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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 decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Overrule
Discovery
Lay witness
Injunction
2. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Original jurisdiction
Legal technician
Internet
Code of Federal Regulations (C.F.R.)
3. Generally - an emergency situation that allows a search to proceed without a warrant.
12(b)(6) motion
Remand
Exigent circumstances
Eminent Domain
4. The tort theory that an employer can be sued for the negligent acts of its employees.
Treatment
Disbarment
Assumption of the risk
Respondeat superior
5. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Preemption
Subsequent case history
Rule 56 motion (summary judgment motion)
Writ of certiorari
6. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Headnote
Judgment proof
Dictum
7. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Conflict of interest
Statute
Grand jury
8. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Defamation
Strict liability
Verification
Joint tenancy
9. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Writ of execution
Attorney-client privilege
Concurrent jurisdiction
Minimum contacts
10. The rules whereby all members of a law firm are treated as though they had represented the former client.
Substantive facts
Negligence
Exhaustion of administrative remedies
Vicarious representation
11. A defense whereby the defendant offers new evidence to avoid judgment.
Personal property
Pinpoint cite
Substantial capacity test
Affirmative defense
12. A form in which statutes are published; they are printed individually at the time they are first enacted.
Judgment
Official reporter
Slip laws
M'Naghten test
13. 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
Diversity jurisdiction
American Association for Paralegal Education (AAfPE) www.aafpe.org
Duress
Mens rea
14. Liability without a showing of fault.
Strict liability
Arraignment
Professional judgment
Issue
15. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Clear and convincing
Insanity defense
Invasion of Privacy
16. The transfer of a case from one state court to a federal court.
Defendant
Issue
Removal
Substantial capacity test
17. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Statute in derogation of the common law
Affirm
Legislative history
Court of record
18. Violation of a statute as proof of negligence
Shepardizing
Best evidence rule
Negligence per se
Distinguishable cases
19. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Reverse
Vicarious representation
Judicial notice
Codification of the common law
20. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Adverse possession
Plain meaning
Motion
Bench trial
21. Voluntarily and knowingly subjecting oneself to danger.
Assumption
Assumption of the risk
Full-text searches
Execute
22. An opinion that agrees with the majority's result but disagrees with the reasoning.
Materiality
Primary authority
Recklessness
Concurring opinion
23. In a complaint - one cause of action.
Count
Disbarment
Dissenting opinion
Request for admissions
24. A bank account used to hold money belonging to the client or to a third party.
Appellate courts
Client trust account
Strict liability
Tort law
25. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Expert witness
Exclusive jurisdiction
Battered woman's or spouse's syndrome
26. An opinion that disagrees with the majority's decision and its reasoning.
Charging the jury
Dissenting opinion
Internet
Interrogatories
27. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
Duress
Syllabus
Dissenting opinion
28. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Cross-claim
Court of record
Distinguishable cases
Punitive damages
29. A court order requiring a party to perform a specific act or to cease doing a specific act.
Internet
Self-defense
Injunction
Regulation
30. A court's prior permission for the police to search and seize.
Reverse
Stare decisis
Warrant
Removal
31. Law that deals with harm to a person or a person's property.
Disposition
Paralegal
Unauthorized practice of law
Tort law
32. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Broad holding
Headnote
Confidentiality
Mandatory authority
33. Disregarding a substantial and unjustifiable risk that harm will result.
Statute of limitations
Recklessness
National Association of Legal Assistants (NALA) www.nala.org
Negligence per se
34. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Popular name table
Case citation
Property
Motion
35. An agreement supported by consideration.
Contract
Probable cause
Concurrent jurisdiction
Defendant
36. An actual incident or condition; not a legal consequence.
Pretrial motion
Fact
Tenancy in common
On all fours
37. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Narrow Holding
Stop and frisk
Reverse
Legal Reasoning
38. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Warrant
Assault
Issue
Assumption of the risk
39. 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
Indictment
Code of Federal Regulations (C.F.R.)
Testimonial evidence
40. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Holding
Judicial restraint
Assault
Alternative dispute resolution (ADR)
41. An approach whereby the courts give a statute a broad interpretation.
Compulsory joinder
Negligence per se
Relevancy
Liberal construction
42. 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.
Prima facie case
Mediation
Civil law
Narrow Holding
43. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Retainer agreement
Discovery
Reversible error
44. A trial conducted without a jury.
Nominal damages
Bench trial
Persuasive authority
Legal fiction
45. Courts that determine whether lower courts have made errors of law.
Hourly rate
Administrative law
Appellate courts
Real property
46. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Common law
Legal services offices
Legal fiction
General jurisdiction
47. 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.
Real property
Contingency Fee
Appellate or petitioner
Model Rules of Professional Conduct
48. A statute that changes the common law.
Statute in derogation of the common law
Bailment
No-knock warrant
Warrant
49. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
Codification
On point
Annotated statutes
50. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Product misuse
Recklessness
Legal Reasoning