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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. When an appellate court that normally sits in panels sits as a whole.
Bench trial
Nominal damages
Contributory negligence
En banc
2. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Request for admissions
Deductive reasoning
No-knock warrant
Subpoena
3. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Directed verdict
Original jurisdiction
Ethical wall or screen or cone of silence
Leading questions
4. A provision that purports to waive liability.
Battered woman's or spouse's syndrome
Plea bargaining
Exculpatory clause
Dismissal with prejudice
5. A trial conducted without a jury.
Concurrent jurisdiction
Bill of Rights
Subsequent case history
Bench trial
6. 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.
Clearly erroneous
Lexis
Legal technician
Trial courts
7. A law enacted by a state legislature or by Congress.
Statute
Arrest
Testimonial evidence
Headnote
8. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Lay witness
Affirm
Intellectual Property
Best evidence rule
9. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Freelance Paralegal
Pretrial motion
Judicial restraint
Code
10. A defendant's personal promise to appear in court.
Clearly erroneous
Personal recognizance bond
Mens rea
Mandatory authority
11. A meeting of the attorneys and the judge prior to the beginning of the trial.
Certified
Diversity jurisdiction
Remedial statute
Pretrial conference
12. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Battery
Execute
Ethical wall or screen or cone of silence
13. Law that regulates how the legal system operates.
Holding
Procedural law
Ethical wall or screen or cone of silence
Constitutional law
14. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Regulation
Common law
Full-text searches
Pocket part
15. A national organization of paralegal programs that promotes high standards for paralegal education.
Dictum
Paralegal
American Association for Paralegal Education (AAfPE) www.aafpe.org
Double jeopardy
16. In a case brief - facts that deal with what happened to the parties before the litigation began.
Laws
Hypertext links
Damages
Substantive facts
17. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Self-defense
Model Rules of Professional Conduct
Rules of evidence
General jurisdiction
18. In a case brief - the rule of law applied to the case's specific facts.
General jurisdiction
Active Listening
Issue
Concurrent jurisdiction
19. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Property law
Affirmative defense
Overbreadth
20. A court opinion that establishes new law in an important area.
Deductive reasoning
Ethical wall or screen or cone of silence
Landmark decision
On all fours
21. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Appellant or petitioner
Assault
Doctrine of implied powers
Dissenting opinion
22. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Prima facie case
Product misuse
Writ of habeas corpus
23. A constitutional protection against being tried twice for the same crime.
Concurrent conflict of interest
Motion to suppress
Pocket part
Double jeopardy
24. 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.
Personal property
Case citation
Holding
Legislative intent
25. An opinion that agrees with the majority's result but disagrees with its reasoning.
Codification of the common law
Concurring opinion
Codification
Mandatory authority
26. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Limited liability partnership (LLP)
International Paralegal Management Association (IPMA) www.paralegal management.org
Restatement of the Law of Torts - Second
Contributory negligence
27. A court's prior permission for the police to search and seize.
Restatement of the Law of Torts - Second
Recklessness
Subsequent case history
Warrant
28. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Retainer agreement
Adverse possession
Dissenting opinion
29. When an appellate court sends a case back to the trial court for a new trial or other action.
Defendant
No-knock warrant
Codification of the common law
Remand
30. 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).
Joint tenancy
Professional Corporation (PC)
Circumstantial evidence
Expert witness
31. Questions relating to the interpretation or application of the law.
Disbarment
Questions of law
Assumption of the risk
Legislative intent
32. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Actus rea
Materiality
Freelance Paralegal
Citation
33. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Class action suit
Lay witness
M'Naghten test
Entrapment
34. Voluntarily and knowingly subjecting oneself to danger.
M'Naghten test
Materiality
Assumption of the risk
Partnership
35. 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.
Ejusdem generis
Prior case history
Plain view doctrine
Counterclaim
36. An intentional act that creates a harmful or offensive physical contact.
Third-party claim
Battery
Cumulative evidence
Concurring opinion
37. A tangible object or a right or ownership interest.
Statute
Property
Cumulative evidence
Proving a case within a case
38. Evidence that suggests the defendant's guilt.
Disbarment
Actus rea
Inculpatory evidence
Property
39. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Pretrial motion
Duress
Full-text searches
Potential conflict
40. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Legal fiction
American Bar Association (ABA) www.abanet.org
National Association of Legal Assistants (NALA) www.nala.org
41. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Concurring opinion
Registration
Exclusive jurisdiction
Exculpatory evidence
42. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Prior case history
Class action suit
Headnote
Open Questions
43. The failure to act reasonably under the circumstances.
Negligence
Necessity
Intentional tort
Federalism
44. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Administrative law
Necessity
Judgment
45. A separable part of a statute that must be satisfied for the statute to apply.
Verification
Statutes at large or session laws
Statutory element
Subsequent case history
46. 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
Vicarious representation
Holding
Equity
Relevancy
47. A set charge for a specific service - such as drafting a simple will.
Actual cause
Fixed Fee
Secondary authority
Codification of the common law
48. 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.
Mandatory authority
Fixed Fee
Implied warranty of habitability
Vicarious representation
49. A national association of paralegal associations.
Agent
Pinpoint cite
Holding
National Federation of Paralegal Associations (NFPA) www.paralegals.org
50. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Code
Actus rea
Procedural law