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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 after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Liberal construction
Booking
Disbarment
Professional Corporation (PC)
2. 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.
Statutes of limitations
Expert witness
Stop and frisk
Circumstantial evidence
3. Violation of a statute as proof of negligence
Potential conflict
Negligence per se
Property
Case citation
4. Cases that involve similar facts and rules of law.
Unofficial reporter
Testimonial evidence
Arrest
Analogous cases
5. Specific questions that usually demand very short or yes-no answers.
Evidence
Circumstantial evidence
Closed Questions
Secondary authority
6. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Motion to suppress
Assumption of the risk
Actual cause
Search engine
7. 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.
Restatement of the Law of Torts - Second
U.S. district courts
Federalism
Constructive eviction
8. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Void for vagueness
Persuasive authority
Deductive reasoning
Practice of law
9. A separable part of a statute that must be satisfied for the statute to apply.
Strict liability
Legislative intent
Appellee or respondent
Statutory element
10. A case listed in Shepard's that cites your case.
Strict construction
Citing case
Statute of limitations
Exculpatory evidence
11. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
No-knock warrant
Procedural law
Search engine
12. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Respondeat superior
Holding
Pleading in the alternative
Third-party claim
13. The rule requiring that the original document be produced at trial.
Specific performance
Summary jury trials
Best evidence rule
Administrative law
14. A summary of a court opinion that appears at the beginning of the case.
Overrule
Pretrial conference
Vicarious representation
Syllabus
15. The failure of an attorney to act reasonably.
Legal malpractice
Affirm
False imprisonment
Counterclaim
16. A national organization of paralegal programs that promotes high standards for paralegal education.
Strict liability
Personal recognizance bond
Assumption of the risk
American Association for Paralegal Education (AAfPE) www.aafpe.org
17. A national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Adverse possession
Negligence
Entrapment
18. Proof that the evidence is what it is said to be.
Authentication
Actus rea
General jurisdiction
Battered woman's or spouse's syndrome
19. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
U.S. Court of Appeals
Professional Corporation (PC)
Reverse
Registration
20. An opinion that agrees with the majority's result but disagrees with its reasoning.
Appellate brief
Grand jury
Interrogatories
Concurring opinion
21. A trial court error that is not sufficient to warrant reversing the decision.
Practice of law
Harmless error
Corroborative evidence
Narrow Holding
22. A defense whereby the defendant offers new evidence to avoid judgment.
Syllabus
Concluding paragraph
Affirmative defense
Deposition
23. Occurs when the police restrain a person's freedom and charge the person with a crime.
Unofficial reporter
Caption
Arrest
Remand
24. Questions that suggest the answer.
Leading questions
Product misuse
Actual cause
Tenancy in common
25. Evidence that is derived from an illegal search or interrogation is inadmissible.
Corroborative evidence
Fruit of the poisonous tree doctrine
Irresistible impulse test
Class action suit
26. 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.
Valid
Charging the jury
Statute of limitations
Professional judgment
27. 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.
Best evidence rule
International Paralegal Management Association (IPMA) www.paralegal management.org
Arraignment
Standing
28. A provision in a deed that prohibits specified uses of the property.
Mandatory authority
Writ of certiorari
Restrictive covenant
Clear and convincing
29. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Subpoena
Writ of certiorari
Persuasive authority
Professional Corporation (PC)
30. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Cross-claim
Count
Codification of the common law
Verification
31. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Punitive damages
Professional judgment
Remand
Active Listening
32. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Intentional tort
Voir dire
Bail
Pinpoint cite
33. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Proving a case within a case
Ethical wall or screen or cone of silence
Stare decisis
Shepardizing
34. Any tangible object - like a bloody glove.
Real or physical evidence
Tenancy in common
Remand
Easement
35. An opinion that agrees with the majority's result but disagrees with the reasoning.
Injunction
Concurring opinion
Persuasive authority
Pleading in the alternative
36. A law promulgated by an administrative agency.
Recidivist
Regulation
Pretrial conference
Slip laws
37. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Entrapment
Dismissal with prejudice
Dissenting opinion
Landmark decision
38. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Enabling act
Attorney-client privilege
Specific performance
Interrogatories
39. 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
Constructive eviction
Reverse
Full-text database
Equity
40. The intermediate appellate courts in the federal system.
Mens rea
U.S. Court of Appeals
Cause of action
Contingency fee
41. When an appellate court sends a case back to the trial court for a new trial or other action.
Contributory negligence
Remand
Notice
Contingency fee
42. A witness who has not been shown to have any special expertise.
Strict liability
Legislative intent
Lay witness
Writ of habeas corpus
43. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Model Rules of Professional Conduct
Diversity jurisdiction
Case citation
Materiality
44. 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.
Legal services offices
Court of record
per curium
Arraignment
45. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Dismissal with prejudice
Easement
Affirm
Citing case
46. Liability without a showing of fault.
Ethical wall or screen or cone of silence
Strict liability
Pleading in the alternative
Battery
47. 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.
Legislative intent
Retainer agreement
Minor premise
Hypertext links
48. The result reached in a particular case.
Disposition
Expert witness
Prior case history
Cross-examination
49. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Verdict
Code
Substantive law
Rules of criminal procedure
50. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Concurring opinion
Westlaw
Plaintiff
Easement