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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. An opinion in which a majority of the court joins.
Strict construction
Arbitration
Concurring opinion
Majority opinion
2. A set charge for a specific service - such as drafting a simple will.
Judicial notice
Fixed Fee
Procedural facts
Direct evidence
3. An opinion that disagrees with the majority's decision and reasoning.
Lay advocate
Code
Codification
Dissenting opinion
4. Proof that the evidence is what it is said to be.
Res ipsa loquitur
Double jeopardy
Reverse
Authentication
5. 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.
Strict construction
Caption
Substantive facts
Intellectual Property
6. Monetary compensation - including compensatory - punitive - and nominal damages.
Tenancy by the entirety
Reverse
Execute
Damages
7. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Code
Mens rea
Road Map paragraph
8. A witness who has not been shown to have any special expertise.
Concurring opinion
Secondary authority
Exclusionary rule
Lay witness
9. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Disposition
Reverse
National Association of Legal Assistants (NALA) www.nala.org
Retainer agreement
10. Simultaneously representing adverse clients.
Dictum
Mediation
Affirm
Concurrent conflict of interest
11. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Appellate brief
Legal writing
Beyond a reasonable doubt
Nolo contendere
12. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Bill of Rights
Transition
Assumption of the risk
13. 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.
Cumulative evidence
Negligence per se
Enabling act
Statute of limitations
14. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Statute
Punitive damages
Popular name table
Reverse
15. A witness who possesses skill and knowledge beyond that of the average person.
Statute
Retreat exception
Expert witness
Materiality
16. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Injunction
Exclusive jurisdiction
Statutes at large or session laws
Service
17. 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
Stare decisis
Irresistible impulse test
Dissenting opinion
Exculpatory evidence
18. A person who initiates an appeal.
Peremptory challenge
Appellant or petitioner
Intentional tort
Double jeopardy
19. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Shepardizing
Corroborative evidence
Equity
20. An approach whereby the courts give a statute a broad interpretation.
National Association of Legal Assistants (NALA) www.nala.org
Retainer
Joint tenancy
Liberal construction
21. Evidence that supports previous testimony but that comes in a different form.
Treatment
Appellate or petitioner
Corroborative evidence
Full-text database
22. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Legislative intent
Nolo contendere
Assault
23. 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.
Self-defense
Arraignment
Cause of action
U.S. Court of Appeals
24. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Pinpoint cite
Client trust account
Fruit of the poisonous tree doctrine
25. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Procedural facts
Appellant or petitioner
Direct evidence
Hypertext links
26. A provision in a deed that prohibits specified uses of the property.
Subpoena
Active Listening
Legislative history
Restrictive covenant
27. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Counterclaim
Verification
Judgment proof
Persuasive authority
28. Cases that involve different facts and/or rules of law.
Distinguishable cases
Standing
Official reporter
Slip laws
29. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Retreat exception
Annotated statutes
Statute
30. A request that the court order that certain information not be mentioned in the presence of the jury.
Directed verdict
Motion in limine
Restatement of the Law of Torts - Second
Subject matter jurisdiction
31. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Pretrial conference
Assumption of the risk
Active Listening
32. The process of finding the law.
Disposition
Professional judgment
Legal Research
M'Naghten test
33. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Transition
Procedural facts
Subpoena
Equity
34. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Regulation
Syllabus
Execute
Summary jury trials
35. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Irresistible impulse test
Overbreadth
Legislative history
36. A computerized database that contains the full text of documents - such as court opinions or depositions.
Alternative dispute resolution (ADR)
Full-text database
Overrule
Tenancy in common
37. A statute that changes the common law.
Product misuse
Slip laws
Statute in derogation of the common law
Warrant
38. An actual incident or condition; not a legal consequence.
Issue
Mandatory authority
Fact
Bill of Rights
39. 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
Pocket part
Enabling act
Equity
Judicial review
40. 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.
Third-party claim
Mens rea
Registration
Legal technician
41. Violation of a statute as proof of negligence
Reverse
Negligence per se
Cross-examination
Citation
42. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Administrative law
Treatment
Professional judgment
43. 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.
Implied warranty of habitability
Real Property
Hourly rate
Assault
44. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Attorney-client privilege
Dismissal with prejudice
Court of record
Motion to require a finding of not guilty
45. All property that is not real property.
Best evidence rule
Legal Reasoning
Personal property
Void for vagueness
46. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Regulation
Billable hours
Concluding paragraph
Remand
47. The court's power to review statutes to decide whether they conform to the Constitution.
Ethical wall or screen or cone of silence
Judicial review
Legal technician
Retainer agreement
48. 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 conference
Ethical wall or screen or cone of silence
Code
Case citation
49. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Rules of criminal procedure
Comparative negligence
Canons of construction
Motion
50. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Affirmative defense
Products liability
Original jurisdiction