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Test your basic knowledge |
Paralegal 101
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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 calendering system that records key dates and important deadlines.
Expert witness
Tickler System
Unofficial reporter
Personal property
2. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Remand
Directed verdict
Damages
Necessity
3. An approach whereby the courts give a statute a broad interpretation.
Original jurisdiction
Secondary authority
Liberal construction
Closed Questions
4. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
U.S. Supreme Court
Materiality
Full-text database
Headnote
5. Bad intent.
Materiality
Retreat exception
Mens rea
Reversible error
6. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Preemption
Bail
Battered woman's or spouse's syndrome
Intellectual Property
7. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Remedial statute
Certified
Evidence
Open Questions
8. When more than one court has jurisdiction to hear a case.
Distinguishable cases
Judicial restraint
Probable cause
Concurrent jurisdiction
9. A person who initiates a lawsuit.
Professional Corporation (PC)
On point
Plaintiff
Tenancy in common
10. '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.
Common law
Lexis
Leading question
Res ipsa loquitur
11. The transfer of a case from one state court to a federal court.
Negligence per se
Removal
Open Questions
Majority opinion
12. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Affirm
Constitutional law
Doctrine of implied powers
13. Occurs when the police restrain a person's freedom and charge the person with a crime.
Consideration
Removal
Clearly erroneous
Arrest
14. 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.
Exclusive jurisdiction
Paralegal
Holding
Preemption
15. Evidence that suggests the defendant's guilt.
Statute of limitations
Inculpatory evidence
Bailment
Agent
16. Cases that involve similar facts and rules of law.
Civil law
Specific performance
Analogous cases
Arbitration
17. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Voir dire
Retreat exception
Retainer agreement
18. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Slip laws
Third-party claim
Mistrial
Adverse possession
19. The party in a lawsuit against whom an appeal has been filed.
Dismissal with prejudice
Answer
Self-defense
Appellee or respondent
20. A separable part of a statute that must be satisfied for the statute to apply.
Property
Discovery
Statutory element
Service
21. 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.
Miranda warnings
Negligence
Nominal damages
Assumption
22. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Derogation of the common law
Actus rea
Limited liability partnership (LLP)
Tickler System
23. The process of properly identifying and authenticating evidence so that it can be introduced.
Codification of the common law
Criminal law
Direct examination
Lay a foundation
24. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Popular name table
Harmless error
Comparative negligence
Actual cause
25. The pretrial oral questioning of a witness under oath.
Quiet enjoyment
Complaint
Deposition
Remedial statute
26. A court's power to hear only specialized cases.
Concurring opinion
Proving a case within a case
Issue of first impression
Limited jurisdiction
27. 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
Grand jury
Overbreadth
Direct evidence
Rule 56 motion (summary judgment motion)
28. The court's power to review statutes to decide whether they conform to the Constitution.
Bailment
Judicial review
Subject matter jurisdiction
Legal Research
29. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Interrogatories
Headnote
Writ of certiorari
Closed Questions
30. Evidence that does not add any new information but that confirms facts that already have been established.
Relevancy
12(b)(6) motion
Voir dire
Cumulative evidence
31. A court's prior permission for the police to search and seize.
Fruit of the poisonous tree doctrine
Warrant
M'Naghten test
Motion to require a finding of not guilty
32. All property that is not real property.
Contingency Fee
Deductive reasoning
Personal property
Statutes at large or session laws
33. A court's power to hear any type of case arising within its geographical area.
Issue
Third-party claim
Attorney-client privilege
General jurisdiction
34. Courts that determine the facts and apply the law to the facts.
Trial courts
Active Listening
Assumption
Registration
35. Evidence that is derived from an illegal search or interrogation is inadmissible.
Overrule
Canons of construction
Fruit of the poisonous tree doctrine
Default judgment
36. Representing someone who is in a position adverse to a prior client.
Successive conflict of interest
Attorney-client privilege
Model Rules of Professional Conduct
Unofficial reporter
37. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Shepardizing
Preponderance of the evidence
Judgment
Answer
38. 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.
Product misuse
Cause of action
Guardian
Holding
39. A request that the court release the defendant because of the illegality of the incarceration.
Structured database
Judicial restraint
Writ of habeas corpus
Cause of action
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.
Statute of limitations
Appellee or respondent
U.S. Supreme Court
Doctrine of implied powers
41. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Questions of law
Constructive
Assumption of the risk
42. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Issue of first impression
Legal fiction
Judicial review
National Association of Legal Assistants (NALA) www.nala.org
43. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Enabling act
Exigent circumstances
Procedural law
44. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Harmless error
Duress
Holding
Specific performance
45. A warrant that allows the police to enter without announcing their presence in advance.
Preemption
Loislaw
No-knock warrant
Clear and convincing
46. 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).
Joint tenancy
Distinguishable cases
Writ of certiorari
Rules of criminal procedure
47. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Comparative negligence
False imprisonment
Assumption of the risk
Lay advocate
48. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Full-text searches
Fruit of the poisonous tree doctrine
Statutory element
49. Without the need for a warrant - the police may seize objects that are openly visible.
Conflict of interest
Substantial capacity test
Challenge for cause
Plain view doctrine
50. Establishes a direct link to the event that must be proven.
Popular name table
Direct evidence
Case citation
Real Property
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