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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. Land and objects permanently attached to land.
Irresistible impulse test
Bill of Rights
Real property
Injunction
2. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Eminent Domain
Bail
Vicarious representation
Doctrine of implied powers
3. Liability without a showing of fault.
Competency
Subsequent case history
Strict liability
Tickler System
4. 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.
Rule
Statute of limitations
Majority opinion
Documentary evidence
5. The law itself - such as statutes and court opinions.
Hourly rate
Lay witness
Primary authority
Strict construction
6. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Model Rules of Professional Conduct
Codification of the common law
Professional Corporation (PC)
Judgment notwithstanding the verdict (judgment N.O.V.)
7. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Cause of action
Billable hours
Judgment
Standing
8. A right to use property owned by another for a limited purpose.
Motion in limine
Client trust account
Valid
Easement
9. A request made to the court.
Judicial restraint
Motion
Concluding paragraph
Reverse
10. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Lay advocate
Subpoena duces tecum
Pleadings
Beyond a reasonable doubt
11. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Duress
Subpoena duces tecum
Deductive reasoning
Jurisdiction
12. Courts that determine the facts and apply the law to the facts.
Trial courts
Doctrine of implied powers
Popular name table
Insanity defense
13. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Leading question
Invasion of Privacy
Personal property
Remedial statute
14. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Discovery
Legal clinic
Transition
15. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Fixed Fee
Potential conflict
Charging the jury
No-knock warrant
16. A reason for invalidating a statute where it covers both protected and criminal activity.
Discovery
Overbreadth
Competency
Reverse
17. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Model Rules of Professional Conduct
Regulation
Summary jury trials
Statutory element
18. A repeat offender; one who continues to commit more crimes.
Strict liability
Cumulative evidence
Recidivist
Mandatory authority
19. A method for excusing a prospective juror; no reason need be given.
Arbitration
Contributory negligence
Peremptory challenge
Landmark decision
20. In a case brief - the rule of law applied to the case's specific facts.
Constructive eviction
Subpoena duces tecum
Writ of certiorari
Issue
21. A court's power to hear only specialized cases.
Limited jurisdiction
Res ipsa loquitur
Affirm
American Association for Paralegal Education (AAfPE) www.aafpe.org
22. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Power of judicial review
Probable cause
Dismissal with prejudice
Rule 56 motion (summary judgment motion)
23. 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.
24. The tort theory that an employer can be sued for the negligent acts of its employees.
Substantive law
Negligence
Respondeat superior
Annotated statutes
25. 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.
Entrapment
Exclusionary rule
Battery
Discovery
26. Indirect evidence - used to prove facts by implication.
Mandatory authority
Client trust account
Circumstantial evidence
Nominal damages
27. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Minor premise
Fruit of the poisonous tree doctrine
Power of judicial review
28. General principles that guide the courts in their interpretation of statutes.
Real property
Arbitration
Canons of construction
Original jurisdiction
29. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Plea bargaining
Direct evidence
Rule
30. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
31. An approach whereby the courts give a statute a broad interpretation.
Negligence
Alternative dispute resolution (ADR)
Liberal construction
Indictment
32. Proof that the evidence is what it is said to be.
Freelance Paralegal
Motion to suppress
Conflict of interest
Authentication
33. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Stop and frisk
Personal jurisdiction
Federal question jurisdiction
Judicial notice
34. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Lay witness
Prima facie case
Concluding paragraph
Necessity
35. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Corroborative evidence
Hearsay
Assumption of the risk
Unofficial reporter
36. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Rule 56 motion (summary judgment motion)
Internet
Distinguishable cases
Contributory negligence
37. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
M'Naghten test
Judicial notice
Official reporter
Enabling act
38. The number of hours - or parts of an hour - that can be charged to a specific client.
Civil law
Judicial activism
Billable hours
Model Rules of Professional Conduct
39. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Judicial review
Subject matter jurisdiction
Bench trial
Westlaw
40. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Summons
Property law
Proving a case within a case
Judgment
41. The rule requiring that the original document be produced at trial.
Self-defense
Best evidence rule
Procedural facts
Ethical wall or screen or cone of silence
42. 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.
per curium
Major premise
Concurrent conflict of interest
Questions of fact
43. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Cumulative evidence
Prior case history
Loislaw
Persuasive authority
44. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Appellate brief
Unauthorized practice of law
Lay a foundation
Constructive eviction
45. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Rule
Jurisdiction
No-knock warrant
46. 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.
Pretrial motion
Clearly erroneous
U.S. district courts
Jurisdiction
47. A bank account used to hold money belonging to the client or to a third party.
Lay advocate
Client trust account
Deponent
Affirm
48. Cases that involve similar facts and rules of law.
Dictum
Analogous cases
Negligence per se
Product misuse
49. A law enacted by a state legislature or by Congress.
Count
Miranda warnings
Statute
Appellate courts
50. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Concurring opinion
Harmless error
Closed Questions