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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 suspicion based on specific facts; less than probable cause.
Judgment
Retreat exception
Appellate brief
Reasonable suspicion
2. The result reached in a particular case.
Disposition
Reverse
Lexis
Clear and convincing
3. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Personal jurisdiction
Judgment notwithstanding the verdict (judgment N.O.V.)
Unauthorized practice of law
Motion to require a finding of not guilty
4. A constitutional protection against being tried twice for the same crime.
Doctrine of implied powers
Double jeopardy
Broad holding
Codification of the common law
5. An advance or down payment that is given to engage the services of an attorney.
Punitive damages
Code of Federal Regulations (C.F.R.)
Double jeopardy
Retainer
6. A constitutional protection against being tried twice for the same crime.
Plea bargaining
Cumulative evidence
Double jeopardy
Stop and frisk
7. A summary of one legal point in a court opinion; written by the editors at West.
Model Rules of Professional Conduct
Headnote
Easement
Statute of limitations
8. An opinion that agrees with the majority's result but disagrees with its reasoning.
Major premise
Concurring opinion
Probable cause
Tenancy by the entirety
9. Courts that determine the facts and apply the law to the facts.
Trial courts
Professional judgment
Materiality
Headnote
10. The power of government to take private property for public purposes.
Concluding paragraph
Eminent Domain
Lexis
Real Property
11. A court order requiring a person to appear to testify at a trial or deposition.
Limited jurisdiction
Subpoena
Procedural facts
Nolo contendere
12. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Concurrent conflict of interest
Appellee or respondent
Partnership
13. A grand jury's written accusation that a given individual has committed a crime.
Deponent
Comparative negligence
Indictment
Personal property
14. A national voluntary organization of lawyers.
American Bar Association (ABA) www.abanet.org
Default judgment
American Association for Paralegal Education (AAfPE) www.aafpe.org
Disposition
15. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Retreat exception
Cross-claim
Preemption
Dictum
16. Evidence that is derived from an illegal search or interrogation is inadmissible.
Overbreadth
Summary jury trials
Leading questions
Fruit of the poisonous tree doctrine
17. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Voir dire
Equity
Legal services offices
18. Something of value exchanged to form the basis of a contract.
Legal clinic
Probable cause
Consideration
Restatement of the Law of Torts - Second
19. The failure to act reasonably under the circumstances.
Remand
Product misuse
Certificated
Negligence
20. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Dissenting opinion
Personal property
Defendant
21. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Criminal law
Suspension
Default judgment
Contract
22. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Suspension
Stare decisis
Treatment
Request for admissions
23. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Code of Federal Regulations (C.F.R.)
Subpoena duces tecum
Service
Agent
24. A request that the court order that certain information not be mentioned in the presence of the jury.
Answer
Easement
Motion in limine
Third-party claim
25. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Eminent Domain
Billable hours
Holding
Minor premise
26. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Minimum contacts
Exclusionary rule
Defendant
Statute of limitations
27. A warrant that allows the police to enter without announcing their presence in advance.
Legislative intent
Direct examination
No-knock warrant
Professional Corporation (PC)
28. The educated ability to apply law to specific facts.
Constitutional law
Professional judgment
Constructive eviction
Exclusionary rule
29. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Separation of powers
Invasion of Privacy
Pocket part
30. A court opinion that establishes new law in an important area.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Assault
M'Naghten test
Landmark decision
31. 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
Stop and frisk
Peremptory challenge
Diversity jurisdiction
Defendant
32. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Digest
Entrapment
Structured database
Tickler System
33. A method for excusing a prospective juror; no reason need be given.
Plain view doctrine
Assumption
Respondeat superior
Peremptory challenge
34. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Pleading in the alternative
Professional judgment
Mediation
35. A law promulgated by an administrative agency.
Federalism
Statutes of limitations
Contract
Regulation
36. Proof that the evidence is what it is said to be.
Authentication
Comparative negligence
Exigent circumstances
Circumstantial evidence
37. A national association of paralegal managers.
Relevancy
International Paralegal Management Association (IPMA) www.paralegal management.org
Practice of law
Comparative negligence
38. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Relevancy
Analogous cases
Legal Research
Res ipsa loquitur
39. Law that deals with harm to an individual.
Vicarious representation
Civil law
Concurring opinion
Complaint
40. A right to use property owned by another for a limited purpose.
Reverse
Closed Questions
Negligence per se
Easement
41. Money is awarded to a plaintiff in payment for his or her actual losses.
Professional Corporation (PC)
Compensatory damages
Structured database
Intellectual Property
42. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Harmless error
Bail
Answer
Arbitration
43. A bank account used to hold money belonging to the client or to a third party.
Pretrial motion
Bill of Rights
Client trust account
Real Property
44. An opinion that disagrees with the majority's decision and its reasoning.
Personal recognizance bond
Civil law
Dissenting opinion
American Bar Association (ABA) www.abanet.org
45. The opinion of a jury on a question of fact.
Void for vagueness
Verdict
Motion to suppress
Negligence
46. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Primary authority
Remedial statute
Compulsory joinder
Codification of the common law
47. A tort committed by one who intends to do the act that creates the harm.
Remand
Motion to require a finding of not guilty
Intentional tort
Power of judicial review
48. A repeat offender; one who continues to commit more crimes.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Mediation
Recidivist
Judicial notice
49. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Caption
Indictment
Open Questions
Road Map paragraph
50. The intermediate appellate courts in the federal system.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Entrapment
U.S. Court of Appeals
Dissenting opinion