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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. The court's power to review statutes to decide whether they conform to the Constitution.
Indictment
Judicial review
Federal question jurisdiction
Potential conflict
2. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Default judgment
Doctrine of implied powers
Conflict of interest
3. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Registration
Practice of law
Verification
4. The first ten amendments to the U.S. Constitution.
Charging the jury
Bill of Rights
Contingency Fee
Popular name table
5. When only one court has the power to hear a case.
Exclusive jurisdiction
Cross-examination
Holding
Closed Questions
6. Questions that suggest the answer.
International Paralegal Management Association (IPMA) www.paralegal management.org
Pinpoint cite
Leading questions
Pretrial conference
7. A national association of paralegal managers.
Materiality
Primary authority
International Paralegal Management Association (IPMA) www.paralegal management.org
Best evidence rule
8. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Enabling act
Personal jurisdiction
Regulation
Arraignment
9. The power of a court to hear a case.
Full-text database
Jurisdiction
Irresistible impulse test
Codification
10. The failure of an attorney to act reasonably.
Appellate courts
Appellee or respondent
Legal malpractice
Agent
11. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Interrogatories
Secondary authority
Harmless error
12. Bad act.
Actus rea
Counterclaim
Verification
Motion in limine
13. Law that creates rights and duties.
Issue of first impression
Substantive law
Overrule
Jurisdiction
14. 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.
Treatment
Respondeat superior
Subsequent case history
Bench trial
15. Occurs when the police restrain a person's freedom and charge the person with a crime.
Expert witness
Legal services offices
Minor premise
Arrest
16. Specific questions that usually demand very short or yes-no answers.
Motion to suppress
Closed Questions
Fruit of the poisonous tree doctrine
Peremptory challenge
17. An approach whereby the courts give a statute a broad interpretation.
Diversity jurisdiction
Entrapment
Complaint
Liberal construction
18. When an appellate court that normally sits in panels sits as a whole.
Plaintiff
Client trust account
Ejusdem generis
En banc
19. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Caption
Registration
Legal clinic
Statutory element
20. 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.
Nolo contendere
Model Rules of Professional Conduct
Necessity
Indictment
21. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Dissenting opinion
Judgment proof
Answer
Double jeopardy
22. Broad questions that put few limits on the freedom of the respondent.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Legal fiction
Open Questions
Judgment proof
23. A constitutional protection against being tried twice for the same crime.
Battery
Double jeopardy
Plain meaning
Strict construction
24. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Westlaw
Subpoena duces tecum
Directed verdict
Distinguishable cases
25. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Bail
Treatment
Black-letter law
Necessity
26. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
Joint tenancy
Appellate courts
Battered woman's or spouse's syndrome
27. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Constitutional law
Arrest
Counterclaim
Booking
28. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Preemption
Codification of the common law
Restatement of the Law of Torts - Second
Valid
29. The power of a court to hear a particular type of case.
Motion
Paralegal
Subject matter jurisdiction
Discovery
30. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judgment proof
Preponderance of the evidence
Motion
Judicial activism
31. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Pretrial conference
Rules of evidence
Diversity jurisdiction
Entrapment
32. A special type of joint tenancy applicable only to married couples.
Strict construction
Tenancy by the entirety
Pinpoint cite
Pretrial motion
33. A calendering system that records key dates and important deadlines.
Entrapment
Deposition
Tickler System
Power of judicial review
34. A set charge for a specific service - such as drafting a simple will.
Subject matter jurisdiction
Fixed Fee
National Association of Legal Assistants (NALA) www.nala.org
Standing
35. 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.
Code
Statutes of limitations
Lay witness
M'Naghten test
36. All property that is not real property.
Authentication
Primary authority
Personal property
Affirm
37. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Holding
Notice pleading
Remedial statute
Power of judicial review
38. An opinion that disagrees with the majority's decision and reasoning.
Limited liability partnership (LLP)
Dissenting opinion
Strict construction
American Bar Association (ABA) www.abanet.org
39. The justified use of force to protect oneself or others.
Headnote
Defamation
Implied warranty of habitability
Self-defense
40. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Holding
Hearsay
Quiet enjoyment
Exculpatory evidence
41. 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.
Questions of fact
Alternative dispute resolution (ADR)
Evidence
Procedural facts
42. When more than one court has jurisdiction to hear a case.
Punitive damages
Prima facie case
Concurrent jurisdiction
Internet
43. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
U.S. district courts
Substantial capacity test
Reasonable suspicion
Dissenting opinion
44. The rule that in order to claim self-defense there must have been no possibility of retreat.
Negligence per se
Caption
Retreat exception
Warrant
45. An opinion that agrees with the majority's result but disagrees with the reasoning.
Entrapment
Peremptory challenge
Arraignment
Concurring opinion
46. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Comparative negligence
Proving a case within a case
Exculpatory clause
No-knock warrant
47. A statute establishing and setting out the powers of an administrative agency.
Prior case history
Enabling act
Removal
Mediation
48. 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
Competency
Assault
Hypertext links
49. A court order requiring a party to perform a specific act or to cease doing a specific act.
Legal writing
Pocket part
Ejusdem generis
Injunction
50. Evidence that suggests the defendant's innocence.
Affirm
Full-text searches
Professional judgment
Exculpatory evidence