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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 national association of paralegal managers.
Contributory negligence
Interrogatories
Court of record
International Paralegal Management Association (IPMA) www.paralegal management.org
2. A compilation of federal administrative regulations arranged by agency.
Overrule
Code of Federal Regulations (C.F.R.)
Corroborative evidence
Official reporter
3. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Alternative dispute resolution (ADR)
Comparative negligence
Leading question
Legal technician
4. A meeting of the attorneys and the judge prior to the beginning of the trial.
Statutory element
Assumption of the risk
Pretrial conference
Concluding paragraph
5. A trial conducted without a jury.
Notice pleading
Bench trial
Real Property
Concurring opinion
6. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Direct evidence
Derogation of the common law
Federal question jurisdiction
7. Used to describe legislation that changes the common law.
Expert witness
Derogation of the common law
Code
Pleading in the alternative
8. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Punitive damages
Preemption
Original jurisdiction
9. A defense whereby the defendant offers new evidence to avoid judgment.
Exculpatory evidence
Contract
Affirmative defense
Professional judgment
10. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Court of record
Recidivist
Major premise
11. When only one court has the power to hear a case.
Harmless error
Notice pleading
Exclusive jurisdiction
Westlaw
12. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
No-knock warrant
Exculpatory evidence
Westlaw
Rule 56 motion (summary judgment motion)
13. 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.
Separation of powers
Full-text searches
Minimum contacts
Authentication
14. 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.
Arrest
Pleadings
Procedural facts
Intellectual Property
15. The modern pretrial procedure by which one party gains information from the adverse party.
Double jeopardy
Discovery
Subpoena duces tecum
Contributory negligence
16. A defense whereby the defendant offers new evidence to avoid judgment.
Road Map paragraph
Partnership
Affirmative defense
Clear and convincing
17. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Confidentiality
Answer
Appellant or petitioner
Actus rea
18. The rule that in order to claim self-defense there must have been no possibility of retreat.
Laws
Vicarious representation
Substantial capacity test
Retreat exception
19. Federal and state rules that govern the admissibility of evidence in court.
Challenge for cause
Rules of evidence
Actus rea
Minor premise
20. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Notice pleading
Federal question jurisdiction
Practice of law
21. 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.
Broad holding
Prima facie case
Arbitration
Popular name table
22. To perform.
Holding
Execute
Count
U.S. district courts
23. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Billable hours
Judicial restraint
Motion
24. All property that is not real property.
Retainer agreement
Personal property
Property law
Reverse
25. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Expert witness
Personal property
Annotated statutes
26. Federal and state rules that regulate how criminal proceedings are conducted.
Certified
Evidence
Rules of criminal procedure
Contributory negligence
27. A set charge for a specific service - such as drafting a simple will.
Removal
Holding
Fixed Fee
Lay a foundation
28. The reference to a particular page within an opinion.
Execute
Pinpoint cite
Jurisdiction
Pretrial motion
29. A fee calculated as a percentage of the settlement or award in the case.
Appellant or petitioner
Clearly erroneous
Separation of powers
Contingency Fee
30. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Internet
Stop and frisk
Plea bargaining
Deponent
31. A token sum awarded when liability has been found but monetary damages cannot be shown.
Voir dire
Service
Exhaustion of administrative remedies
Nominal damages
32. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Strict construction
Plain meaning
Unofficial reporter
Majority opinion
33. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
U.S. district courts
Duress
Beyond a reasonable doubt
Intellectual Property
34. A statute establishing and setting out the powers of an administrative agency.
Count
Exculpatory clause
Vicarious representation
Enabling act
35. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Concurrent conflict of interest
Mediation
Documentary evidence
36. Court decisions from a higher court in the same jurisdiction.
Respondeat superior
Substantive facts
Documentary evidence
Mandatory authority
37. The revocation of an attorney's license.
Harmless error
Substantial capacity test
Legislative intent
Disbarment
38. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Treatment
Loislaw
Strict liability
Third-party claim
39. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Dissenting opinion
Holding
Damages
Best evidence rule
40. An opinion that agrees with the majority's result but disagrees with the reasoning.
Real Property
Reprimand or censure
Concurring opinion
Retreat exception
41. Generally - an emergency situation that allows a search to proceed without a warrant.
Nominal damages
Certificated
Challenge for cause
Exigent circumstances
42. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Unauthorized practice of law
Issue
Stop and frisk
Principle
43. Monetary compensation - including compensatory - punitive - and nominal damages.
Reprimand or censure
Damages
On all fours
Defendant
44. The failure to act reasonably under the circumstances.
Westlaw
Negligence
Legal malpractice
Actus rea
45. A request that the court prohibit the use of certain evidence at the trial.
Double jeopardy
Holding
Mediation
Motion to suppress
46. The division of governmental power among the legislative - executive - and judicial branches.
Persuasive authority
Legislative history
Assumption
Separation of powers
47. An advance or down payment that is given to engage the services of an attorney.
Retainer agreement
Removal
Retainer
Comparative negligence
48. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Vicarious representation
Clearly erroneous
Strict construction
Dismissal with prejudice
49. A court opinion that establishes new law in an important area.
Landmark decision
Annotated statutes
Contributory negligence
Probable cause
50. The general jurisdiction trial courts in the federal system.
U.S. district courts
Exculpatory evidence
Pocket part
Joint tenancy