SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 publication of false statements that harm a person's reputation.
Defamation
Double jeopardy
Injunction
Original jurisdiction
2. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Materiality
Strict construction
Real property
Evidence
3. The questioning of an opposing witness.
Hypertext links
Cross-examination
Questions of law
Hourly rate
4. The modern pretrial procedure by which one party gains information from the adverse party.
Discovery
Indictment
Subsequent case history
Grand jury
5. A case listed in Shepard's that cites your case.
Writ of execution
Reverse
Citing case
Leading question
6. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Open Questions
Laws
Freelance Paralegal
7. Violation of a statute as proof of negligence
Negligence per se
Judicial restraint
Guardian
Pleading in the alternative
8. Generally - an emergency situation that allows a search to proceed without a warrant.
Standing
Rules of evidence
Respondeat superior
Exigent circumstances
9. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Pinpoint cite
Judgment notwithstanding the verdict (judgment N.O.V.)
Answer
Quiet enjoyment
10. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Dictum
Shepardizing
Original jurisdiction
Jurisdiction
11. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Competency
U.S. Supreme Court
Summons
Personal property
12. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Specific performance
Service
Citing case
Concurring opinion
13. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Pocket part
Separation of powers
Ethical wall or screen or cone of silence
14. 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.
Relevancy
Plain view doctrine
Full-text searches
Stop and frisk
15. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Preponderance of the evidence
Legislative intent
Probable cause
Joint tenancy
16. Cases that involve similar facts and rules of law.
Analogous cases
Active Listening
Full-text database
Bail
17. Land and objects permanently attached to land.
Real property
Certified
Guardian
Mens rea
18. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Harmless error
Negligence per se
Confidentiality
Primary authority
19. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Indictment
Notice pleading
Negligence
20. Evidence that suggests the defendant's innocence.
Motion in limine
Compensatory damages
Pocket part
Exculpatory evidence
21. Something of value exchanged to form the basis of a contract.
Exigent circumstances
Harmless error
Consideration
Legal Research
22. The pleading that begins a lawsuit.
Prima facie case
Complaint
Motion
Full-text database
23. Liability without having to prove fault.
Specific performance
Hearsay
Strict liability
Competency
24. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Respondeat superior
Real or physical evidence
Leading question
Reverse
25. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Contributory negligence
Self-defense
Actual cause
26. The tenant's right to be free from interference from the landlord with respect to how the property is used.
En banc
Tenancy by the entirety
Case reporters
Quiet enjoyment
27. A person who initiates a lawsuit.
Plaintiff
Third-party claim
Restatement of the Law of Torts - Second
Negligence
28. A request made to the court.
Motion
Contingency fee
Pocket part
Compensatory damages
29. A court opinion that establishes new law in an important area.
Motion for a new trial
Respondeat superior
Landmark decision
Exclusive jurisdiction
30. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Assumption of the risk
Warrant
Stop and frisk
31. A suspicion based on specific facts; less than probable cause.
Citation
Evidence
Reasonable suspicion
Affirmative defense
32. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Bail
Negligence per se
Verification
Recidivist
33. A claim by the defendant against the plaintiff.
Booking
Prima facie case
Voir dire
Counterclaim
34. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Dismissal with prejudice
Suspension
Professional Corporation (PC)
35. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Exclusive jurisdiction
Respondeat superior
Personal property
Popular name table
36. When a higher court agrees with what lower court has done.
On all fours
Enabling act
Holding
Affirm
37. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
Best evidence rule
Case reporters
Minimum contacts
38. 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.
Remand
Standing
Strict liability
Laws
39. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Reversible error
Case reporters
Concurrent jurisdiction
40. 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.
Hearsay
Codification of the common law
Product misuse
Compulsory joinder
41. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Dissenting opinion
Federalism
Liberal construction
Alternative dispute resolution (ADR)
42. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Plain view doctrine
Reprimand or censure
Fruit of the poisonous tree doctrine
Irresistible impulse test
43. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Defamation
Entrapment
Implied warranty of habitability
Successive conflict of interest
44. A national association of paralegal managers.
Procedural facts
International Paralegal Management Association (IPMA) www.paralegal management.org
Mandatory authority
Full-text searches
45. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Questions of law
Comparative negligence
Pleadings
Statutes of limitations
46. A bank account used to hold money belonging to the client or to a third party.
Inculpatory evidence
Legal technician
Cross-claim
Client trust account
47. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Statutes of limitations
Grand jury
Rules of criminal procedure
Unauthorized practice of law
48. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Major premise
Active Listening
Transition
Lay advocate
49. A set of standardized jury instructions.
Appellee or respondent
Original jurisdiction
Authentication
Pattern jury instructions
50. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Open Questions
Hearsay
Intellectual Property
Contingency Fee