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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. Law that deals with harm to an individual.
Remedial statute
Reverse
Competency
Civil law
2. 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.
Negligence
Arraignment
Evidence
Summons
3. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Ejusdem generis
Duress
Standing
Arrest
4. A court's power to hear only specialized cases.
Retreat exception
Limited jurisdiction
Cross-examination
Lay witness
5. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Consideration
Evidence
Road Map paragraph
6. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
No-knock warrant
Verdict
Remedial statute
Invasion of Privacy
7. A national paralegal association.
Judicial restraint
National Association of Legal Assistants (NALA) www.nala.org
Hourly rate
Legal fiction
8. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Contributory negligence
Digest
Mediation
9. The number of hours - or parts of an hour - that can be charged to a specific client.
No-knock warrant
Billable hours
Jurisdiction
American Association for Paralegal Education (AAfPE) www.aafpe.org
10. A document that lists statements regarding specific items for the other party to admit or deny.
Laws
Request for admissions
Concurrent conflict of interest
Agent
11. Not factually true - but accepted by the courts as being legally true.
Constructive
Personal recognizance bond
Federalism
Fruit of the poisonous tree doctrine
12. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Federal question jurisdiction
Relevancy
Codification of the common law
Hypertext links
13. Cases that involve different facts and/or rules of law.
Distinguishable cases
Arrest
Assumption
Remand
14. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Alternative dispute resolution (ADR)
Notice pleading
False imprisonment
Holding
15. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Statutes of limitations
Appellee or respondent
Legal malpractice
16. A law promulgated by an administrative agency.
Holding
Questions of fact
Default judgment
Regulation
17. Proof that the evidence is what it is said to be.
False imprisonment
Authentication
U.S. Supreme Court
Circumstantial evidence
18. The power of a court to hear a case.
Jurisdiction
Rule
Invasion of Privacy
Comparative negligence
19. An approach whereby the courts give a statute a narrow interpretation.
Recidivist
Strict construction
Legislative intent
Legal Reasoning
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
Relevancy
Principle
Loislaw
21. A court order requiring a person to appear to testify at a trial or deposition.
Search engine
Doctrine of implied powers
Remand
Subpoena
22. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Subpoena
Mistrial
Strict construction
Appellee or respondent
23. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Proving a case within a case
Deponent
Bailment
En banc
24. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Substantial capacity test
Concurrent conflict of interest
Internet
Res ipsa loquitur
25. Questions relating to the interpretation or application of the law.
Regulation
Questions of law
Successive conflict of interest
Rules of evidence
26. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Affirm
Reasonable suspicion
Doctrine of implied powers
Major premise
27. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Federalism
Reverse
Plain view doctrine
28. Including more than one count in a complaint; the counts do not need to be consistent.
Freelance Paralegal
Compensatory damages
Annotated statutes
Pleading in the alternative
29. The party in a case who has initiated an appeal.
Real or physical evidence
Appellate or petitioner
Irresistible impulse test
Motion for a new trial
30. Liability without having to prove fault.
Retainer agreement
Harmless error
Battered woman's or spouse's syndrome
Strict liability
31. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Summary jury trials
Secondary authority
Administrative law
32. 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.
Power of judicial review
Conflict of interest
Standing
Real Property
33. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Punitive damages
Code
Beyond a reasonable doubt
Compulsory joinder
34. Used to describe legislation that changes the common law.
Substantive law
Leading questions
Derogation of the common law
Unauthorized practice of law
35. A token sum awarded when liability has been found but monetary damages cannot be shown.
Attorney-client privilege
American Association for Paralegal Education (AAfPE) www.aafpe.org
Contingency fee
Nominal damages
36. The modern pretrial procedure by which one party gains information from the adverse party.
Motion
Discovery
Limited jurisdiction
Appellee or respondent
37. A request that the court prohibit the use of certain evidence at the trial.
Loislaw
Motion to suppress
Legal technician
Headnote
38. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Adverse possession
Dismissal with prejudice
Judicial restraint
Caption
39. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Rule
Direct examination
Cross-claim
40. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Prima facie case
Comparative negligence
Double jeopardy
Writ of certiorari
41. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Analogous cases
12(b)(6) motion
Partnership
Reverse
42. A court order requiring a party to perform a specific act or to cease doing a specific act.
Request for admissions
Injunction
Materiality
Retainer agreement
43. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Overrule
Jurisdiction
Partnership
44. The justified use of force to protect oneself or others.
Self-defense
Retainer agreement
Assumption of the risk
Statute of limitations
45. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Lay witness
Bailment
On all fours
46. The court's power to review statutes to decide whether they conform to the Constitution.
Prior case history
Tenancy in common
Judicial review
Comparative negligence
47. Evidence that suggests the defendant's innocence.
Unauthorized practice of law
En banc
Exculpatory evidence
Mens rea
48. An opinion that agrees with the majority's result but disagrees with the reasoning.
Negligence
Direct evidence
Arrest
Concurring opinion
49. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Issue of first impression
Invasion of Privacy
Product misuse
Unofficial reporter
50. 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.
Bench trial
Unauthorized practice of law
Federalism
Preponderance of the evidence