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Test your basic knowledge |
Paralegal 101
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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. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Rules of evidence
Derogation of the common law
Black-letter law
2. A provision that purports to waive liability.
Limited liability partnership (LLP)
Holding
Exculpatory clause
Judgment notwithstanding the verdict (judgment N.O.V.)
3. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Codification of the common law
Reversible error
Personal property
4. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Narrow Holding
Remedial statute
Judgment
Entrapment
5. 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
Regulation
Broad holding
Registration
Stare decisis
6. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Code
Concurrent jurisdiction
Subsequent case history
Nolo contendere
7. Monetary compensation - including compensatory - punitive - and nominal damages.
Joint tenancy
Legal fiction
Damages
Statutory element
8. Without the need for a warrant - the police may seize objects that are openly visible.
Joint tenancy
Persuasive authority
Plain view doctrine
Secondary authority
9. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Subpoena duces tecum
Leading questions
Ejusdem generis
Annotated statutes
10. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Implied warranty of habitability
Harmless error
Evidence
Contingency fee
11. An approach whereby the courts give a statute a broad interpretation.
Statutory element
Liberal construction
Verification
Pretrial conference
12. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Questions of fact
Unauthorized practice of law
Assumption
13. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Substantive law
Clear and convincing
Arbitration
14. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Statutes at large or session laws
Concluding paragraph
International Paralegal Management Association (IPMA) www.paralegal management.org
15. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Nolo contendere
Duress
Implied warranty of habitability
Valid
16. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Tenancy by the entirety
General jurisdiction
Client trust account
17. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Procedural facts
Contract
Agent
Registration
18. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Principle
Issue
Derogation of the common law
Dictum
19. A worldwide network of computer networks.
Rule
Case citation
Comparative negligence
Internet
20. The rule requiring that the original document be produced at trial.
Proving a case within a case
Summons
Best evidence rule
Pleading in the alternative
21. Federal and state rules that govern the admissibility of evidence in court.
Official reporter
Personal property
Confidentiality
Rules of evidence
22. 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.
Defamation
Battered woman's or spouse's syndrome
Unofficial reporter
Statute of limitations
23. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Registration
Remand
Class action suit
Service
24. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Prima facie case
Plea bargaining
Retainer agreement
Writ of habeas corpus
25. A determination that an attorney may not practice law for a set period of time.
Inculpatory evidence
Products liability
Equity
Suspension
26. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Judicial restraint
Writ of execution
Full-text searches
Judicial notice
27. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Appellant or petitioner
Confidentiality
On point
28. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Contingency fee
Real property
Intellectual Property
Road Map paragraph
29. 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.
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30. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Probable cause
Persuasive authority
Expert witness
Evidence
31. In a case brief - the general legal principle in existence before the case began.
Documentary evidence
Rule
Evidence
Attorney-client privilege
32. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Default judgment
Clear and convincing
Directed verdict
Hypertext links
33. Also known as real estate; land and items growing on or permanently attached to that land.
Questions of law
Affirm
Real Property
Corroborative evidence
34. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Concurring opinion
Substantive facts
Tenancy in common
35. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
Reasonable suspicion
Retainer
Tort law
36. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Arraignment
International Paralegal Management Association (IPMA) www.paralegal management.org
Exculpatory clause
Constructive eviction
37. 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.
per curium
Closed Questions
Regulation
Arbitration
38. Violation of a statute as proof of negligence
Fixed Fee
Negligence per se
Appellee or respondent
Code of Federal Regulations (C.F.R.)
39. 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.
Major premise
Materiality
Summons
Hearsay
40. A statute establishing and setting out the powers of an administrative agency.
Bill of Rights
Tenancy by the entirety
Enabling act
Search engine
41. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Assumption of the risk
Internet
Miranda warnings
42. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Motion
Miranda warnings
Nolo contendere
Res ipsa loquitur
43. The requirement that relief be sought from an administrative agency before proceeding to court.
Writ of execution
Lay advocate
Exhaustion of administrative remedies
Exclusionary rule
44. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Remand
Compulsory joinder
Direct examination
Complaint
45. A request that the court prohibit the use of certain evidence at the trial.
Constructive
Probable cause
Motion to suppress
Evidence
46. A public or private statement that an attorney's conduct violated the code of ethics.
Circumstantial evidence
Notice pleading
Reprimand or censure
Counterclaim
47. Law dealing with ownership.
Respondeat superior
Property law
Laws
Guardian
48. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Defamation
Assumption of the risk
Corroborative evidence
49. Cases that involve different facts and/or rules of law.
Exclusionary rule
Distinguishable cases
American Bar Association (ABA) www.abanet.org
Intellectual Property
50. The papers that begin a lawsuit-generally - the complaint and the answer.
Personal recognizance bond
Mistrial
Notice
Pleadings
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