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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 rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Request for admissions
Landmark decision
Unofficial reporter
Exclusionary rule
2. Law that deals with harm to a person or a person's property.
General jurisdiction
Tort law
Joint tenancy
Questions of law
3. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Direct examination
Fruit of the poisonous tree doctrine
Lexis
Overrule
4. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Rule 56 motion (summary judgment motion)
Suspension
Necessity
Judgment notwithstanding the verdict (judgment N.O.V.)
5. 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
Slip laws
Stare decisis
Original jurisdiction
Secondary authority
6. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Preponderance of the evidence
Search engine
Model Rules of Professional Conduct
Verification
7. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Evidence
Concurrent jurisdiction
Strict construction
8. Voluntarily and knowingly subjecting oneself to danger.
Judicial notice
Successive conflict of interest
Arraignment
Assumption of the risk
9. The power of government to take private property for public purposes.
Directed verdict
Majority opinion
Class action suit
Eminent Domain
10. A separable part of a statute that must be satisfied for the statute to apply.
Competency
Statutory element
Eminent Domain
Substantial capacity test
11. Monetary compensation - including compensatory - punitive - and nominal damages.
Charging the jury
Damages
Subject matter jurisdiction
Ejusdem generis
12. A law enacted by a state legislature or by Congress.
Diversity jurisdiction
Attorney-client privilege
Statute
Mediation
13. 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.
Paralegal
Statutes of limitations
Valid
Distinguishable cases
14. An opinion that disagrees with the majority's decision and its reasoning.
U.S. Court of Appeals
Lexis
Dissenting opinion
Nominal damages
15. 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.
Summary jury trials
Freelance Paralegal
Unauthorized practice of law
Open Questions
16. 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.
Specific performance
Directed verdict
Motion
Restrictive covenant
17. Rules and regulations created by administrative agencies.
Practice of law
Challenge for cause
Administrative law
Constructive eviction
18. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Battery
Doctrine of implied powers
Complaint
Power of judicial review
19. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Federal question jurisdiction
Concurring opinion
Duress
Third-party claim
20. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Broad holding
Battered woman's or spouse's syndrome
Concurrent jurisdiction
Challenge for cause
21. A determination that an attorney may not practice law for a set period of time.
U.S. district courts
Regulation
Verification
Suspension
22. The party in a case against whom an appeal has been filed.
Judgment
Limited jurisdiction
Equity
Appellee or respondent
23. 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.
Freelance Paralegal
Strict construction
Overrule
Real or physical evidence
24. Federal and state rules that regulate how criminal proceedings are conducted.
Compulsory joinder
Clearly erroneous
Rules of criminal procedure
National Association of Legal Assistants (NALA) www.nala.org
25. The court's power to review statutes to decide whether they conform to the Constitution.
Booking
Subject matter jurisdiction
Judicial review
Retainer
26. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Prima facie case
Enabling act
Strict liability
27. The power of a court to hear a case.
Jurisdiction
Exhaustion of administrative remedies
Questions of fact
Defamation
28. A canon of construction meaning 'of the same class.:
Equity
Defamation
Complaint
Ejusdem generis
29. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Reprimand or censure
Active Listening
Westlaw
Liberal construction
30. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
Contributory negligence
Exclusive jurisdiction
Transition
31. Information that can be presented in a court of law as proof of some fact.
Court of record
Certificated
Summary jury trials
Evidence
32. A grand jury's written accusation that a given individual has committed a crime.
Legal writing
General jurisdiction
Statute of limitations
Indictment
33. When more than one court has jurisdiction to hear a case.
Black-letter law
Unofficial reporter
Concurrent jurisdiction
Proving a case within a case
34. 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.
Certificated
Actual cause
Persuasive authority
Defendant
35. The process of finding the law.
General jurisdiction
Directed verdict
Minor premise
Legal Research
36. The process of organizing statutes by subject matter.
Transition
Codification
Reverse
Fixed Fee
37. The new legal principle established by a court opinion.
Appellee or respondent
Holding
Appellant or petitioner
Lexis
38. A law promulgated by an administrative agency.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Regulation
Probable cause
M'Naghten test
39. A judicial philosophy that supports an active role for the judiciary in changing the law.
Case citation
International Paralegal Management Association (IPMA) www.paralegal management.org
Attorney-client privilege
Judicial activism
40. Representing someone who is in a position adverse to a prior client.
Leading questions
Successive conflict of interest
Subsequent case history
Issue of first impression
41. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Enabling act
Inculpatory evidence
Shepardizing
Remedial statute
42. A case listed in Shepard's that cites your case.
Internet
Lay witness
Citing case
Voir dire
43. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Cumulative evidence
Legislative history
Reverse
44. Cases that involve different facts and/or rules of law.
Overrule
Real property
Notice pleading
Distinguishable cases
45. A court order requiring a party to perform a specific act or to cease doing a specific act.
Charging the jury
Exculpatory evidence
Probable cause
Injunction
46. Someone who has the power to act in the place of another.
Punitive damages
Holding
Caption
Agent
47. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Writ of certiorari
Pleadings
Real Property
Materiality
48. Evidence that suggests the defendant's guilt.
Prior case history
Legal malpractice
Lay witness
Inculpatory evidence
49. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Restrictive covenant
Entrapment
Transition
Retreat exception
50. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Secondary authority
Implied warranty of habitability
Service