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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. 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.
Subsequent case history
Open Questions
Plea bargaining
Minimum contacts
2. An opinion that disagrees with the majority's decision and its reasoning.
Lexis
Inculpatory evidence
Dissenting opinion
Motion to suppress
3. An agreement supported by consideration.
Fixed Fee
Contract
M'Naghten test
Peremptory challenge
4. A calendering system that records key dates and important deadlines.
Limited jurisdiction
Active Listening
Issue
Tickler System
5. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Dictum
Legal malpractice
Minimum contacts
Primary authority
6. 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).
Charging the jury
Joint tenancy
Legal writing
Concurrent conflict of interest
7. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Evidence
Tenancy in common
Subsequent case history
8. A provision that purports to waive liability.
Double jeopardy
Cause of action
Exculpatory clause
Subpoena duces tecum
9. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Concurring opinion
Notice
Nolo contendere
Retainer agreement
10. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Nominal damages
Certificated
Easement
11. A book that contains court opinion headnotes arranged by subject matter.
Corroborative evidence
Limited liability partnership (LLP)
Judicial restraint
Digest
12. A determination that an attorney may not practice law for a set period of time.
Recklessness
Suspension
Billable hours
Statutes of limitations
13. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Attorney-client privilege
Notice
Disposition
14. Establishes a direct link to the event that must be proven.
Direct evidence
Assumption of the risk
Exculpatory clause
Motion
15. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Motion for a new trial
Tenancy in common
Road Map paragraph
Comparative negligence
16. A token sum awarded when liability has been found but monetary damages cannot be shown.
Default judgment
Prima facie case
Ejusdem generis
Nominal damages
17. A case listed in Shepard's that cites your case.
Tenancy in common
On all fours
Citing case
Motion in limine
18. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Conflict of interest
Duress
Summons
Valid
19. The modern pretrial procedure by which one party gains information from the adverse party.
Corroborative evidence
Discovery
Strict liability
Directed verdict
20. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Concurrent conflict of interest
Issue of first impression
Default judgment
Discovery
21. A worldwide network of computer networks.
Rule
Administrative law
Nominal damages
Internet
22. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Concurring opinion
Statute of limitations
Substantial capacity test
23. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Personal property
Prima facie case
Insanity defense
Headnote
24. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Expert witness
Judicial restraint
Lay a foundation
Pleading in the alternative
25. A set of standardized jury instructions.
Pattern jury instructions
Statutes of limitations
Motion for a new trial
Self-defense
26. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Bail
Codification
Punitive damages
Case citation
27. A tangible object or a right or ownership interest.
Invasion of Privacy
Property
Remand
Reverse
28. The party in a case who has initiated an appeal.
No-knock warrant
Appellate or petitioner
Stare decisis
Separation of powers
29. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Rule 56 motion (summary judgment motion)
Treatment
Confidentiality
Citing case
30. An issue that the court has never faced before.
Legislative intent
Leading questions
Issue of first impression
On all fours
31. A witness who has not been shown to have any special expertise.
Statutory element
Count
Syllabus
Lay witness
32. Questions that suggest the answer.
Contributory negligence
Leading questions
Harmless error
Answer
33. An advance or down payment that is given to engage the services of an attorney.
Internet
Retainer
Loislaw
Principle
34. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Harmless error
American Association for Paralegal Education (AAfPE) www.aafpe.org
Loislaw
Arbitration
35. 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.
Lay a foundation
Miranda warnings
Power of judicial review
per curium
36. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Mistrial
Retainer agreement
Battered woman's or spouse's syndrome
37. The intermediate appellate courts in the federal system.
U.S. Court of Appeals
Tort law
Transition
Recklessness
38. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Narrow Holding
Actus rea
Procedural law
39. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Broad holding
Professional Corporation (PC)
Guardian
Prior case history
40. Bad intent.
Defendant
Derogation of the common law
Mens rea
Count
41. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Primary authority
Grand jury
Verdict
Paralegal
42. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Major premise
Assumption of the risk
Alternative dispute resolution (ADR)
Attorney-client privilege
43. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Quiet enjoyment
American Bar Association (ABA) www.abanet.org
Prior case history
Verdict
44. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Criminal law
Slip laws
Open Questions
45. Evidence that suggests the defendant's guilt.
Assumption
Inculpatory evidence
Products liability
Judgment proof
46. A set charge for a specific service - such as drafting a simple will.
Paralegal
Probable cause
Mistrial
Fixed Fee
47. A defense whereby the defendant offers new evidence to avoid judgment.
Lay a foundation
Affirmative defense
Narrow Holding
Pinpoint cite
48. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Bench trial
Contributory negligence
Writ of execution
Affirm
49. A special type of joint tenancy applicable only to married couples.
Intentional tort
Removal
U.S. Court of Appeals
Tenancy by the entirety
50. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Quiet enjoyment
Stare decisis
Model Rules of Professional Conduct
Registration