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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. An opinion that agrees with the majority's result but disagrees with its reasoning.
Codification of the common law
Concurring opinion
Overrule
Constitutional law
2. The result reached in a particular case.
Bailment
Disposition
Circumstantial evidence
Clear and convincing
3. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Prima facie case
Invasion of Privacy
Legal malpractice
Materiality
4. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Partnership
Procedural facts
Complaint
Full-text searches
5. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Res ipsa loquitur
Overrule
Statute of limitations
Entrapment
6. The person who is being asked questions at a deposition.
Partnership
Certified
Deponent
Limited liability partnership (LLP)
7. 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
Interrogatories
Citation
Diversity jurisdiction
Assumption of the risk
8. The party in a case who has initiated an appeal.
Questions of fact
Appellate or petitioner
Rule 56 motion (summary judgment motion)
Proving a case within a case
9. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Clearly erroneous
Potential conflict
U.S. Court of Appeals
Overrule
10. The modern pretrial procedure by which one party gains information from the adverse party.
Pattern jury instructions
Discovery
Certificated
Contract
11. A book that contains court opinion headnotes arranged by subject matter.
Digest
Unauthorized practice of law
On all fours
Rule 56 motion (summary judgment motion)
12. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Punitive damages
En banc
Probable cause
Code of Federal Regulations (C.F.R.)
13. An approach whereby the courts give a statute a narrow interpretation.
Harmless error
Attorney-client privilege
Strict construction
Miranda warnings
14. Evidence that suggests the defendant's innocence.
Legal malpractice
Specific performance
Eminent Domain
Exculpatory evidence
15. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Warrant
Booking
Minimum contacts
16. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
International Paralegal Management Association (IPMA) www.paralegal management.org
Warrant
Alternative dispute resolution (ADR)
Procedural law
17. The failure to act reasonably under the circumstances.
Minimum contacts
Documentary evidence
Directed verdict
Negligence
18. Law that deals with harm to society as a whole.
Pretrial motion
Guardian
Statutes at large or session laws
Criminal law
19. A claim by the defendant against the plaintiff.
Counterclaim
Assault
Charging the jury
Subpoena
20. A request that the court prohibit the use of certain evidence at the trial.
Personal property
Remand
Motion to suppress
Statutes of limitations
21. Questions that suggest the answer.
Disbarment
Suspension
Leading questions
Lay witness
22. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Exhaustion of administrative remedies
Westlaw
Leading question
Duress
23. The educated ability to apply law to specific facts.
Issue of first impression
Professional judgment
Legal Reasoning
Billable hours
24. A request that the court release the defendant because of the illegality of the incarceration.
Subsequent case history
Issue
Nominal damages
Writ of habeas corpus
25. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Deposition
En banc
Authentication
26. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Appellate or petitioner
Compensatory damages
Exculpatory evidence
27. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Questions of fact
Pleadings
Testimonial evidence
28. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Deposition
Subsequent case history
Statutes at large or session laws
Unofficial reporter
29. 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.
Procedural facts
Cause of action
Joint tenancy
Writ of certiorari
30. The questioning of an opposing witness.
Direct examination
Legal malpractice
Cross-examination
Dismissal with prejudice
31. 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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32. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Exclusionary rule
Authentication
Strict liability
Exculpatory clause
33. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Comparative negligence
Harmless error
Personal property
34. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Legal Reasoning
Partnership
Notice pleading
Concluding paragraph
35. All property that is not real property.
Irresistible impulse test
Defamation
Personal property
Assumption of the risk
36. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Holding
Exculpatory clause
Confidentiality
Judgment proof
37. An intentional act that creates a harmful or offensive physical contact.
Defamation
Dissenting opinion
Battery
Motion
38. Indirect evidence - used to prove facts by implication.
Circumstantial evidence
Damages
Partnership
Comparative negligence
39. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Laws
Pattern jury instructions
Notice pleading
Transition
40. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Inculpatory evidence
Service
Codification of the common law
41. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Code of Federal Regulations (C.F.R.)
Administrative law
Holding
42. An opinion that disagrees with the majority's decision and its reasoning.
Statute in derogation of the common law
Lay a foundation
Dissenting opinion
Limited liability partnership (LLP)
43. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Caption
Reverse
Assumption of the risk
Bench trial
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.
Actual cause
Bail
Statutes of limitations
Evidence
45. Bad intent.
Assumption
Verification
Mens rea
Double jeopardy
46. The power of a court to force a person to appear before it.
Hypertext links
Court of record
Personal jurisdiction
Canons of construction
47. The court's power to review statutes to decide whether they conform to the Constitution.
Persuasive authority
Implied warranty of habitability
Judicial review
Motion to require a finding of not guilty
48. A repeat offender; one who continues to commit more crimes.
Ethical wall or screen or cone of silence
Internet
Narrow Holding
Recidivist
49. Not factually true - but accepted by the courts as being legally true.
False imprisonment
Constructive
Holding
Exculpatory clause
50. The justified use of force to protect oneself or others.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Counterclaim
Self-defense
Bill of Rights