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Test your basic knowledge |
Paralegal 101
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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.
Diversity jurisdiction
U.S. Supreme Court
Popular name table
Search engine
2. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
En banc
Pretrial motion
Count
3. A right to use property owned by another for a limited purpose.
Billable hours
Easement
Popular name table
Competency
4. 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.
Judgment
Personal jurisdiction
Doctrine of implied powers
Arraignment
5. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Third-party claim
Necessity
Procedural facts
Strict liability
6. The process of organizing statutes by subject matter.
Codification
Original jurisdiction
Caption
Personal recognizance bond
7. A court opinion that establishes new law in an important area.
Affirm
Landmark decision
Pretrial conference
Strict liability
8. A person who initiates a lawsuit.
Recklessness
Plaintiff
Lay a foundation
Entrapment
9. Liability without a showing of fault.
Strict liability
Canons of construction
Judicial notice
Black-letter law
10. The pretrial oral questioning of a witness under oath.
Compensatory damages
Lexis
Successive conflict of interest
Deposition
11. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal writing
Limited jurisdiction
Statutes of limitations
Recklessness
12. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Grand jury
Insanity defense
Voir dire
Reverse
13. 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.
Preponderance of the evidence
Writ of certiorari
Constitutional law
Reverse
14. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Best evidence rule
Agent
Rules of criminal procedure
15. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Arraignment
Principle
Structured database
16. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Third-party claim
Professional Corporation (PC)
Deductive reasoning
Verdict
17. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Power of judicial review
Internet
Legal fiction
18. A computerized database that contains key information about the content of documents - such as medical records.
Nominal damages
Retainer
Negligence
Structured database
19. The pleading that begins a lawsuit.
Personal recognizance bond
Complaint
Statute
Negligence
20. A set charge for a specific service - such as drafting a simple will.
Issue of first impression
Client trust account
Official reporter
Fixed Fee
21. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Defendant
Overrule
Tenancy by the entirety
Lay advocate
22. The party in a case who has initiated an appeal.
Internet
Stop and frisk
Concurrent conflict of interest
Appellate or petitioner
23. Specific questions that usually demand very short or yes-no answers.
Third-party claim
Notice
Closed Questions
Strict liability
24. When an appellate court overturns or negates the decision of a lower court.
Compulsory joinder
Reverse
Testimonial evidence
Intentional tort
25. A statement in a judicial opinion not necessary for the decision of the case.
Official reporter
Default judgment
Dictum
Removal
26. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Client trust account
Freelance Paralegal
Comparative negligence
Popular name table
27. Indirect evidence - used to prove facts by implication.
Nolo contendere
Damages
Circumstantial evidence
Common law
28. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Stare decisis
Motion to require a finding of not guilty
Treatment
Defendant
29. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Contributory negligence
Annotated statutes
Adverse possession
Harmless error
30. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Dissenting opinion
Holding
Minimum contacts
Stop and frisk
31. In a case brief - facts that deal with what happened to the parties before the litigation began.
Substantive facts
Evidence
Questions of law
Res ipsa loquitur
32. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Respondeat superior
Ethical wall or screen or cone of silence
Legal clinic
Motion to require a finding of not guilty
33. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Tenancy by the entirety
Notice pleading
Recklessness
Self-defense
34. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Plaintiff
Fixed Fee
Rules of evidence
35. 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.
Battered woman's or spouse's syndrome
Booking
Exclusionary rule
Documentary evidence
36. A witness who possesses skill and knowledge beyond that of the average person.
Leading questions
Actus rea
Preemption
Expert witness
37. A provision that purports to waive liability.
Proximate cause
Exculpatory clause
Issue
Compensatory damages
38. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Overrule
Tickler System
Legal Reasoning
Contingency Fee
39. 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.
Substantial capacity test
Diversity jurisdiction
Legal technician
Doctrine of implied powers
40. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Broad holding
Code
12(b)(6) motion
Judicial restraint
41. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Notice
Legal services offices
Clearly erroneous
42. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Hourly rate
Federal question jurisdiction
Client trust account
Westlaw
43. 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.
Harmless error
Competency
Minor premise
Slip laws
44. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Affirm
Duress
Voir dire
Products liability
45. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Equity
Restatement of the Law of Torts - Second
Plain meaning
46. An intentional act that creates a harmful or offensive physical contact.
Constructive
Bailment
Battery
Model Rules of Professional Conduct
47. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Retainer agreement
Default judgment
Reverse
Easement
48. A national voluntary organization of lawyers.
Clear and convincing
American Bar Association (ABA) www.abanet.org
Compulsory joinder
Restrictive covenant
49. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Official reporter
Subsequent case history
Caption
50. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Bailment
Slip laws
Notice
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