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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. The process of legislative enactment of areas of the law previously governed solely by the common law.
Compensatory damages
Voir dire
Interrogatories
Codification of the common law
2. A case listed in Shepard's that cites your case.
Counterclaim
Appellate brief
Citing case
Ethical wall or screen or cone of silence
3. The tort theory that an employer can be sued for the negligent acts of its employees.
Power of judicial review
Treatment
Dissenting opinion
Respondeat superior
4. Establishes a direct link to the event that must be proven.
Direct evidence
Retainer
Lexis
Proving a case within a case
5. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Cross-examination
Procedural facts
Relevancy
Road Map paragraph
6. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Res ipsa loquitur
Model Rules of Professional Conduct
Motion
Motion for a new trial
7. 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.
Arraignment
Judgment notwithstanding the verdict (judgment N.O.V.)
Codification of the common law
Statute of limitations
8. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Ejusdem generis
Affirmative defense
Concurring opinion
9. The power of government to take private property for public purposes.
Annotated statutes
Clearly erroneous
Eminent Domain
Inculpatory evidence
10. 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.
Legislative history
Personal recognizance bond
Reverse
Defamation
11. A court's prior permission for the police to search and seize.
Pattern jury instructions
Fact
Warrant
Legal clinic
12. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Distinguishable cases
Stop and frisk
Respondeat superior
13. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Power of judicial review
Persuasive authority
Internet
14. Courts that determine whether lower courts have made errors of law.
Deposition
Appellate courts
Questions of fact
Internet
15. A trial court error that is not sufficient to warrant reversing the decision.
Writ of certiorari
Service
Principle
Harmless error
16. Bad act.
Entrapment
Nominal damages
Actus rea
Canons of construction
17. 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.
Billable hours
Probable cause
Constitutional law
Strict liability
18. Proof that the evidence is what it is said to be.
Procedural facts
Authentication
Motion to suppress
Assumption of the risk
19. 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
Corroborative evidence
U.S. Supreme Court
Personal recognizance bond
20. 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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21. The rule requiring that the original document be produced at trial.
Best evidence rule
Motion for a new trial
Judgment proof
Ejusdem generis
22. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Professional Corporation (PC)
Popular name table
Criminal law
23. 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.
Court of record
Federalism
Voir dire
Injunction
24. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Warrant
Directed verdict
U.S. Court of Appeals
Active Listening
25. Generally accepted legal principles.
Grand jury
Black-letter law
Evidence
Active Listening
26. 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.
Attorney-client privilege
Jurisdiction
Authentication
Narrow Holding
27. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Real Property
Open Questions
per curium
Reverse
28. An approach whereby the courts give a statute a broad interpretation.
Arrest
Appellate or petitioner
Execute
Liberal construction
29. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Standing
Dissenting opinion
Best evidence rule
Equity
30. Evidence that is derived from an illegal search or interrogation is inadmissible.
Dissenting opinion
Evidence
Fruit of the poisonous tree doctrine
Secondary authority
31. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Notice pleading
Best evidence rule
Pretrial motion
Competency
32. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Mens rea
Arraignment
Doctrine of implied powers
Agent
33. A calendering system that records key dates and important deadlines.
Deposition
Intentional tort
Summary jury trials
Tickler System
34. 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
Arbitration
Remand
Model Rules of Professional Conduct
35. A statement in a judicial opinion not necessary for the decision of the case.
Dictum
Class action suit
Indictment
National Federation of Paralegal Associations (NFPA) www.paralegals.org
36. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Judgment notwithstanding the verdict (judgment N.O.V.)
Reprimand or censure
Actual cause
Invasion of Privacy
37. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Reprimand or censure
Questions of fact
Mistrial
38. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Conflict of interest
Necessity
Ethical wall or screen or cone of silence
39. General principles that guide the courts in their interpretation of statutes.
Hourly rate
Motion for a new trial
Canons of construction
Court of record
40. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Dissenting opinion
Shepardizing
Valid
Competency
41. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Secondary authority
Substantive law
Challenge for cause
Original jurisdiction
42. When an appellate court overturns or negates the decision of a lower court.
Appellant or petitioner
American Bar Association (ABA) www.abanet.org
Reverse
Disbarment
43. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Execute
Overrule
Federalism
Circumstantial evidence
44. The rule that in order to claim self-defense there must have been no possibility of retreat.
Issue
Retreat exception
Mediation
Eminent Domain
45. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Lay a foundation
Arbitration
Personal property
Deductive reasoning
46. A worldwide network of computer networks.
Lay a foundation
Internet
Pinpoint cite
Quiet enjoyment
47. Information that can be presented in a court of law as proof of some fact.
Evidence
Open Questions
Reprimand or censure
Successive conflict of interest
48. An opinion that agrees with the majority's result but disagrees with its reasoning.
Circumstantial evidence
Arraignment
Concurring opinion
Defamation
49. A canon of construction meaning 'of the same class.:
Circumstantial evidence
Ejusdem generis
Minor premise
Legal Reasoning
50. The failure to act reasonably under the circumstances.
Negligence
Stare decisis
Exculpatory clause
Remand