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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 claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Warrant
General jurisdiction
Statutes of limitations
Cross-claim
2. A bank account used to hold money belonging to the client or to a third party.
Answer
Treatment
Certificated
Client trust account
3. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Guardian
Liberal construction
Reverse
Comparative negligence
4. An agreement supported by consideration.
Contract
Statute in derogation of the common law
Retainer
Damages
5. Standard used by appellate courts when reviewing a trial court's findings of fact.
Arraignment
Appellant or petitioner
Fact
Clearly erroneous
6. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Injunction
Contract
Plaintiff
Minor premise
7. Generally - an emergency situation that allows a search to proceed without a warrant.
Remedial statute
Questions of law
Exigent circumstances
Writ of habeas corpus
8. Bad act.
Reprimand or censure
Conflict of interest
Actus rea
Evidence
9. Governmental publication of court opinions.
Limited jurisdiction
Summons
Deposition
Official reporter
10. A national association of paralegal associations.
Negligence
Cross-examination
Assumption of the risk
National Federation of Paralegal Associations (NFPA) www.paralegals.org
11. The party in a lawsuit against whom an appeal has been filed.
Civil law
Appellee or respondent
Intellectual Property
Cause of action
12. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Summons
Rules of criminal procedure
Legal clinic
12(b)(6) motion
13. 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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14. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Standing
Dismissal with prejudice
Mediation
Probable cause
15. The failure to act reasonably under the circumstances.
Suspension
Negligence
Preemption
Judgment notwithstanding the verdict (judgment N.O.V.)
16. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Minimum contacts
Legislative intent
Bailment
Mandatory authority
17. The number of hours - or parts of an hour - that can be charged to a specific client.
Caption
False imprisonment
Billable hours
Jurisdiction
18. The power of a court to hear a case.
Minor premise
Administrative law
Jurisdiction
On all fours
19. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Affirmative defense
Product misuse
Necessity
Answer
20. The rule that in order to claim self-defense there must have been no possibility of retreat.
Evidence
Procedural law
Retreat exception
Judgment
21. 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.
Statutes of limitations
Road Map paragraph
Motion to suppress
Case reporters
22. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Power of judicial review
Preemption
Mediation
Reverse
23. 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.
Minor premise
Miranda warnings
Negligence
Plain meaning
24. 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
Attorney-client privilege
Diversity jurisdiction
Judicial activism
Separation of powers
25. Establishes a direct link to the event that must be proven.
Annotated statutes
Subsequent case history
Peremptory challenge
Direct evidence
26. The process of organizing statutes by subject matter.
Dissenting opinion
Motion to suppress
Joint tenancy
Codification
27. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Rule
Client trust account
Legal malpractice
Leading question
28. Cases that involve different facts and/or rules of law.
U.S. district courts
Specific performance
Distinguishable cases
Affirm
29. A summary of one legal point in a court opinion; written by the editors at West.
Judicial notice
Administrative law
Exhaustion of administrative remedies
Headnote
30. 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).
Notice pleading
International Paralegal Management Association (IPMA) www.paralegal management.org
Diversity jurisdiction
Joint tenancy
31. Questions relating to what happened: who - what - when - where - and how.
Expert witness
Strict liability
Questions of fact
Ejusdem generis
32. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Tort law
Limited liability partnership (LLP)
Writ of habeas corpus
33. Cases that involve similar facts and rules of law.
Comparative negligence
Necessity
Analogous cases
Judicial activism
34. An opinion that disagrees with the majority's decision and reasoning.
Leading questions
Dissenting opinion
Self-defense
American Bar Association (ABA) www.abanet.org
35. 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.
Retreat exception
Third-party claim
Plea bargaining
Verification
36. A national organization of paralegal programs that promotes high standards for paralegal education.
Retainer
Ethical wall or screen or cone of silence
American Association for Paralegal Education (AAfPE) www.aafpe.org
Res ipsa loquitur
37. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Affirm
Defendant
Punitive damages
Liberal construction
38. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Invasion of Privacy
En banc
Substantive law
39. A request that the court release the defendant because of the illegality of the incarceration.
Materiality
Quiet enjoyment
Certificated
Writ of habeas corpus
40. A pamphlet inserted into the back of a book containing information new since the volume was published.
Lay witness
Property law
Pocket part
Contingency fee
41. Specific questions that usually demand very short or yes-no answers.
Unofficial reporter
American Association for Paralegal Education (AAfPE) www.aafpe.org
Closed Questions
Evidence
42. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Headnote
Service
Judgment notwithstanding the verdict (judgment N.O.V.)
Invasion of Privacy
43. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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44. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Remand
Bail
Actual cause
Shepardizing
45. The new legal principle established by a court opinion.
Holding
Billable hours
Official reporter
Legislative intent
46. Rules and regulations created by administrative agencies.
Statute of limitations
Appellant or petitioner
Double jeopardy
Administrative law
47. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Stare decisis
Leading question
Restatement of the Law of Torts - Second
Beyond a reasonable doubt
48. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Removal
Pinpoint cite
Statutes of limitations
49. A separable part of a statute that must be satisfied for the statute to apply.
Limited jurisdiction
Rules of evidence
Subpoena duces tecum
Statutory element
50. 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
Transition
Stare decisis
Consideration
On point