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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. A court's power to hear any type of case arising within its geographical area.
Client trust account
Strict liability
General jurisdiction
Principle
2. A defense whereby the defendant offers new evidence to avoid judgment.
Inculpatory evidence
Affirmative defense
12(b)(6) motion
Digest
3. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Deponent
Necessity
Rule 56 motion (summary judgment motion)
Minimum contacts
4. The result reached in a particular case.
Mediation
Professional judgment
Disposition
Judicial review
5. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Best evidence rule
Comparative negligence
Grand jury
Legal fiction
6. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Lay a foundation
Proving a case within a case
Issue of first impression
Treatment
7. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Pattern jury instructions
Answer
Legal malpractice
8. The court's power to review statutes to decide whether they conform to the Constitution.
Black-letter law
Majority opinion
Exhaustion of administrative remedies
Judicial review
9. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Analogous cases
Evidence
Limited liability partnership (LLP)
Void for vagueness
10. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Corroborative evidence
Doctrine of implied powers
Court of record
Assault
11. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Punitive damages
Hourly rate
Road Map paragraph
Motion to require a finding of not guilty
12. A provision that purports to waive liability.
Eminent Domain
Exculpatory clause
Intentional tort
Cross-claim
13. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Pleadings
Concurring opinion
On all fours
Bench trial
14. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Contingency Fee
Transition
Court of record
U.S. Supreme Court
15. A request made to the court.
Motion
Affirm
Certificated
Contract
16. The first ten amendments to the U.S. Constitution.
Structured database
Westlaw
Comparative negligence
Bill of Rights
17. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Arbitration
Strict liability
Harmless error
Consideration
18. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Concurring opinion
Subpoena
Contingency fee
19. A case listed in Shepard's that cites your case.
Pleading in the alternative
Holding
Concurring opinion
Citing case
20. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federalism
Code
Limited liability partnership (LLP)
Strict construction
21. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Removal
Class action suit
Vicarious representation
Motion for a new trial
22. The law itself - such as statutes and court opinions.
Plain view doctrine
Primary authority
Self-defense
Res ipsa loquitur
23. 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.
Agent
Dissenting opinion
Statutes of limitations
Request for admissions
24. 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.
Probable cause
Primary authority
Fixed Fee
Mens rea
25. A requirement that a party fulfill his or her contractual obligations.
Specific performance
U.S. Supreme Court
Actual cause
Primary authority
26. 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.
Code of Federal Regulations (C.F.R.)
Damages
Guardian
Certified
27. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Summons
Preemption
Legal writing
Annotated statutes
28. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Billable hours
Motion to require a finding of not guilty
Contributory negligence
Defendant
29. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Adverse possession
Products liability
Judicial activism
Fact
30. 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
Discovery
Diversity jurisdiction
Overrule
Pattern jury instructions
31. 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.
International Paralegal Management Association (IPMA) www.paralegal management.org
Potential conflict
Unauthorized practice of law
Legislative history
32. A court order requiring a party to perform a specific act or to cease doing a specific act.
Derogation of the common law
Injunction
Personal property
Limited liability partnership (LLP)
33. 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.
Billable hours
Model Rules of Professional Conduct
Bench trial
Proximate cause
34. An issue that the court has never faced before.
Writ of certiorari
Issue of first impression
Subsequent case history
Complaint
35. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Restrictive covenant
Retainer agreement
Unofficial reporter
Legal malpractice
36. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Leading questions
Statute in derogation of the common law
En banc
Subpoena duces tecum
37. Simultaneously representing adverse clients.
Exclusive jurisdiction
Motion for a new trial
Concurrent conflict of interest
Statutory element
38. Law that regulates how the legal system operates.
Bench trial
Procedural law
Prima facie case
Affirm
39. An opinion in which a majority of the court joins.
Strict liability
Legislative intent
Majority opinion
Pinpoint cite
40. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Inculpatory evidence
Beyond a reasonable doubt
Citing case
41. Being informed of some act done or about to be done.
Motion to require a finding of not guilty
Contract
Notice
Defendant
42. A court order authorizing a sheriff to take property in order to enforce a judgment.
Intentional tort
Motion to require a finding of not guilty
Freelance Paralegal
Writ of execution
43. Disregarding a substantial and unjustifiable risk that harm will result.
Full-text database
Assumption of the risk
Products liability
Recklessness
44. 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.
Respondeat superior
Original jurisdiction
Charging the jury
Broad holding
45. The rules whereby all members of a law firm are treated as though they had represented the former client.
Professional Corporation (PC)
Vicarious representation
Assumption of the risk
Testimonial evidence
46. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Practice of law
Prior case history
Exigent circumstances
47. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Materiality
Cause of action
Exhaustion of administrative remedies
Restrictive covenant
48. Courts that determine whether lower courts have made errors of law.
Retainer agreement
Plain meaning
Appellate courts
Statute in derogation of the common law
49. The process of organizing statutes by subject matter.
Hourly rate
Statutes of limitations
Codification
Court of record
50. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
National Association of Legal Assistants (NALA) www.nala.org
Pocket part
Pretrial conference
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