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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 statute that changes the common law.
Statute in derogation of the common law
Issue
Inculpatory evidence
Plain view doctrine
2. A meeting of the attorneys and the judge prior to the beginning of the trial.
Substantial capacity test
Prima facie case
Pretrial conference
Unofficial reporter
3. Any tangible object - like a bloody glove.
Concurrent conflict of interest
Broad holding
per curium
Real or physical evidence
4. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Contract
Adverse possession
Negligence per se
Concluding paragraph
5. A court's power to hear only specialized cases.
Real property
Counterclaim
Grand jury
Limited jurisdiction
6. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Hypertext links
Appellee or respondent
Holding
7. The new legal principle established by a court opinion.
Regulation
Harmless error
Holding
Procedural law
8. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Summary jury trials
Majority opinion
Statute in derogation of the common law
Exigent circumstances
9. The person who is being asked questions at a deposition.
Full-text database
Compensatory damages
Deponent
Dissenting opinion
10. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Tickler System
Necessity
Legal services offices
Proving a case within a case
11. The law itself - such as statutes and court opinions.
Charging the jury
Successive conflict of interest
Primary authority
Derogation of the common law
12. Rules of conduct promulgated and enforced by the government.
Full-text searches
Transition
Motion to suppress
Laws
13. The party in a case who has initiated an appeal.
Black-letter law
Notice
Appellate or petitioner
Specific performance
14. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Legal clinic
Subject matter jurisdiction
Contributory negligence
Nominal damages
15. Rules and regulations created by administrative agencies.
Headnote
National Association of Legal Assistants (NALA) www.nala.org
Administrative law
Dismissal with prejudice
16. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
12(b)(6) motion
Peremptory challenge
Guardian
International Paralegal Management Association (IPMA) www.paralegal management.org
17. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Arraignment
Judicial review
Civil law
18. 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 jurisdiction
Professional judgment
Prima facie case
Exculpatory evidence
19. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
Ejusdem generis
Damages
Restatement of the Law of Torts - Second
20. A national voluntary organization of lawyers.
Relevancy
American Bar Association (ABA) www.abanet.org
Contingency Fee
Verdict
21. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Lay witness
Mediation
Grand jury
22. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Major premise
Jurisdiction
Broad holding
Assumption of the risk
23. 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.
Judicial activism
Interrogatories
Standing
Pretrial motion
24. The chronological publication of statutes at the end of a legislative session.
Harmless error
Reverse
Judicial review
Statutes at large or session laws
25. Land and objects permanently attached to land.
Punitive damages
Relevancy
Real property
Retreat exception
26. The rule requiring that the original document be produced at trial.
Rules of evidence
Official reporter
Negligence per se
Best evidence rule
27. 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.
Limited jurisdiction
Codification of the common law
Constitutional law
Cause of action
28. In a complaint - one cause of action.
Doctrine of implied powers
Annotated statutes
Judicial activism
Count
29. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Charging the jury
Arbitration
Professional Corporation (PC)
Real Property
30. A request made to the court.
Retainer agreement
Open Questions
Plain view doctrine
Motion
31. Governmental publication of court opinions.
Internet
Legal technician
Preponderance of the evidence
Official reporter
32. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Questions of law
Double jeopardy
Legal Reasoning
Subject matter jurisdiction
33. A trial court error that is not sufficient to warrant reversing the decision.
Narrow Holding
Clear and convincing
Doctrine of implied powers
Harmless error
34. In a case brief - facts that deal with what happened to the parties before the litigation began.
Corroborative evidence
Notice pleading
Paralegal
Substantive facts
35. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Arbitration
Assumption of the risk
Hearsay
Contributory negligence
36. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Attorney-client privilege
Statute of limitations
Unofficial reporter
Structured database
37. A token sum awarded when liability has been found but monetary damages cannot be shown.
Comparative negligence
Diversity jurisdiction
Statutory element
Nominal damages
38. In logic - a belief that justifies one in arguing a conclusion.
Exclusive jurisdiction
Popular name table
Assumption
Request for admissions
39. Violation of a statute as proof of negligence
Negligence per se
Contingency fee
Slip laws
Exhaustion of administrative remedies
40. 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
Pretrial conference
Bench trial
On all fours
41. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Insanity defense
Contingency fee
Affirm
Code of Federal Regulations (C.F.R.)
42. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Directed verdict
Entrapment
Federalism
Answer
43. 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
Stare decisis
Complaint
Joint tenancy
Entrapment
44. An issue that the court has never faced before.
Issue of first impression
Statute in derogation of the common law
Standing
Criminal law
45. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Fruit of the poisonous tree doctrine
Double jeopardy
Procedural facts
46. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Jurisdiction
Citation
Booking
Statutory element
47. An agreement supported by consideration.
Contract
Notice
Strict liability
Legal technician
48. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Canons of construction
Original jurisdiction
Recidivist
49. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bill of Rights
Citing case
Common law
Bailment
50. An opinion that disagrees with the majority's decision and reasoning.
Plain meaning
Common law
Dissenting opinion
Discovery