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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. The tenant's right to be free from interference from the landlord with respect to how the property is used.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Closed Questions
Plaintiff
Quiet enjoyment
2. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Assumption of the risk
Client trust account
Power of judicial review
Exclusionary rule
3. When an appellate court that normally sits in panels sits as a whole.
Contributory negligence
Issue
En banc
Third-party claim
4. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Cause of action
Judgment
Motion
American Bar Association (ABA) www.abanet.org
5. The court's power to review statutes to decide whether they conform to the Constitution.
Removal
Evidence
Judicial review
Annotated statutes
6. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Syllabus
Third-party claim
Substantial capacity test
Preemption
7. A book that contains court opinion headnotes arranged by subject matter.
Judgment proof
Contributory negligence
Digest
Adverse possession
8. A public or private statement that an attorney's conduct violated the code of ethics.
Documentary evidence
Class action suit
Reprimand or censure
Shepardizing
9. Written questions sent by one side to the opposing side - answered under oath.
Transition
Mediation
Majority opinion
Interrogatories
10. The tort theory that an employer can be sued for the negligent acts of its employees.
Comparative negligence
Pretrial conference
Respondeat superior
Unauthorized practice of law
11. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Exculpatory clause
Certified
Leading question
Pleadings
12. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Verification
Pleading in the alternative
Reverse
Retainer agreement
13. 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.
Motion for a new trial
Double jeopardy
Distinguishable cases
Model Rules of Professional Conduct
14. A court's power to hear only specialized cases.
Respondeat superior
12(b)(6) motion
Limited jurisdiction
Remand
15. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Statute of limitations
Motion
Circumstantial evidence
16. A determination that an attorney may not practice law for a set period of time.
Harmless error
Suspension
Damages
Client trust account
17. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
On all fours
Reversible error
Grand jury
Concurrent jurisdiction
18. The process of properly identifying and authenticating evidence so that it can be introduced.
Subject matter jurisdiction
Lay a foundation
Motion to suppress
Stop and frisk
19. Governmental publication of court opinions.
Appellant or petitioner
Official reporter
Complaint
Expert witness
20. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Dictum
Verification
Motion to suppress
21. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Loislaw
Subject matter jurisdiction
Negligence per se
22. Law that deals with harm to an individual.
Easement
Civil law
Pocket part
Model Rules of Professional Conduct
23. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Assumption of the risk
Issue
Common law
24. A provision that purports to waive liability.
Fixed Fee
Challenge for cause
Persuasive authority
Exculpatory clause
25. Voluntarily and knowingly subjecting oneself to danger.
Pocket part
Void for vagueness
Assumption of the risk
Substantive law
26. The pleading that begins a lawsuit.
Complaint
Remand
Judicial restraint
Products liability
27. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Cause of action
Easement
Overbreadth
28. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Procedural facts
Rule 56 motion (summary judgment motion)
Leading question
Proving a case within a case
29. Law that deals with harm to a person or a person's property.
Contingency fee
Tort law
Evidence
Secondary authority
30. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Questions of fact
Plain view doctrine
Peremptory challenge
31. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Subsequent case history
Exigent circumstances
Client trust account
Dismissal with prejudice
32. An approach whereby the courts give a statute a narrow interpretation.
Code
Legal services offices
Strict construction
Assumption
33. A statement in a judicial opinion not necessary for the decision of the case.
Lay a foundation
Directed verdict
Dictum
Legal clinic
34. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Writ of certiorari
Joint tenancy
Alternative dispute resolution (ADR)
Case reporters
35. Questions that suggest the answer.
Headnote
Holding
Defendant
Leading questions
36. 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.
Writ of habeas corpus
Procedural facts
Compulsory joinder
Rule
37. Violation of a statute as proof of negligence
Negligence per se
Judicial review
Nominal damages
Distinguishable cases
38. The chronological publication of statutes at the end of a legislative session.
Statutes at large or session laws
Counterclaim
Writ of certiorari
Primary authority
39. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Dissenting opinion
Concurrent jurisdiction
Legal services offices
40. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Derogation of the common law
Necessity
Reverse
41. 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.
Standing
Alternative dispute resolution (ADR)
Overrule
Plea bargaining
42. A law enacted by a state legislature or by Congress.
Certified
Charging the jury
Entrapment
Statute
43. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Appellee or respondent
Compensatory damages
Black-letter law
Defendant
44. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Codification
Hearsay
Default judgment
45. Courts that determine whether lower courts have made errors of law.
Motion to suppress
Professional Corporation (PC)
Appellate courts
Jurisdiction
46. A suspicion based on specific facts; less than probable cause.
Conflict of interest
Cross-claim
Legal fiction
Reasonable suspicion
47. All property that is not real property.
Personal property
Pocket part
Pretrial conference
Model Rules of Professional Conduct
48. 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.
Product misuse
Easement
Internet
Leading questions
49. A computerized database that contains key information about the content of documents - such as medical records.
Arrest
Ethical wall or screen or cone of silence
Writ of execution
Structured database
50. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Headnote
Statutes of limitations
Removal
Valid
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