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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. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Assumption of the risk
Appellee or respondent
Plaintiff
Duress
2. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Narrow Holding
General jurisdiction
Res ipsa loquitur
3. Federal and state rules that govern the admissibility of evidence in court.
Discovery
Rules of evidence
Jurisdiction
Partnership
4. A book that contains court opinion headnotes arranged by subject matter.
Digest
Pinpoint cite
Equity
Proximate cause
5. The publication of false statements that harm a person's reputation.
Black-letter law
Defamation
Leading question
Mistrial
6. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Black-letter law
Negligence
Minor premise
National Association of Legal Assistants (NALA) www.nala.org
7. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Authentication
Exculpatory clause
Contributory negligence
Reverse
8. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Court of record
Stop and frisk
Testimonial evidence
Strict liability
9. Specific questions that usually demand very short or yes-no answers.
Pleading in the alternative
Legal writing
Defendant
Closed Questions
10. 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.
Open Questions
Damages
Statute of limitations
Leading questions
11. The judge informs the jurors of the law they need to know to make their decision.
Caption
Criminal law
Original jurisdiction
Charging the jury
12. 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.
Questions of fact
Motion for a new trial
Mistrial
American Association for Paralegal Education (AAfPE) www.aafpe.org
13. The reference to a particular page within an opinion.
Pinpoint cite
American Association for Paralegal Education (AAfPE) www.aafpe.org
Assumption
Legal Research
14. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Quiet enjoyment
National Association of Legal Assistants (NALA) www.nala.org
Summons
Power of judicial review
15. The highest federal appellate court - consisting of nine appointed members.
Appellate brief
Treatment
Analogous cases
U.S. Supreme Court
16. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Intentional tort
Probable cause
Pleading in the alternative
17. Liability without a showing of fault.
Reverse
Proving a case within a case
Stare decisis
Strict liability
18. The papers that begin a lawsuit-generally - the complaint and the answer.
Void for vagueness
Bailment
Pleadings
Dissenting opinion
19. 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.
Legal clinic
Laws
Intentional tort
Subject matter jurisdiction
20. The person who is being asked questions at a deposition.
Judgment proof
Affirm
Deponent
Persuasive authority
21. A fee calculated as a percentage of the settlement or award in the case.
Citation
Products liability
Preponderance of the evidence
Contingency Fee
22. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Subject matter jurisdiction
Class action suit
Registration
Liberal construction
23. A constitutional protection against being tried twice for the same crime.
Contract
Intentional tort
Double jeopardy
Battered woman's or spouse's syndrome
24. Rules of conduct promulgated and enforced by the government.
Code of Federal Regulations (C.F.R.)
Laws
Beyond a reasonable doubt
Expert witness
25. 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
Cause of action
Issue
Narrow Holding
26. A determination that an attorney may not practice law for a set period of time.
U.S. Court of Appeals
Bill of Rights
Leading questions
Suspension
27. 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.
Restrictive covenant
Leading questions
Evidence
Fixed Fee
28. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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29. 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.
Tenancy in common
Retainer agreement
Personal jurisdiction
Materiality
30. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Proximate cause
Pretrial motion
Shepardizing
U.S. district courts
31. A national voluntary organization of lawyers.
Personal jurisdiction
American Bar Association (ABA) www.abanet.org
Charging the jury
Court of record
32. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Authentication
Legal Reasoning
Evidence
Case citation
33. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Leading questions
Judgment notwithstanding the verdict (judgment N.O.V.)
Affirmative defense
34. A person who initiates a lawsuit.
Plaintiff
Request for admissions
Preponderance of the evidence
Injunction
35. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Structured database
Corroborative evidence
En banc
36. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Implied warranty of habitability
Court of record
Judicial review
37. The first ten amendments to the U.S. Constitution.
Structured database
Bill of Rights
Notice pleading
Treatment
38. A term used to describe a case that is similar to another case.
Hearsay
On point
Active Listening
Cumulative evidence
39. When more than one court has jurisdiction to hear a case.
Duress
Concurrent jurisdiction
Exculpatory clause
Primary authority
40. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Expert witness
False imprisonment
Subsequent case history
Bench trial
41. Including more than one count in a complaint; the counts do not need to be consistent.
Reverse
Circumstantial evidence
Pleading in the alternative
Laws
42. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Beyond a reasonable doubt
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Concurring opinion
Count
43. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Pattern jury instructions
American Association for Paralegal Education (AAfPE) www.aafpe.org
Original jurisdiction
Headnote
44. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Bench trial
Writ of execution
per curium
Summons
45. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Statutory element
Jurisdiction
Judgment
Count
46. 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.
On point
Certificated
Preponderance of the evidence
Court of record
47. Law that creates rights and duties.
Evidence
Implied warranty of habitability
Citation
Substantive law
48. An opinion that disagrees with the majority's decision and its reasoning.
Respondeat superior
Dissenting opinion
Primary authority
General jurisdiction
49. Indirect evidence - used to prove facts by implication.
Road Map paragraph
Circumstantial evidence
Fruit of the poisonous tree doctrine
Counterclaim
50. A requirement that a party fulfill his or her contractual obligations.
Official reporter
Limited liability partnership (LLP)
Personal recognizance bond
Specific performance