual Property
Implied warranty of habitability
Probable cause
41. A separable part of a statute that must be satisfied for the statute to apply.
Constructive eviction
Constitutional law
Statutory element
Syllabus
42. Land and objects permanently attached to land.
Leading question
Charging the jury
Prior case history
Real property
43. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Professional judgment
Confidentiality
Freelance Paralegal
Paralegal
44. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Void for vagueness
Leading questions
Motion to require a finding of not guilty
Equity
45. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Overrule
Regulation
Statute in derogation of the common law
46. Violation of a statute as proof of negligence
Constructive eviction
Negligence per se
Dissenting opinion
Motion for a new trial
47. The pretrial oral questioning of a witness under oath.
Plaintiff
Deposition
Constructive eviction
Mistrial
48. In a case brief - facts that deal with what happened to the parties before the litigation began.
Minimum contacts
Holding
Dismissal with prejudice
Substantive facts
49. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
U.S. Court of Appeals
Products liability
Attorney-client privilege
50. Law that regulates how the legal system operates.
Alternative dispute resolution (ADR)
Proximate cause
Documentary evidence
Procedural law