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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. An issue that the court has never faced before.
Certified
Issue of first impression
Counterclaim
Digest
2. A token sum awarded when liability has been found but monetary damages cannot be shown.
Negligence
Cross-claim
Nominal damages
Personal recognizance bond
3. A trial conducted without a jury.
Class action suit
Bench trial
Constitutional law
Code
4. 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.
per curium
Jurisdiction
Subsequent case history
Lay advocate
5. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Statutes of limitations
Pleadings
Property law
6. A tangible object or a right or ownership interest.
per curium
Property
Verdict
No-knock warrant
7. An approach whereby the courts give a statute a narrow interpretation.
Citing case
U.S. Supreme Court
Strict construction
Authentication
8. Rules and regulations created by administrative agencies.
Headnote
Execute
Certificated
Administrative law
9. A witness who has not been shown to have any special expertise.
Lay witness
Statute in derogation of the common law
Exculpatory evidence
Plain meaning
10. A defendant's personal promise to appear in court.
Constructive eviction
Real property
Personal recognizance bond
Pinpoint cite
11. A method for excusing a prospective juror; no reason need be given.
Jurisdiction
Citing case
Peremptory challenge
Subpoena
12. A suspicion based on specific facts; less than probable cause.
Attorney-client privilege
Reasonable suspicion
Judgment proof
Double jeopardy
13. A defense whereby the defendant offers new evidence to avoid judgment.
Affirm
U.S. district courts
Affirmative defense
Ejusdem generis
14. In a complaint - one cause of action.
Property law
Count
U.S. Supreme Court
Substantive law
15. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bailment
Notice pleading
Active Listening
Practice of law
16. The party in a lawsuit against whom an appeal has been filed.
Standing
Writ of certiorari
Appellee or respondent
Direct examination
17. Evidence that supports previous testimony but that comes in a different form.
Federalism
U.S. Court of Appeals
Corroborative evidence
Motion to require a finding of not guilty
18. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Citing case
Deposition
Entrapment
Potential conflict
19. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Contingency Fee
Necessity
Appellate brief
Appellate or petitioner
20. Voluntarily and knowingly subjecting oneself to danger.
Concurrent jurisdiction
Summons
Fact
Assumption of the risk
21. A national association of paralegal associations.
Plain view doctrine
Actual cause
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Judgment proof
22. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Execute
Proving a case within a case
En banc
Laws
23. An intentional act that creates a harmful or offensive physical contact.
M'Naghten test
Battery
Full-text database
Injunction
24. Land and objects permanently attached to land.
Plea bargaining
Compensatory damages
American Association for Paralegal Education (AAfPE) www.aafpe.org
Real property
25. All property that is not real property.
Ejusdem generis
Constructive
Bailment
Personal property
26. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Charging the jury
Jurisdiction
Contributory negligence
Defendant
27. A calendering system that records key dates and important deadlines.
Direct examination
Pleading in the alternative
Lay witness
Tickler System
28. Without the need for a warrant - the police may seize objects that are openly visible.
Personal jurisdiction
Plain view doctrine
Legislative history
Specific performance
29. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Arrest
Exhaustion of administrative remedies
Enabling act
30. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Cause of action
Plaintiff
Guardian
Diversity jurisdiction
31. The transfer of a case from one state court to a federal court.
Intentional tort
National Association of Legal Assistants (NALA) www.nala.org
Removal
Mandatory authority
32. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Grand jury
No-knock warrant
Shepardizing
Affirm
33. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Irresistible impulse test
Reprimand or censure
Property
34. 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.
Hourly rate
Double jeopardy
Disbarment
Writ of certiorari
35. A witness who has not been shown to have any special expertise.
Leading question
Bench trial
Questions of fact
Lay witness
36. The highest federal appellate court - consisting of nine appointed members.
U.S. Supreme Court
Slip laws
Reprimand or censure
Attorney-client privilege
37. The process of finding the law.
Beyond a reasonable doubt
Legal Research
Harmless error
Assumption of the risk
38. A person who initiates an appeal.
Judgment proof
Appellant or petitioner
Laws
Preemption
39. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Concurrent conflict of interest
Judicial activism
Clearly erroneous
Proximate cause
40. When an appellate court sends a case back to the trial court for a new trial or other action.
Vicarious representation
Recidivist
Remand
Service
41. A compilation of federal administrative regulations arranged by agency.
Retainer
Code of Federal Regulations (C.F.R.)
Compensatory damages
Tenancy in common
42. The power of a court to force a person to appear before it.
General jurisdiction
Implied warranty of habitability
Personal jurisdiction
Professional judgment
43. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Self-defense
Assumption of the risk
U.S. Supreme Court
Hearsay
44. The power of a court to hear a particular type of case.
Subject matter jurisdiction
Legal writing
Tort law
Cross-examination
45. A provision that purports to waive liability.
Personal jurisdiction
Black-letter law
Equity
Exculpatory clause
46. The rule requiring that the original document be produced at trial.
Paralegal
General jurisdiction
Best evidence rule
Double jeopardy
47. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Complaint
Legal Reasoning
Punitive damages
Plaintiff
48. Cases that involve different facts and/or rules of law.
Compulsory joinder
Appellate brief
Distinguishable cases
Subsequent case history
49. The justified use of force to protect oneself or others.
Necessity
Self-defense
Prima facie case
Constructive
50. When a higher court agrees with what lower court has done.
Joint tenancy
Writ of execution
Real or physical evidence
Affirm