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Test your basic knowledge |
Paralegal 101
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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 approach whereby the courts give a statute a broad interpretation.
Competency
Cumulative evidence
Liberal construction
Valid
2. A court order authorizing a sheriff to take property in order to enforce a judgment.
Legal technician
Strict liability
Writ of execution
Road Map paragraph
3. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Defamation
Probable cause
Major premise
Leading questions
4. 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.
Principle
Pleadings
Procedural facts
Popular name table
5. A witness who possesses skill and knowledge beyond that of the average person.
Professional judgment
Eminent Domain
Expert witness
Tickler System
6. Evidence that suggests the defendant's innocence.
Harmless error
Exculpatory evidence
Practice of law
Contract
7. Evidence that is derived from an illegal search or interrogation is inadmissible.
Administrative law
Unauthorized practice of law
Fruit of the poisonous tree doctrine
International Paralegal Management Association (IPMA) www.paralegal management.org
8. A computerized database that contains the full text of documents - such as court opinions or depositions.
Alternative dispute resolution (ADR)
Suspension
Analogous cases
Full-text database
9. The transfer of a case from one state court to a federal court.
Probable cause
On all fours
Hypertext links
Removal
10. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Retainer
Double jeopardy
Professional Corporation (PC)
Legislative history
11. A requirement that a party fulfill his or her contractual obligations.
Specific performance
Compensatory damages
Procedural law
Proving a case within a case
12. A defense requiring proof that the defendant was not mentally responsible.
U.S. Supreme Court
Insanity defense
Legal clinic
Disposition
13. An opinion that disagrees with the majority's decision and reasoning.
Legal writing
Challenge for cause
Dissenting opinion
Exculpatory evidence
14. Someone who has the power to act in the place of another.
Summary jury trials
Attorney-client privilege
Legal writing
Agent
15. The failure to act reasonably under the circumstances.
Compulsory joinder
Tickler System
Negligence
Black-letter law
16. An intentional act that creates a harmful or offensive physical contact.
Battery
Writ of execution
Writ of habeas corpus
Entrapment
17. A tangible object or a right or ownership interest.
Double jeopardy
Property law
Reprimand or censure
Property
18. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Dictum
Disposition
Limited jurisdiction
19. 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
Judicial activism
Billable hours
Distinguishable cases
20. 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.
Proximate cause
Model Rules of Professional Conduct
Exclusionary rule
Professional Corporation (PC)
21. 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.
Official reporter
Pretrial motion
Negligence per se
Leading question
22. Being informed of some act done or about to be done.
Notice
Restatement of the Law of Torts - Second
Personal jurisdiction
Proving a case within a case
23. The power of the federal courts to hear matters of federal law.
Professional judgment
Rule 56 motion (summary judgment motion)
Legal Reasoning
Federal question jurisdiction
24. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Hourly rate
Property
Voir dire
Judgment proof
25. An agreement supported by consideration.
Compulsory joinder
False imprisonment
Contract
Mistrial
26. A pamphlet inserted into the back of a book containing information new since the volume was published.
Joint tenancy
Pocket part
International Paralegal Management Association (IPMA) www.paralegal management.org
Full-text searches
27. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Products liability
Westlaw
Leading question
Fact
28. A national organization of paralegal programs that promotes high standards for paralegal education.
Rule 56 motion (summary judgment motion)
Citation
On point
American Association for Paralegal Education (AAfPE) www.aafpe.org
29. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Equity
Active Listening
Issue of first impression
Nolo contendere
30. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Circumstantial evidence
On point
Reversible error
31. 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.
Case citation
Beyond a reasonable doubt
Overrule
Citing case
32. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Directed verdict
Competency
Court of record
Clearly erroneous
33. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Codification
Westlaw
Retainer
34. Rules and regulations created by administrative agencies.
Clearly erroneous
Reversible error
Administrative law
Judgment proof
35. The revocation of an attorney's license.
Lay advocate
Disbarment
Black-letter law
Fact
36. Questions relating to the interpretation or application of the law.
Exculpatory evidence
Disbarment
Issue of first impression
Questions of law
37. Voluntarily and knowingly subjecting oneself to danger.
Valid
Landmark decision
Assumption of the risk
Subpoena duces tecum
38. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Paralegal
Interrogatories
Statute of limitations
Certified
39. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Constructive
Judgment notwithstanding the verdict (judgment N.O.V.)
Guardian
Contributory negligence
40. A person who permits or directs another person to act on the principal's behalf.
Minor premise
Principle
Concurrent conflict of interest
Concluding paragraph
41. When a higher court agrees with what lower court has done.
Affirm
Bench trial
Substantive law
Mediation
42. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Conflict of interest
Indictment
Challenge for cause
Common law
43. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Deposition
Documentary evidence
Legislative history
Contingency Fee
44. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Derogation of the common law
Consideration
Answer
Directed verdict
45. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Issue of first impression
Retainer agreement
Registration
Headnote
46. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Prior case history
On all fours
Inculpatory evidence
On point
47. A document that lists statements regarding specific items for the other party to admit or deny.
Deponent
Battery
Request for admissions
Holding
48. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Fixed Fee
Official reporter
Conflict of interest
Subsequent case history
49. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Exigent circumstances
Irresistible impulse test
Rules of criminal procedure
Product misuse
50. Court decisions from a higher court in the same jurisdiction.
Double jeopardy
Execute
Administrative law
Mandatory authority
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