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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 witness who has not been shown to have any special expertise.
Answer
Lay witness
Active Listening
Direct evidence
2. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Contingency Fee
Common law
Legal malpractice
3. A bank account used to hold money belonging to the client or to a third party.
Plaintiff
Subsequent case history
Affirmative defense
Client trust account
4. An issue that the court has never faced before.
Issue of first impression
National Association of Legal Assistants (NALA) www.nala.org
Concurring opinion
Overrule
5. 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.
Concurring opinion
Enabling act
Model Rules of Professional Conduct
Retainer agreement
6. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Remedial statute
Hypertext links
Comparative negligence
7. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Regulation
Active Listening
Lay advocate
Analogous cases
8. Law dealing with ownership.
Strict construction
On all fours
Property law
Direct examination
9. In a case brief - facts that deal with what happened to the parties before the litigation began.
Cumulative evidence
Substantive facts
Verification
Negligence
10. The intermediate appellate courts in the federal system.
Harmless error
Full-text database
Citation
U.S. Court of Appeals
11. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Enabling act
Pocket part
Road Map paragraph
12. When an appellate court overturns or negates the decision of a lower court.
Hourly rate
Bailment
Reverse
Distinguishable cases
13. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Charging the jury
Syllabus
Remedial statute
14. The power of government to take private property for public purposes.
Eminent Domain
Reverse
Negligence
Equity
15. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
False imprisonment
Competency
Suspension
Statutes of limitations
16. A computerized database that contains the full text of documents - such as court opinions or depositions.
Punitive damages
Liberal construction
Full-text database
Lay witness
17. A case listed in Shepard's that cites your case.
Judicial restraint
Pocket part
Citing case
American Bar Association (ABA) www.abanet.org
18. A requirement that a party fulfill his or her contractual obligations.
Warrant
Pretrial motion
U.S. Court of Appeals
Specific performance
19. A national association of paralegal managers.
Judgment
Evidence
Concluding paragraph
International Paralegal Management Association (IPMA) www.paralegal management.org
20. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Contingency fee
Irresistible impulse test
Registration
On all fours
21. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Battery
Questions of fact
Appellate brief
Legal Reasoning
22. The judge informs the jurors of the law they need to know to make their decision.
En banc
Charging the jury
Judicial notice
Deductive reasoning
23. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Reverse
Voir dire
Primary authority
Fixed Fee
24. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Westlaw
Practice of law
Personal property
Digest
25. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Holding
Issue
Loislaw
U.S. district courts
26. The power of a court to force a person to appear before it.
Persuasive authority
Personal jurisdiction
Federalism
Remedial statute
27. Law that deals with harm to a person or a person's property.
Remedial statute
Structured database
Pleadings
Tort law
28. 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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29. When the defendant does not have sufficient money or other assets to pay the judgment.
Appellant or petitioner
Judgment proof
M'Naghten test
Motion
30. Law that deals with harm to society as a whole.
Grand jury
Broad holding
Judgment notwithstanding the verdict (judgment N.O.V.)
Criminal law
31. A defense requiring proof that the defendant was not mentally responsible.
Subject matter jurisdiction
Insanity defense
Answer
Canons of construction
32. A book that contains court opinion headnotes arranged by subject matter.
Proximate cause
Fruit of the poisonous tree doctrine
Digest
Reversible error
33. 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.
Materiality
Complaint
Clearly erroneous
Subsequent case history
34. 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.
Certified
Legal writing
Limited liability partnership (LLP)
Power of judicial review
35. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Treatment
Holding
Irresistible impulse test
Count
36. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
M'Naghten test
Lay witness
Case citation
37. A court's power to hear only specialized cases.
Limited jurisdiction
Hourly rate
Search engine
Narrow Holding
38. A business run by two or more persons as co-owners.
Pretrial motion
Third-party claim
12(b)(6) motion
Partnership
39. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Pretrial conference
Statutory element
Entrapment
Recidivist
40. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Legal technician
Unauthorized practice of law
Disbarment
Grand jury
41. In a case brief - the general legal principle in existence before the case began.
Rule
Professional Corporation (PC)
Federalism
Exhaustion of administrative remedies
42. Liability without a showing of fault.
Exculpatory clause
Legislative history
Strict liability
Motion
43. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Deductive reasoning
Professional Corporation (PC)
Hourly rate
44. A determination that an attorney may not practice law for a set period of time.
Analogous cases
Default judgment
Suspension
Consideration
45. A person who initiates a lawsuit.
Judicial activism
Statutes of limitations
Plaintiff
Leading question
46. Evidence that suggests the defendant's guilt.
Challenge for cause
Actual cause
Remedial statute
Inculpatory evidence
47. Governmental publication of court opinions.
Ejusdem generis
Request for admissions
Recklessness
Official reporter
48. Cases that involve different facts and/or rules of law.
Distinguishable cases
Writ of certiorari
Guardian
Overrule
49. A provision that purports to waive liability.
Principle
Service
Exculpatory clause
Peremptory challenge
50. All property that is not real property.
Hearsay
Personal property
Shepardizing
Judicial activism