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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. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Injunction
Peremptory challenge
Testimonial evidence
2. The process of properly identifying and authenticating evidence so that it can be introduced.
Jurisdiction
Personal recognizance bond
Lay a foundation
Service
3. The power of a court to hear a particular type of case.
Retainer
Prima facie case
Plaintiff
Subject matter jurisdiction
4. A canon of construction meaning 'of the same class.:
Suspension
Request for admissions
Ejusdem generis
Counterclaim
5. 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.
Fixed Fee
Civil law
Headnote
Statutes of limitations
6. The court's power to review statutes to decide whether they conform to the Constitution.
Headnote
Certified
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Judicial review
7. The justified use of force to protect oneself or others.
Overbreadth
Reprimand or censure
On point
Self-defense
8. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion in limine
Transition
Cause of action
Double jeopardy
9. A trial conducted without a jury.
Restrictive covenant
Reprimand or censure
per curium
Bench trial
10. A court order requiring a person to appear to testify at a trial or deposition.
Hypertext links
Proving a case within a case
Subpoena
Limited jurisdiction
11. 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.
Writ of execution
Product misuse
Overrule
Valid
12. An opinion in which a majority of the court joins.
Principle
Nolo contendere
Insanity defense
Majority opinion
13. The general jurisdiction trial courts in the federal system.
Intentional tort
Certified
U.S. district courts
Hypertext links
14. Bad intent.
Mens rea
Easement
Westlaw
per curium
15. A provision that purports to waive liability.
Bill of Rights
Laws
Cross-claim
Exculpatory clause
16. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Relevancy
Default judgment
Personal recognizance bond
17. 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.
Bailment
Procedural facts
Directed verdict
Statutes of limitations
18. Someone who has the power to act in the place of another.
Concurrent conflict of interest
Pleadings
Billable hours
Agent
19. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Tickler System
Contributory negligence
Case reporters
Professional Corporation (PC)
20. Establishes a direct link to the event that must be proven.
Subject matter jurisdiction
Alternative dispute resolution (ADR)
Challenge for cause
Direct evidence
21. A claim by the defendant against the plaintiff.
Subpoena
Major premise
Counterclaim
Actual cause
22. All property that is not real property.
Leading question
Legal fiction
Tickler System
Personal property
23. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Exclusive jurisdiction
Plain meaning
Negligence per se
Affirm
24. 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.
Landmark decision
Preponderance of the evidence
Appellate brief
Cross-examination
25. 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.
Product misuse
Overrule
Cross-examination
Personal property
26. Evidence that suggests the defendant's innocence.
Grand jury
Complaint
Exculpatory evidence
Canons of construction
27. An opinion that agrees with the majority's result but disagrees with the reasoning.
Mandatory authority
Legislative history
Concurring opinion
Legal services offices
28. The power of a court to force a person to appear before it.
Secondary authority
Structured database
Personal jurisdiction
Corroborative evidence
29. Federal and state rules that govern the admissibility of evidence in court.
Exhaustion of administrative remedies
Testimonial evidence
Reverse
Rules of evidence
30. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Secondary authority
Verification
Appellee or respondent
Arbitration
31. A person who permits or directs another person to act on the principal's behalf.
Guardian
Entrapment
Principle
Transition
32. Information that can be presented in a court of law as proof of some fact.
Deponent
Doctrine of implied powers
Evidence
Voir dire
33. Law that deals with harm to an individual.
Retreat exception
Civil law
Respondeat superior
Questions of law
34. The tort theory that an employer can be sued for the negligent acts of its employees.
Pleading in the alternative
Respondeat superior
Booking
Common law
35. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Clearly erroneous
Concurrent jurisdiction
Preponderance of the evidence
36. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Substantial capacity test
Specific performance
Actual cause
Liberal construction
37. The process of organizing statutes by subject matter.
Holding
Codification
Appellee or respondent
Legal malpractice
38. A national association of paralegal managers.
Statute
Ejusdem generis
Assumption
International Paralegal Management Association (IPMA) www.paralegal management.org
39. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Primary authority
Pleading in the alternative
Joint tenancy
40. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Charging the jury
Common law
Jurisdiction
Judgment notwithstanding the verdict (judgment N.O.V.)
41. Summary of one legal point in a court opinion; written by the editors at West.
Writ of execution
Jurisdiction
Headnote
Minor premise
42. A set charge for a specific service - such as drafting a simple will.
Products liability
Potential conflict
Pleadings
Fixed Fee
43. 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.
Motion to require a finding of not guilty
Case citation
Charging the jury
Registration
44. A request that the court prohibit the use of certain evidence at the trial.
Concurring opinion
Power of judicial review
On all fours
Motion to suppress
45. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Cross-examination
Persuasive authority
Cross-claim
46. Questions relating to the interpretation or application of the law.
Questions of law
Mediation
Exculpatory evidence
Injunction
47. A term used to describe a case that is similar to another case.
Citation
On point
12(b)(6) motion
Digest
48. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Contract
Dissenting opinion
Potential conflict
Cross-examination
49. Indirect evidence - used to prove facts by implication.
Circumstantial evidence
Full-text searches
Respondeat superior
Lay a foundation
50. A form in which statutes are published; they are printed individually at the time they are first enacted.
Popular name table
Slip laws
Exculpatory clause
Entrapment