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Test your basic knowledge |
Paralegal 101
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Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
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.
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. Monetary compensation - including compensatory - punitive - and nominal damages.
Arbitration
Affirmative defense
Damages
Charging the jury
2. The revocation of an attorney's license.
Concurrent jurisdiction
Successive conflict of interest
False imprisonment
Disbarment
3. When more than one court has jurisdiction to hear a case.
Deposition
Practice of law
Restrictive covenant
Concurrent jurisdiction
4. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Exhaustion of administrative remedies
Challenge for cause
Motion to require a finding of not guilty
Battered woman's or spouse's syndrome
5. The tort theory that an employer can be sued for the negligent acts of its employees.
Respondeat superior
Certificated
Counterclaim
Arrest
6. Any tangible object - like a bloody glove.
Confidentiality
Real or physical evidence
Intellectual Property
Necessity
7. The power of a court to hear a case.
Evidence
Cross-examination
Jurisdiction
Appellee or respondent
8. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Negligence
Battery
Mistrial
Reverse
9. Something of value exchanged to form the basis of a contract.
Consideration
Pinpoint cite
Personal jurisdiction
Disposition
10. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Dismissal with prejudice
Holding
Paralegal
Minor premise
11. The first ten amendments to the U.S. Constitution.
Voir dire
Preemption
Substantive facts
Bill of Rights
12. Disregarding a substantial and unjustifiable risk that harm will result.
Reverse
Distinguishable cases
Recklessness
Necessity
13. A repeat offender; one who continues to commit more crimes.
Appellee or respondent
Criminal law
Minimum contacts
Recidivist
14. Law that creates rights and duties.
Substantive law
Limited liability partnership (LLP)
Evidence
Legal Research
15. An approach whereby the courts give a statute a broad interpretation.
Certificated
Discovery
Liberal construction
Probable cause
16. A fee calculated as a percentage of the settlement or award in the case.
Evidence
Probable cause
Restrictive covenant
Contingency Fee
17. A summary of one legal point in a court opinion; written by the editors at West.
Remedial statute
Materiality
Headnote
Adverse possession
18. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Statutes of limitations
Potential conflict
Strict liability
Legal malpractice
19. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Legal clinic
American Association for Paralegal Education (AAfPE) www.aafpe.org
No-knock warrant
Necessity
20. 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.
Citing case
Concurring opinion
Legal technician
Writ of certiorari
21. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Contributory negligence
Authentication
Cross-examination
Constitutional law
22. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Cumulative evidence
Bailment
Potential conflict
Property law
23. The failure to act reasonably under the circumstances.
Canons of construction
Active Listening
Negligence
Fruit of the poisonous tree doctrine
24. Governmental publication of court opinions.
Official reporter
Annotated statutes
Notice pleading
Structured database
25. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Bail
Defendant
Joint tenancy
Beyond a reasonable doubt
26. A right to use property owned by another for a limited purpose.
Summons
Easement
On point
Cumulative evidence
27. An issue that the court has never faced before.
Narrow Holding
Best evidence rule
Issue of first impression
Certificated
28. The pleading that begins a lawsuit.
Minor premise
Complaint
Road Map paragraph
Judicial restraint
29. Without the need for a warrant - the police may seize objects that are openly visible.
Service
Civil law
Insanity defense
Plain view doctrine
30. Land and objects permanently attached to land.
Real property
Jurisdiction
Writ of habeas corpus
Affirmative defense
31. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Nominal damages
Confidentiality
Relevancy
Internet
32. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Deposition
Answer
Jurisdiction
Statute in derogation of the common law
33. The judge informs the jurors of the law they need to know to make their decision.
Minimum contacts
Counterclaim
Charging the jury
Headnote
34. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Constructive eviction
Strict liability
Summary jury trials
35. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Code
Court of record
Affirmative defense
Lexis
36. The publication of false statements that harm a person's reputation.
Defamation
Court of record
Minimum contacts
Remand
37. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Subpoena
Assumption of the risk
Authentication
38. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Unauthorized practice of law
Fixed Fee
Expert witness
39. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Respondeat superior
Practice of law
American Bar Association (ABA) www.abanet.org
Class action suit
40. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Substantive facts
Subsequent case history
Full-text searches
41. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Direct evidence
Exclusionary rule
Exhaustion of administrative remedies
Comparative negligence
42. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Discovery
Overrule
Joint tenancy
Legal malpractice
43. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Statute
Contributory negligence
Subsequent case history
Conflict of interest
44. 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
Miranda warnings
Rule 56 motion (summary judgment motion)
Narrow Holding
Cumulative evidence
45. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
U.S. Court of Appeals
Stare decisis
Actus rea
46. Liability without a showing of fault.
Res ipsa loquitur
Doctrine of implied powers
Removal
Strict liability
47. A witness who has not been shown to have any special expertise.
Lay witness
Court of record
Headnote
Real or physical evidence
48. In a case brief - the rule of law applied to the case's specific facts.
Counterclaim
Derogation of the common law
Arbitration
Issue
49. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Doctrine of implied powers
Entrapment
Judgment
Motion to require a finding of not guilty
50. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Rule 56 motion (summary judgment motion)
Case citation
Federalism
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