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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 ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Questions of law
Prior case history
Pattern jury instructions
Conflict of interest
2. The modern pretrial procedure by which one party gains information from the adverse party.
Pleadings
Substantial capacity test
Discovery
Defendant
3. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Insanity defense
Vicarious representation
Booking
Adverse possession
4. A constitutional protection against being tried twice for the same crime.
Disbarment
U.S. Supreme Court
Double jeopardy
Bench trial
5. Governmental publication of court opinions.
Official reporter
Irresistible impulse test
per curium
Questions of fact
6. Law dealing with ownership.
Property law
Persuasive authority
Affirmative defense
Cumulative evidence
7. 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.
Consideration
Warrant
Preponderance of the evidence
Confidentiality
8. A summary of one legal point in a court opinion; written by the editors at West.
Case reporters
Procedural law
Deductive reasoning
Headnote
9. Rules and regulations created by administrative agencies.
Appellate or petitioner
Closed Questions
Legislative history
Administrative law
10. 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.
Constitutional law
Hourly rate
Summary jury trials
Charging the jury
11. 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.
Road Map paragraph
Pattern jury instructions
Property law
Probable cause
12. An opinion that disagrees with the majority's decision and reasoning.
Void for vagueness
Insanity defense
Nolo contendere
Dissenting opinion
13. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Paralegal
Appellant or petitioner
Retreat exception
Active Listening
14. A person who permits or directs another person to act on the principal's behalf.
Road Map paragraph
Appellee or respondent
Real or physical evidence
Principle
15. The rules whereby all members of a law firm are treated as though they had represented the former client.
Concurring opinion
Case reporters
Vicarious representation
Exclusive jurisdiction
16. Evidence that does not add any new information but that confirms facts that already have been established.
Full-text searches
Cumulative evidence
Legal fiction
Warrant
17. Violation of a statute as proof of negligence
Mandatory authority
Assumption of the risk
Negligence per se
Original jurisdiction
18. A person who initiates a lawsuit.
Bench trial
Freelance Paralegal
Model Rules of Professional Conduct
Plaintiff
19. 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
Lay witness
National Association of Legal Assistants (NALA) www.nala.org
Removal
20. The result reached in a particular case.
On all fours
Cumulative evidence
Affirm
Disposition
21. Bad act.
Pleadings
Grand jury
Actus rea
Regulation
22. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Substantive law
Cross-examination
Primary authority
Challenge for cause
23. The publication of false statements that harm a person's reputation.
Federal question jurisdiction
Defamation
Harmless error
Injunction
24. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Removal
Bailment
Assumption of the risk
Legal clinic
25. A document that lists statements regarding specific items for the other party to admit or deny.
Certified
Subsequent case history
Direct evidence
Request for admissions
26. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
International Paralegal Management Association (IPMA) www.paralegal management.org
Lexis
Diversity jurisdiction
Conflict of interest
27. A judicial philosophy that supports an active role for the judiciary in changing the law.
Disposition
Judgment notwithstanding the verdict (judgment N.O.V.)
Attorney-client privilege
Judicial activism
28. The first ten amendments to the U.S. Constitution.
Bill of Rights
Fruit of the poisonous tree doctrine
Entrapment
Best evidence rule
29. Law that deals with harm to an individual.
Arrest
Original jurisdiction
Civil law
Fruit of the poisonous tree doctrine
30. A right to use property owned by another for a limited purpose.
Easement
Retainer
Ejusdem generis
Equity
31. When the defendant does not have sufficient money or other assets to pay the judgment.
Issue of first impression
Appellate or petitioner
Judgment proof
Landmark decision
32. A witness who has not been shown to have any special expertise.
Legal fiction
Concurring opinion
Lay witness
Open Questions
33. 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.
Substantial capacity test
Reverse
Concurrent conflict of interest
per curium
34. A witness who has not been shown to have any special expertise.
General jurisdiction
Reverse
Canons of construction
Lay witness
35. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Overrule
Clear and convincing
Court of record
Fixed Fee
36. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Transition
Class action suit
Criminal law
37. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Exhaustion of administrative remedies
Case reporters
Trial courts
38. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Code
Prima facie case
Removal
39. An agreement supported by consideration.
Evidence
Summary jury trials
Contract
Liberal construction
40. Any tangible object - like a bloody glove.
Model Rules of Professional Conduct
General jurisdiction
Official reporter
Real or physical evidence
41. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Standing
Subsequent case history
Cross-claim
Remand
42. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Derogation of the common law
Proximate cause
Invasion of Privacy
43. The process of finding the law.
Contributory negligence
Holding
Legal Research
Client trust account
44. The tort theory that an employer can be sued for the negligent acts of its employees.
Distinguishable cases
Subsequent case history
Respondeat superior
Verdict
45. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Appellee or respondent
Pretrial conference
Unofficial reporter
Citation
46. 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
Warrant
Reversible error
Evidence
47. The judge informs the jurors of the law they need to know to make their decision.
Bailment
Charging the jury
Reversible error
Practice of law
48. The number of hours - or parts of an hour - that can be charged to a specific client.
Loislaw
Overrule
Self-defense
Billable hours
49. Courts that determine whether lower courts have made errors of law.
Exhaustion of administrative remedies
Appellate brief
Appellate courts
Questions of law
50. When more than one court has jurisdiction to hear a case.
Lay witness
Civil law
Third-party claim
Concurrent jurisdiction