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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. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Subsequent case history
Hearsay
Hypertext links
Actual cause
2. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Legal Research
Statute in derogation of the common law
Substantive facts
Confidentiality
3. A computerized database that contains the full text of documents - such as court opinions or depositions.
Bill of Rights
Strict liability
Full-text database
Unauthorized practice of law
4. A form in which statutes are published; they are printed individually at the time they are first enacted.
Subsequent case history
Professional judgment
Principle
Slip laws
5. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Mens rea
Motion to suppress
Quiet enjoyment
6. A token sum awarded when liability has been found but monetary damages cannot be shown.
Motion for a new trial
Constructive eviction
Nominal damages
Legal clinic
7. Not factually true - but accepted by the courts as being legally true.
Holding
Structured database
Constructive
Competency
8. The pleading that begins a lawsuit.
Complaint
Reversible error
Valid
Cumulative evidence
9. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Actus rea
Defendant
Execute
Verification
10. Court decisions from a higher court in the same jurisdiction.
Concluding paragraph
Appellate brief
Mandatory authority
Hourly rate
11. Violation of a statute as proof of negligence
Negligence
Evidence
Negligence per se
Enabling act
12. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Unauthorized practice of law
Contributory negligence
Equity
Attorney-client privilege
13. The power of a court to force a person to appear before it.
Registration
Personal jurisdiction
Statute
Statute of limitations
14. Law that deals with harm to an individual.
Civil law
Constructive eviction
Road Map paragraph
Appellant or petitioner
15. A defense whereby the defendant offers new evidence to avoid judgment.
Warrant
Affirmative defense
Appellate courts
Lay a foundation
16. The new legal principle established by a court opinion.
Separation of powers
Holding
Contributory negligence
Common law
17. A summary of a court opinion that appears at the beginning of the case.
Specific performance
Power of judicial review
Lay a foundation
Syllabus
18. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Corroborative evidence
Issue of first impression
Legal malpractice
Deductive reasoning
19. A determination that an attorney may not practice law for a set period of time.
Legal malpractice
Judgment proof
Suspension
Subsequent case history
20. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Concluding paragraph
Exculpatory clause
Fruit of the poisonous tree doctrine
Loislaw
21. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Appellate brief
Interrogatories
Execute
Judgment
22. Proof that the evidence is what it is said to be.
Bail
Corroborative evidence
Authentication
Federal question jurisdiction
23. Questions relating to the interpretation or application of the law.
Citation
Questions of law
Bill of Rights
Agent
24. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Substantial capacity test
Nolo contendere
Professional judgment
Strict liability
25. The failure to act reasonably under the circumstances.
Assumption of the risk
Active Listening
Appellee or respondent
Negligence
26. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Judicial activism
Suspension
Probable cause
27. 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.
Motion to suppress
Dissenting opinion
Beyond a reasonable doubt
Adverse possession
28. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Reversible error
Overrule
Fact
29. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Dissenting opinion
Necessity
Indictment
Certificated
30. A calendering system that records key dates and important deadlines.
Rules of criminal procedure
Legal clinic
Tickler System
Motion in limine
31. In a case brief - facts that deal with what happened to the parties before the litigation began.
Judgment notwithstanding the verdict (judgment N.O.V.)
Agent
Substantive facts
per curium
32. A law promulgated by an administrative agency.
Freelance Paralegal
Regulation
Power of judicial review
Real property
33. When a higher court agrees with what lower court has done.
Suspension
Procedural facts
Comparative negligence
Affirm
34. 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.
Stop and frisk
Retainer agreement
Service
Model Rules of Professional Conduct
35. A tangible object or a right or ownership interest.
Exclusionary rule
Issue of first impression
Property
Expert witness
36. Specific questions that usually demand very short or yes-no answers.
Reversible error
Client trust account
Closed Questions
Tenancy in common
37. The questioning of an opposing witness.
Cross-examination
Paralegal
Implied warranty of habitability
Mens rea
38. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Pretrial conference
Road Map paragraph
Personal property
Best evidence rule
39. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Structured database
Full-text searches
Rule 56 motion (summary judgment motion)
Enabling act
40. A court order requiring a party to perform a specific act or to cease doing a specific act.
Concurring opinion
Successive conflict of interest
Negligence
Injunction
41. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Materiality
Writ of certiorari
National Association of Legal Assistants (NALA) www.nala.org
Stare decisis
42. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Road Map paragraph
Best evidence rule
Service
Evidence
43. Monetary compensation - including compensatory - punitive - and nominal damages.
Challenge for cause
Damages
Vicarious representation
Summons
44. A court's power to hear only specialized cases.
Limited jurisdiction
Plain meaning
Freelance Paralegal
Expert witness
45. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Overrule
Real or physical evidence
Materiality
Active Listening
46. Someone who has the power to act in the place of another.
Agent
Concurrent jurisdiction
Appellate courts
Dissenting opinion
47. 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.
Broad holding
Nominal damages
Regulation
Holding
48. Liability without a showing of fault.
Broad holding
Strict liability
Annotated statutes
Respondeat superior
49. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Lay witness
Search engine
Actual cause
50. A warrant that allows the police to enter without announcing their presence in advance.
No-knock warrant
Evidence
Charging the jury
Personal jurisdiction