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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 standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Lexis
Preponderance of the evidence
Narrow Holding
Probable cause
2. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Proximate cause
Mens rea
Constitutional law
Deponent
3. A public or private statement that an attorney's conduct violated the code of ethics.
Active Listening
Deponent
Motion in limine
Reprimand or censure
4. 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.
American Bar Association (ABA) www.abanet.org
Leading questions
Plain view doctrine
Miranda warnings
5. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Tickler System
Punitive damages
Rule
Rule 56 motion (summary judgment motion)
6. An opinion that disagrees with the majority's decision and reasoning.
Notice pleading
Prima facie case
Plaintiff
Dissenting opinion
7. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Adverse possession
Prima facie case
Reverse
8. A calendering system that records key dates and important deadlines.
Tickler System
Paralegal
Personal property
Rule 56 motion (summary judgment motion)
9. Including more than one count in a complaint; the counts do not need to be consistent.
Lay advocate
Pleading in the alternative
Popular name table
Tickler System
10. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Overbreadth
Conflict of interest
Summons
11. A statute that changes the common law.
Injunction
Third-party claim
Statute in derogation of the common law
Verdict
12. A business run by two or more persons as co-owners.
Concluding paragraph
Landmark decision
Partnership
Motion for a new trial
13. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Code of Federal Regulations (C.F.R.)
Overrule
Contract
14. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Res ipsa loquitur
Entrapment
Statutes at large or session laws
15. When the defendant does not have sufficient money or other assets to pay the judgment.
Rule 56 motion (summary judgment motion)
Disposition
Bail
Judgment proof
16. A court order requiring a party to perform a specific act or to cease doing a specific act.
Personal property
12(b)(6) motion
Injunction
Retainer agreement
17. Information that can be presented in a court of law as proof of some fact.
Evidence
Affirmative defense
Statutes of limitations
Intellectual Property
18. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Rule
Challenge for cause
Self-defense
19. The justified use of force to protect oneself or others.
Invasion of Privacy
Self-defense
Citing case
Reverse
20. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
En banc
Stop and frisk
Concluding paragraph
Verification
21. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Concurring opinion
Judgment notwithstanding the verdict (judgment N.O.V.)
Rules of evidence
Standing
22. A national paralegal association.
Statute of limitations
American Bar Association (ABA) www.abanet.org
National Association of Legal Assistants (NALA) www.nala.org
Actus rea
23. 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
Removal
Westlaw
Equity
Real property
24. Questions that suggest the answer.
Nolo contendere
On point
Appellee or respondent
Leading questions
25. The purpose of the legislature at the time it enacted the statute.
Answer
Appellee or respondent
No-knock warrant
Legislative intent
26. Voluntarily and knowingly subjecting oneself to danger.
Negligence per se
Assumption of the risk
Jurisdiction
Headnote
27. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Harmless error
Transition
Statute of limitations
Res ipsa loquitur
28. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Comparative negligence
Deductive reasoning
Freelance Paralegal
Charging the jury
29. The questioning of an opposing witness.
Contingency fee
Cross-examination
Writ of habeas corpus
Retreat exception
30. A person who permits or directs another person to act on the principal's behalf.
Principle
Recidivist
Corroborative evidence
Full-text searches
31. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Liberal construction
Nolo contendere
Interrogatories
Booking
32. Used to describe legislation that changes the common law.
Derogation of the common law
Challenge for cause
Legal clinic
Successive conflict of interest
33. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Voir dire
Practice of law
Legislative history
Minimum contacts
34. A canon of construction meaning 'of the same class.:
Ejusdem generis
Miranda warnings
Challenge for cause
Ethical wall or screen or cone of silence
35. Law that deals with harm to an individual.
Civil law
Defamation
Ethical wall or screen or cone of silence
Statutes of limitations
36. A court's prior permission for the police to search and seize.
Warrant
Regulation
Leading questions
Trial courts
37. A national association of paralegal associations.
Popular name table
National Federation of Paralegal Associations (NFPA) www.paralegals.org
U.S. Court of Appeals
Active Listening
38. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Injunction
Contingency Fee
Substantive facts
Tenancy in common
39. '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.
Pinpoint cite
Res ipsa loquitur
Statute in derogation of the common law
Minimum contacts
40. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Model Rules of Professional Conduct
Respondeat superior
Proving a case within a case
Code
41. The pleading that begins a lawsuit.
Contingency Fee
Strict liability
Complaint
Distinguishable cases
42. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Overbreadth
Preemption
Rule
43. The intermediate appellate courts in the federal system.
Probable cause
Federalism
Exclusionary rule
U.S. Court of Appeals
44. 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.
Dissenting opinion
Motion to require a finding of not guilty
Overrule
Personal recognizance bond
45. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Reverse
Professional Corporation (PC)
Exhaustion of administrative remedies
Product misuse
46. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Search engine
American Association for Paralegal Education (AAfPE) www.aafpe.org
Bail
Questions of fact
47. The requirement that relief be sought from an administrative agency before proceeding to court.
Easement
Judicial activism
Subpoena duces tecum
Exhaustion of administrative remedies
48. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Canons of construction
Retreat exception
Retainer
49. The process of legislative enactment of areas of the law previously governed solely by the common law.
Codification of the common law
Concurring opinion
Leading questions
Appellee or respondent
50. Court decisions from a higher court in the same jurisdiction.
Codification of the common law
Secondary authority
Mandatory authority
Narrow Holding