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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. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Judicial review
Fixed Fee
Products liability
2. A calendering system that records key dates and important deadlines.
Black-letter law
Tickler System
Reverse
Issue
3. To perform.
Execute
Holding
Diversity jurisdiction
Agent
4. The revocation of an attorney's license.
Respondeat superior
Strict construction
Active Listening
Disbarment
5. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Principle
Headnote
Limited liability partnership (LLP)
6. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Arbitration
Real Property
Jurisdiction
On all fours
7. Voluntarily and knowingly subjecting oneself to danger.
Subpoena
Direct evidence
Constructive
Assumption of the risk
8. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Original jurisdiction
Broad holding
12(b)(6) motion
Defendant
9. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Removal
Jurisdiction
Appellate brief
10. Law dealing with ownership.
Inculpatory evidence
Best evidence rule
Charging the jury
Property law
11. 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.
National Association of Legal Assistants (NALA) www.nala.org
Cause of action
Client trust account
Exculpatory evidence
12. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Motion to suppress
Res ipsa loquitur
Entrapment
Verdict
13. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Personal jurisdiction
Clear and convincing
U.S. district courts
International Paralegal Management Association (IPMA) www.paralegal management.org
14. Cases that involve different facts and/or rules of law.
Restatement of the Law of Torts - Second
Reverse
Contingency Fee
Distinguishable cases
15. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Restatement of the Law of Torts - Second
Evidence
Lay a foundation
16. 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.
Paralegal
Stare decisis
Arrest
Narrow Holding
17. The reference to a particular page within an opinion.
Pinpoint cite
Popular name table
Statutes at large or session laws
Implied warranty of habitability
18. In a case brief - the rule of law applied to the case's specific facts.
Citing case
Jurisdiction
Issue
Subpoena duces tecum
19. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Statutes at large or session laws
Statute in derogation of the common law
Adverse possession
20. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Vicarious representation
Doctrine of implied powers
Unofficial reporter
Structured database
21. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Expert witness
Subsequent case history
Freelance Paralegal
22. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Plea bargaining
Subpoena duces tecum
Actual cause
Nolo contendere
23. 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
Documentary evidence
Citing case
Remand
24. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Personal recognizance bond
Exhaustion of administrative remedies
Suspension
25. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Agent
Federal question jurisdiction
Legal clinic
26. 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.
Certificated
Motion to suppress
Exclusionary rule
Tenancy by the entirety
27. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Service
Notice pleading
Registration
Products liability
28. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Laws
Appellee or respondent
Persuasive authority
Legal clinic
29. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Analogous cases
U.S. district courts
Potential conflict
Federal question jurisdiction
30. Monetary compensation - including compensatory - punitive - and nominal damages.
Search engine
Damages
Paralegal
Appellate or petitioner
31. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Headnote
Reverse
Overbreadth
32. 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.
Arraignment
Confidentiality
Issue
Assault
33. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Enabling act
Grand jury
Separation of powers
Major premise
34. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Internet
Constructive eviction
Notice pleading
Battery
35. A summary of a court opinion that appears at the beginning of the case.
Personal recognizance bond
Intentional tort
Request for admissions
Syllabus
36. The failure of an attorney to act reasonably.
Holding
Subpoena duces tecum
Legal malpractice
Judicial activism
37. The result reached in a particular case.
Summary jury trials
Disposition
On point
Loislaw
38. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Canons of construction
Recidivist
Retainer agreement
Professional judgment
39. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Remand
Stare decisis
Direct evidence
40. A court's prior permission for the police to search and seize.
Full-text database
Doctrine of implied powers
Warrant
Disposition
41. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Documentary evidence
Regulation
Statutory element
Unauthorized practice of law
42. A computerized database that contains key information about the content of documents - such as medical records.
Actus rea
Pretrial motion
Structured database
Challenge for cause
43. Something of value exchanged to form the basis of a contract.
Tickler System
Consideration
Affirmative defense
Concurring opinion
44. The pleading that begins a lawsuit.
Removal
Complaint
Certificated
Property law
45. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to suppress
Administrative law
Popular name table
Motion to require a finding of not guilty
46. 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.
Agent
Federalism
Ethical wall or screen or cone of silence
Restatement of the Law of Torts - Second
47. 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
Mandatory authority
Personal property
Legal technician
48. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Assumption of the risk
Affirm
Loislaw
Billable hours
49. Written questions sent by one side to the opposing side - answered under oath.
Citation
Interrogatories
Constructive eviction
Duress
50. All property that is not real property.
Disposition
Legal services offices
Personal property
Pinpoint cite