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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. Establishes a direct link to the event that must be proven.
Recklessness
Limited jurisdiction
Canons of construction
Direct evidence
2. 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.
Lexis
Constitutional law
Double jeopardy
Beyond a reasonable doubt
3. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Product misuse
Pretrial conference
Pleading in the alternative
Substantial capacity test
4. Law that regulates how the legal system operates.
Procedural law
Constructive eviction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Rules of evidence
5. 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.
Reasonable suspicion
Writ of habeas corpus
Legislative history
Restatement of the Law of Torts - Second
6. Occurs when the police restrain a person's freedom and charge the person with a crime.
Arrest
Real or physical evidence
Tenancy by the entirety
Eminent Domain
7. A calendering system that records key dates and important deadlines.
Nolo contendere
Paralegal
Exculpatory evidence
Tickler System
8. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Personal property
Certified
Remand
9. Representing someone who is in a position adverse to a prior client.
Subpoena duces tecum
Motion
Joint tenancy
Successive conflict of interest
10. The law itself - such as statutes and court opinions.
Primary authority
Questions of fact
Lay witness
Attorney-client privilege
11. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Judgment notwithstanding the verdict (judgment N.O.V.)
Best evidence rule
Plain meaning
Void for vagueness
12. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
On all fours
Entrapment
Arrest
Reasonable suspicion
13. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Tickler System
Concurring opinion
Pattern jury instructions
14. A law promulgated by an administrative agency.
Evidence
Regulation
Model Rules of Professional Conduct
Codification of the common law
15. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Plain view doctrine
Service
Codification of the common law
Reasonable suspicion
16. Specific questions that usually demand very short or yes-no answers.
Pattern jury instructions
Actus rea
Dissenting opinion
Closed Questions
17. An issue that the court has never faced before.
Secondary authority
Fact
Issue of first impression
Materiality
18. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Res ipsa loquitur
Tickler System
Freelance Paralegal
19. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Statute in derogation of the common law
Mens rea
Count
20. 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.
Summary jury trials
Principle
Rules of criminal procedure
Interrogatories
21. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Direct evidence
Plain meaning
Third-party claim
Challenge for cause
22. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Slip laws
Confidentiality
Motion in limine
Writ of habeas corpus
23. 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.
Constitutional law
Battery
Prima facie case
Tort law
24. A computerized database that contains key information about the content of documents - such as medical records.
Affirm
Attorney-client privilege
Structured database
Code
25. The chronological publication of statutes at the end of a legislative session.
Materiality
Tenancy in common
Statutes at large or session laws
Adverse possession
26. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Federalism
Confidentiality
Arbitration
27. A term used to describe a case that is similar to another case.
Cumulative evidence
Complaint
On point
Issue
28. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion in limine
Syllabus
Federal question jurisdiction
Procedural facts
29. The party in a case against whom an appeal has been filed.
Appellee or respondent
Strict liability
Issue of first impression
Exculpatory clause
30. A national organization of paralegal programs that promotes high standards for paralegal education.
Lay advocate
Unofficial reporter
Lay witness
American Association for Paralegal Education (AAfPE) www.aafpe.org
31. When an appellate court sends a case back to the trial court for a new trial or other action.
Insanity defense
U.S. Court of Appeals
Remand
Motion in limine
32. In a case brief - the general legal principle in existence before the case began.
Nolo contendere
Rule
Legal malpractice
Doctrine of implied powers
33. The power of a court to hear a case.
Writ of execution
Jurisdiction
Restatement of the Law of Torts - Second
Testimonial evidence
34. The power of a court to force a person to appear before it.
Personal jurisdiction
Court of record
Legal writing
Conflict of interest
35. Law dealing with ownership.
Ejusdem generis
Narrow Holding
Property law
Contributory negligence
36. A trial court error that is not sufficient to warrant reversing the decision.
Federalism
Eminent Domain
Implied warranty of habitability
Harmless error
37. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Original jurisdiction
Judicial restraint
Intellectual Property
Reverse
38. A reason for invalidating a statute where it covers both protected and criminal activity.
Closed Questions
Practice of law
Strict liability
Overbreadth
39. A person who permits or directs another person to act on the principal's behalf.
Successive conflict of interest
Principle
Mistrial
Implied warranty of habitability
40. The result reached in a particular case.
Concurrent jurisdiction
Count
Disposition
Defamation
41. The educated ability to apply law to specific facts.
Recklessness
Professional judgment
Retainer agreement
Actual cause
42. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Compensatory damages
Deposition
Dictum
43. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Grand jury
Prior case history
Minor premise
44. Questions that suggest the answer.
Consideration
U.S. district courts
Leading questions
Unauthorized practice of law
45. A court order authorizing a sheriff to take property in order to enforce a judgment.
Voir dire
Writ of execution
U.S. district courts
Partnership
46. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Legal services offices
Liberal construction
Ejusdem generis
Summons
47. 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.
Hypertext links
Majority opinion
Voir dire
Preponderance of the evidence
48. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Lay advocate
Recklessness
Substantial capacity test
Power of judicial review
49. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Reverse
Direct evidence
Professional Corporation (PC)
Affirmative defense
50. The intermediate appellate courts in the federal system.
Class action suit
Legal writing
U.S. Court of Appeals
Exclusionary rule