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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 court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dissenting opinion
Dismissal with prejudice
M'Naghten test
Expert witness
2. Court decisions from a higher court in the same jurisdiction.
Assumption of the risk
Deposition
Mandatory authority
Harmless error
3. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Enabling act
Mediation
Bench trial
4. A term used to describe a case that is similar to another case.
Preemption
Conflict of interest
Model Rules of Professional Conduct
On point
5. 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.
Reverse
Battered woman's or spouse's syndrome
Plea bargaining
Punitive damages
6. When an appellate court sends a case back to the trial court for a new trial or other action.
En banc
Remand
Overrule
Subpoena
7. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Dismissal with prejudice
Joint tenancy
Class action suit
Product misuse
8. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Nominal damages
Transition
Legal technician
Suspension
9. A court opinion that establishes new law in an important area.
Appellate brief
False imprisonment
Legal malpractice
Landmark decision
10. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
U.S. Court of Appeals
National Association of Legal Assistants (NALA) www.nala.org
American Association for Paralegal Education (AAfPE) www.aafpe.org
11. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Federalism
Reverse
Ethical wall or screen or cone of silence
Judicial notice
12. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Civil law
Tort law
Appellee or respondent
Entrapment
13. 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.
Rule 56 motion (summary judgment motion)
Model Rules of Professional Conduct
Issue of first impression
per curium
14. A provision that purports to waive liability.
Exculpatory clause
U.S. Court of Appeals
per curium
Transition
15. The purpose of the legislature at the time it enacted the statute.
Personal recognizance bond
Appellate or petitioner
Legislative intent
Deposition
16. The intermediate appellate courts in the federal system.
Agent
Concurring opinion
U.S. Court of Appeals
Corroborative evidence
17. Indirect evidence - used to prove facts by implication.
Affirm
Original jurisdiction
Circumstantial evidence
Statutes at large or session laws
18. The highest federal appellate court - consisting of nine appointed members.
Exculpatory evidence
U.S. Supreme Court
Exigent circumstances
Caption
19. A defense whereby the defendant offers new evidence to avoid judgment.
Contract
Affirmative defense
Voir dire
Property law
20. The law itself - such as statutes and court opinions.
Writ of certiorari
Verdict
Jurisdiction
Primary authority
21. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Reasonable suspicion
Specific performance
Substantive facts
Constitutional law
22. An issue that the court has never faced before.
Full-text database
Cumulative evidence
Issue of first impression
Legal Research
23. An opinion that disagrees with the majority's decision and its reasoning.
Constitutional law
Execute
Dissenting opinion
Default judgment
24. The first ten amendments to the U.S. Constitution.
Reverse
Hearsay
Bill of Rights
Caption
25. The revocation of an attorney's license.
Disbarment
Unofficial reporter
Joint tenancy
Administrative law
26. The general jurisdiction trial courts in the federal system.
On point
Legal clinic
Motion
U.S. district courts
27. Generally accepted legal principles.
Black-letter law
Implied warranty of habitability
Retainer
Separation of powers
28. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Exculpatory evidence
Double jeopardy
Rule 56 motion (summary judgment motion)
29. Written questions sent by one side to the opposing side - answered under oath.
Restatement of the Law of Torts - Second
Interrogatories
Eminent Domain
Overrule
30. 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.
Rules of criminal procedure
Evidence
Clear and convincing
Rules of evidence
31. A statute that changes the common law.
Charging the jury
Contributory negligence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Statute in derogation of the common law
32. A court order authorizing a sheriff to take property in order to enforce a judgment.
Damages
Writ of execution
Pocket part
Limited jurisdiction
33. The person who is being asked questions at a deposition.
Deponent
Issue of first impression
Bill of Rights
Legislative history
34. When an appellate court overturns or negates the decision of a lower court.
Practice of law
Reverse
Booking
Alternative dispute resolution (ADR)
35. A statute establishing and setting out the powers of an administrative agency.
Search engine
per curium
Dissenting opinion
Enabling act
36. In a case brief - the general legal principle in existence before the case began.
Rule
Voir dire
Retreat exception
Fixed Fee
37. A worldwide network of computer networks.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Internet
Confidentiality
Legal fiction
38. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Certificated
Appellee or respondent
Citing case
Annotated statutes
39. Land and objects permanently attached to land.
Disbarment
Real property
Self-defense
Citation
40. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Service
Unauthorized practice of law
Corroborative evidence
Specific performance
41. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Attorney-client privilege
American Bar Association (ABA) www.abanet.org
Deductive reasoning
Challenge for cause
42. A claim by the defendant against the plaintiff.
On point
Code
Class action suit
Counterclaim
43. Federal and state rules that govern the admissibility of evidence in court.
Disposition
Implied warranty of habitability
Rules of evidence
Lay witness
44. A national association of paralegal associations.
Concurrent conflict of interest
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Pattern jury instructions
Concurrent jurisdiction
45. A law promulgated by an administrative agency.
Regulation
Preemption
Bailment
Injunction
46. The power of a court to force a person to appear before it.
Motion in limine
Clearly erroneous
Defamation
Personal jurisdiction
47. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Battered woman's or spouse's syndrome
Common law
Unofficial reporter
Real property
48. The party in a lawsuit against whom an appeal has been filed.
Duress
Appellee or respondent
Paralegal
Administrative law
49. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Charging the jury
Indictment
Vicarious representation
50. 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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