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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. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Secondary authority
Negligence
Cross-claim
Case reporters
2. 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.
Loislaw
Competency
Pinpoint cite
Void for vagueness
3. Court decisions from a higher court in the same jurisdiction.
Pinpoint cite
Mandatory authority
Reversible error
Challenge for cause
4. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Judicial activism
Preemption
Notice pleading
Caption
5. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Conflict of interest
Digest
Strict liability
Popular name table
6. A witness who has not been shown to have any special expertise.
Inculpatory evidence
Negligence per se
Lay witness
Rule 56 motion (summary judgment motion)
7. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Overbreadth
Preponderance of the evidence
Holding
Cumulative evidence
8. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Prima facie case
Summons
Tenancy in common
Mandatory authority
9. A defense whereby the defendant offers new evidence to avoid judgment.
Legal Research
Notice pleading
On all fours
Affirmative defense
10. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Vicarious representation
Deductive reasoning
Codification of the common law
Paralegal
11. The opinion of a jury on a question of fact.
Battery
Dismissal with prejudice
Actual cause
Verdict
12. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Judgment
Statute in derogation of the common law
Case reporters
13. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Legislative intent
False imprisonment
Legal Reasoning
14. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Fact
12(b)(6) motion
Recklessness
Hearsay
15. A set of standardized jury instructions.
Arraignment
Court of record
Pattern jury instructions
Paralegal
16. Bad intent.
Rule
Double jeopardy
Mens rea
Beyond a reasonable doubt
17. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Subject matter jurisdiction
Plain view doctrine
Legal services offices
On all fours
18. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Plea bargaining
Suspension
Recklessness
Judgment
19. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Narrow Holding
Irresistible impulse test
Affirmative defense
20. A provision that purports to waive liability.
Respondeat superior
Stare decisis
Exculpatory clause
Peremptory challenge
21. Consists of records - contracts - leases - wills - and other written instruments.
Popular name table
Majority opinion
Documentary evidence
Westlaw
22. When an appellate court overturns or negates the decision of a lower court.
Black-letter law
Exigent circumstances
Reverse
Popular name table
23. Disregarding a substantial and unjustifiable risk that harm will result.
Unauthorized practice of law
Recklessness
Retreat exception
Limited jurisdiction
24. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Reprimand or censure
Directed verdict
Actual cause
Narrow Holding
25. The division of governmental power among the legislative - executive - and judicial branches.
Loislaw
Inculpatory evidence
Billable hours
Separation of powers
26. A court order authorizing a sheriff to take property in order to enforce a judgment.
Charging the jury
Writ of execution
Billable hours
Best evidence rule
27. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Statutes at large or session laws
Mistrial
Judicial activism
International Paralegal Management Association (IPMA) www.paralegal management.org
28. Indirect evidence - used to prove facts by implication.
Circumstantial evidence
Conflict of interest
Appellant or petitioner
Judicial activism
29. A law promulgated by an administrative agency.
Fact
Regulation
Dissenting opinion
Mandatory authority
30. Rules and regulations created by administrative agencies.
Peremptory challenge
Legal services offices
Administrative law
National Association of Legal Assistants (NALA) www.nala.org
31. 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.
Evidence
Pocket part
Subsequent case history
Plaintiff
32. The failure to act reasonably under the circumstances.
Personal property
Doctrine of implied powers
Judgment notwithstanding the verdict (judgment N.O.V.)
Negligence
33. A repeat offender; one who continues to commit more crimes.
Legal technician
Overbreadth
Procedural facts
Recidivist
34. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Challenge for cause
Assault
Holding
35. The rule that in order to claim self-defense there must have been no possibility of retreat.
Remand
Defendant
Nolo contendere
Retreat exception
36. A determination that an attorney may not practice law for a set period of time.
Suspension
Laws
Judgment
U.S. Supreme Court
37. A worldwide network of computer networks.
Preponderance of the evidence
Attorney-client privilege
Subsequent case history
Internet
38. A national association of paralegal managers.
Interrogatories
International Paralegal Management Association (IPMA) www.paralegal management.org
Pattern jury instructions
Common law
39. Land and objects permanently attached to land.
Eminent Domain
Personal jurisdiction
Real property
Cumulative evidence
40. The reference to a particular page within an opinion.
Pinpoint cite
Warrant
Constructive
Concurrent conflict of interest
41. A law enacted by a state legislature or by Congress.
Statute
Jurisdiction
Tenancy by the entirety
Constructive eviction
42. A trial court error that is not sufficient to warrant reversing the decision.
Pleading in the alternative
Codification of the common law
Harmless error
Appellee or respondent
43. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Tenancy in common
Unauthorized practice of law
Motion in limine
Cross-claim
44. 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.
Dismissal with prejudice
Cross-examination
Plaintiff
Booking
45. Law that creates rights and duties.
Assumption
Inculpatory evidence
Plain view doctrine
Substantive law
46. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Product misuse
Injunction
Black-letter law
Evidence
47. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Judgment
Products liability
Mediation
Headnote
48. An opinion in which a majority of the court joins.
Majority opinion
On point
Pleading in the alternative
Ethical wall or screen or cone of silence
49. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Judgment proof
Specific performance
Paralegal
Personal recognizance bond
50. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Third-party claim
Remand
Diversity jurisdiction
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