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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. The law itself - such as statutes and court opinions.
Fact
Adverse possession
Certificated
Primary authority
2. Any tangible object - like a bloody glove.
Strict construction
Real or physical evidence
Overrule
Punitive damages
3. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Indictment
Concurrent conflict of interest
Comparative negligence
4. 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.
Mens rea
Legal clinic
Testimonial evidence
Plaintiff
5. Bad act.
Class action suit
Actus rea
Bench trial
Popular name table
6. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Leading questions
Legislative history
Confidentiality
Fruit of the poisonous tree doctrine
7. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Remand
Full-text searches
Necessity
Contingency fee
8. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Official reporter
Intellectual Property
Contributory negligence
Reverse
9. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Popular name table
Summons
Paralegal
10. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Pattern jury instructions
Miranda warnings
Lexis
Power of judicial review
11. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Statute
Defendant
Narrow Holding
Plea bargaining
12. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Peremptory challenge
Lay witness
International Paralegal Management Association (IPMA) www.paralegal management.org
13. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Clear and convincing
Execute
Structured database
Grand jury
14. An approach whereby the courts give a statute a narrow interpretation.
Reverse
Strict construction
Bailment
Necessity
15. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Rule 56 motion (summary judgment motion)
Personal property
Peremptory challenge
Code
16. The power of the federal courts to hear matters of federal law.
Jurisdiction
Appellate or petitioner
Digest
Federal question jurisdiction
17. 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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18. When more than one court has jurisdiction to hear a case.
Concurrent jurisdiction
American Bar Association (ABA) www.abanet.org
Exclusive jurisdiction
Full-text searches
19. The justified use of force to protect oneself or others.
Concurring opinion
Statute in derogation of the common law
Self-defense
Interrogatories
20. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
National Association of Legal Assistants (NALA) www.nala.org
Constructive
Punitive damages
21. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Partnership
Prima facie case
Lay advocate
Statutory element
22. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Procedural facts
Best evidence rule
Unofficial reporter
Judicial restraint
23. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Loislaw
Implied warranty of habitability
Diversity jurisdiction
Negligence
24. The pleading that begins a lawsuit.
Complaint
Road Map paragraph
Real property
Documentary evidence
25. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Loislaw
Affirmative defense
Appellate or petitioner
Active Listening
26. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Clearly erroneous
Statute of limitations
Arraignment
Plain meaning
27. A constitutional protection against being tried twice for the same crime.
Motion to require a finding of not guilty
Restrictive covenant
Double jeopardy
Conflict of interest
28. The process of properly identifying and authenticating evidence so that it can be introduced.
Arbitration
Damages
Freelance Paralegal
Lay a foundation
29. The status of having received a certificate documenting that the person has successfully completed an educational program.
Distinguishable cases
Certificated
Indictment
Full-text database
30. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Potential conflict
Minor premise
Disbarment
Overrule
31. A repeat offender; one who continues to commit more crimes.
Recidivist
12(b)(6) motion
Contributory negligence
Partnership
32. A canon of construction meaning 'of the same class.:
Cross-claim
Insanity defense
Nolo contendere
Ejusdem generis
33. A form in which statutes are published; they are printed individually at the time they are first enacted.
Reprimand or censure
Codification of the common law
Slip laws
Preponderance of the evidence
34. 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
Affirm
Diversity jurisdiction
Arraignment
Negligence
35. A set of standardized jury instructions.
National Association of Legal Assistants (NALA) www.nala.org
Digest
Federal question jurisdiction
Pattern jury instructions
36. A court opinion that establishes new law in an important area.
Reasonable suspicion
Landmark decision
Legislative intent
Exclusionary rule
37. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Client trust account
Exculpatory clause
Motion for a new trial
38. The power of government to take private property for public purposes.
Eminent Domain
Rules of criminal procedure
Assumption of the risk
Jurisdiction
39. Written questions sent by one side to the opposing side - answered under oath.
Client trust account
Interrogatories
Limited jurisdiction
Affirm
40. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Diversity jurisdiction
Administrative law
Majority opinion
Statutes of limitations
41. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Stop and frisk
Legislative intent
Res ipsa loquitur
Testimonial evidence
42. The questioning of your own witness.
Direct examination
Digest
Cross-claim
Judicial review
43. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Alternative dispute resolution (ADR)
Mediation
Hourly rate
Pinpoint cite
44. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Legislative history
Internet
Evidence
45. Federal and state rules that govern the admissibility of evidence in court.
Code
Fact
Case reporters
Rules of evidence
46. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Exculpatory evidence
Dismissal with prejudice
Pretrial motion
Minimum contacts
47. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Clear and convincing
Syllabus
Practice of law
Unofficial reporter
48. The power of a court to hear a case.
Lay a foundation
Jurisdiction
Personal property
Pretrial motion
49. A request that the court prohibit the use of certain evidence at the trial.
U.S. Court of Appeals
Motion to suppress
Affirm
Restatement of the Law of Torts - Second
50. A person who initiates a lawsuit.
Plaintiff
Diversity jurisdiction
Full-text database
Nominal damages