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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 judgment entered against a party who fails to complete a required step - such as answering the complaint.
Bail
Judicial review
Default judgment
Motion to require a finding of not guilty
2. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Notice
Contributory negligence
Rule 56 motion (summary judgment motion)
Appellate brief
3. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Constructive eviction
Principle
Exculpatory clause
Deductive reasoning
4. The reference to a particular page within an opinion.
Writ of certiorari
Pinpoint cite
Road Map paragraph
Strict construction
5. Information that can be presented in a court of law as proof of some fact.
Assault
Evidence
Actus rea
Authentication
6. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Compensatory damages
Evidence
Retainer agreement
False imprisonment
7. A requirement that a party fulfill his or her contractual obligations.
Evidence
Reverse
Specific performance
Double jeopardy
8. A warrant that allows the police to enter without announcing their presence in advance.
Plea bargaining
Confidentiality
No-knock warrant
Registration
9. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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10. A tangible object or a right or ownership interest.
Issue
Holding
Property
Fact
11. The failure to act reasonably under the circumstances.
Invasion of Privacy
Removal
Billable hours
Negligence
12. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Guardian
Exhaustion of administrative remedies
Nolo contendere
Actus rea
13. An opinion that agrees with the majority's result but disagrees with the reasoning.
Issue of first impression
Concurring opinion
Appellate or petitioner
Dissenting opinion
14. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
Persuasive authority
Mandatory authority
Motion
15. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Prima facie case
Exclusionary rule
Potential conflict
Full-text searches
16. Rules and regulations created by administrative agencies.
Miranda warnings
Questions of fact
Administrative law
Concurrent jurisdiction
17. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Transition
Challenge for cause
Specific performance
Default judgment
18. 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.
Challenge for cause
Default judgment
Legal fiction
American Association for Paralegal Education (AAfPE) www.aafpe.org
19. 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.
Tort law
Separation of powers
False imprisonment
Paralegal
20. Generally accepted legal principles.
Black-letter law
Closed Questions
Reverse
Holding
21. 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.
Judicial notice
Exclusive jurisdiction
Preponderance of the evidence
Product misuse
22. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Subsequent case history
Judicial review
Confidentiality
Implied warranty of habitability
23. Used to describe legislation that changes the common law.
Derogation of the common law
Execute
Judgment
Appellate or petitioner
24. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Self-defense
Comparative negligence
Model Rules of Professional Conduct
Testimonial evidence
25. Law that deals with harm to society as a whole.
Official reporter
Criminal law
Removal
per curium
26. The transfer of a case from one state court to a federal court.
Removal
Lay a foundation
Subpoena
Client trust account
27. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Fruit of the poisonous tree doctrine
Assault
Defendant
American Bar Association (ABA) www.abanet.org
28. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Motion in limine
Assumption of the risk
Clearly erroneous
Statutes of limitations
29. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Easement
Request for admissions
Documentary evidence
Quiet enjoyment
30. The revocation of an attorney's license.
Disbarment
Answer
Mens rea
Motion
31. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Fruit of the poisonous tree doctrine
Assumption
Cross-claim
Separation of powers
32. Cases that involve similar facts and rules of law.
Reverse
Irresistible impulse test
Analogous cases
Overbreadth
33. '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.
Statutes at large or session laws
Res ipsa loquitur
Deponent
Rule
34. Generally - an emergency situation that allows a search to proceed without a warrant.
Double jeopardy
Exigent circumstances
Stop and frisk
Freelance Paralegal
35. A statute establishing and setting out the powers of an administrative agency.
Overbreadth
Enabling act
Challenge for cause
Legal services offices
36. 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.
Landmark decision
Judicial restraint
Case citation
Broad holding
37. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Recidivist
Attorney-client privilege
Remand
Secondary authority
38. 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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39. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Prima facie case
Unofficial reporter
Legal clinic
Grand jury
40. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Subsequent case history
Concurrent jurisdiction
Concurring opinion
Default judgment
41. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Challenge for cause
Judicial notice
Exculpatory evidence
Corroborative evidence
42. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Secondary authority
Loislaw
Warrant
Statute of limitations
43. 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.
Judicial restraint
Overrule
Professional Corporation (PC)
Procedural facts
44. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Appellate courts
Trial courts
Compensatory damages
45. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Minor premise
On all fours
Active Listening
Pretrial conference
46. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Corroborative evidence
Lay witness
Appellate courts
47. When an appellate court sends a case back to the trial court for a new trial or other action.
Lay a foundation
Remand
Broad holding
Eminent Domain
48. The rule requiring that the original document be produced at trial.
Tenancy in common
Best evidence rule
Pleading in the alternative
Lay witness
49. A person who permits or directs another person to act on the principal's behalf.
Principle
Proximate cause
Shepardizing
Regulation
50. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Retainer
Code
Annotated statutes
Internet