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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. Cases that involve similar facts and rules of law.
Slip laws
Analogous cases
Procedural law
Certified
2. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Legal writing
Freelance Paralegal
Third-party claim
Bail
3. A special type of joint tenancy applicable only to married couples.
Transition
Personal recognizance bond
Subsequent case history
Tenancy by the entirety
4. The first ten amendments to the U.S. Constitution.
Bill of Rights
Issue
Exculpatory clause
Issue
5. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Professional Corporation (PC)
Warrant
Contingency Fee
Potential conflict
6. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Clear and convincing
Structured database
Product misuse
Discovery
7. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Shepardizing
Contingency fee
Prior case history
Reasonable suspicion
8. A compilation of federal administrative regulations arranged by agency.
Evidence
Code of Federal Regulations (C.F.R.)
Potential conflict
Unauthorized practice of law
9. A suspicion based on specific facts; less than probable cause.
Deponent
Eminent Domain
Paralegal
Reasonable suspicion
10. The publication of false statements that harm a person's reputation.
Defamation
Mandatory authority
Compensatory damages
Judicial notice
11. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Disbarment
Miranda warnings
Secondary authority
12. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Motion to require a finding of not guilty
Criminal law
Exclusionary rule
Lexis
13. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Duress
Annotated statutes
Syllabus
Specific performance
14. 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.
Tenancy in common
Trial courts
Probable cause
Black-letter law
15. General principles that guide the courts in their interpretation of statutes.
Grand jury
Canons of construction
Strict liability
Motion to require a finding of not guilty
16. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Restrictive covenant
Persuasive authority
Limited liability partnership (LLP)
Case citation
17. A business run by two or more persons as co-owners.
Partnership
Loislaw
Disposition
Directed verdict
18. A set charge for a specific service - such as drafting a simple will.
Peremptory challenge
Fixed Fee
Rule
Counterclaim
19. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Assumption
Substantive facts
Implied warranty of habitability
20. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Lay witness
Registration
Concurrent jurisdiction
Standing
21. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Remedial statute
Exculpatory clause
Reverse
22. When an appellate court overturns or negates the decision of a lower court.
Summary jury trials
Reverse
Tenancy in common
Actus rea
23. Any tangible object - like a bloody glove.
Rules of criminal procedure
Real or physical evidence
Proving a case within a case
Potential conflict
24. A court opinion that establishes new law in an important area.
Landmark decision
Lexis
Injunction
Structured database
25. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Questions of law
Restrictive covenant
Official reporter
26. Court decisions from a higher court in the same jurisdiction.
Full-text database
Holding
Ethical wall or screen or cone of silence
Mandatory authority
27. A statute that changes the common law.
False imprisonment
Statute in derogation of the common law
Tenancy by the entirety
Case reporters
28. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Search engine
Alternative dispute resolution (ADR)
Property law
Arbitration
29. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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30. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Questions of law
Lay a foundation
Affirmative defense
31. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Plea bargaining
Statutes of limitations
Power of judicial review
Shepardizing
32. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Negligence
Secondary authority
Judgment notwithstanding the verdict (judgment N.O.V.)
Registration
33. The failure to act reasonably under the circumstances.
Strict construction
Contingency Fee
Plea bargaining
Negligence
34. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Deponent
Paralegal
Legal services offices
Conflict of interest
35. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Contract
Implied warranty of habitability
Unauthorized practice of law
Legislative intent
36. Used to describe legislation that changes the common law.
Irresistible impulse test
Derogation of the common law
per curium
Mens rea
37. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Agent
Concluding paragraph
Plain meaning
Mistrial
38. The chronological publication of statutes at the end of a legislative session.
Injunction
Federal question jurisdiction
Statutes at large or session laws
Cross-claim
39. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Reversible error
Laws
Intellectual Property
40. Money is awarded to a plaintiff in payment for his or her actual losses.
Entrapment
Plain view doctrine
Compensatory damages
Specific performance
41. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Fixed Fee
Notice pleading
Proving a case within a case
Motion
42. A pamphlet inserted into the back of a book containing information new since the volume was published.
Reverse
Pocket part
Registration
Motion
43. 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.
Dissenting opinion
Disbarment
Search engine
Exclusionary rule
44. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Overrule
Grand jury
Evidence
Reverse
45. The modern pretrial procedure by which one party gains information from the adverse party.
Subpoena
Discovery
Lay witness
Bill of Rights
46. 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.
Full-text database
Legal technician
Counterclaim
Personal recognizance bond
47. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Substantial capacity test
Unauthorized practice of law
Majority opinion
Restatement of the Law of Torts - Second
48. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Deposition
Retreat exception
Trial courts
49. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Persuasive authority
Summary jury trials
Preponderance of the evidence
Mistrial
50. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Reasonable suspicion
Power of judicial review
Road Map paragraph
Exigent circumstances