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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 pamphlet inserted into the back of a book containing information new since the volume was published.
Duress
Pocket part
Substantial capacity test
Restrictive covenant
2. A law enacted by a state legislature or by Congress.
Pattern jury instructions
Statute
Appellant or petitioner
International Paralegal Management Association (IPMA) www.paralegal management.org
3. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Client trust account
Proving a case within a case
Minor premise
Caption
4. In a complaint - one cause of action.
Client trust account
Count
Issue of first impression
General jurisdiction
5. The law itself - such as statutes and court opinions.
Codification of the common law
Substantive law
Primary authority
Motion in limine
6. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Defendant
Cross-claim
Holding
Respondeat superior
7. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Road Map paragraph
Westlaw
Retainer agreement
Judicial notice
8. The party in a lawsuit against whom an appeal has been filed.
Judicial activism
Slip laws
Appellee or respondent
Beyond a reasonable doubt
9. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Federalism
Joint tenancy
Jurisdiction
10. 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.
Booking
Bill of Rights
Intentional tort
Authentication
11. '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.
Reprimand or censure
Res ipsa loquitur
Exculpatory evidence
Writ of certiorari
12. Occurs when the police restrain a person's freedom and charge the person with a crime.
Clear and convincing
Hypertext links
Arrest
Lay advocate
13. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Valid
Reverse
Summary jury trials
Narrow Holding
14. 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.
Intentional tort
Count
Motion to require a finding of not guilty
Registration
15. A canon of construction meaning 'of the same class.:
Open Questions
Rule
Ejusdem generis
Bill of Rights
16. A trial court error that is not sufficient to warrant reversing the decision.
Assumption of the risk
Harmless error
Issue of first impression
On point
17. The purpose of the legislature at the time it enacted the statute.
Minor premise
Legislative intent
Punitive damages
Full-text searches
18. The new legal principle established by a court opinion.
Reverse
Holding
Beyond a reasonable doubt
Dismissal with prejudice
19. Being informed of some act done or about to be done.
Notice
Minimum contacts
Statute in derogation of the common law
Unauthorized practice of law
20. The general jurisdiction trial courts in the federal system.
Judgment proof
Full-text database
Tenancy by the entirety
U.S. district courts
21. A national association of paralegal associations.
Direct examination
Entrapment
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Recklessness
22. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Indictment
Retainer agreement
Leading question
Punitive damages
23. Evidence that supports previous testimony but that comes in a different form.
Majority opinion
Defamation
Service
Corroborative evidence
24. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Judicial restraint
Voir dire
Actual cause
Best evidence rule
25. The person who is being asked questions at a deposition.
International Paralegal Management Association (IPMA) www.paralegal management.org
Deponent
Judgment
Codification
26. 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.
Subject matter jurisdiction
Arraignment
Third-party claim
Restatement of the Law of Torts - Second
27. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Directed verdict
Complaint
Standing
28. A request that the court prohibit the use of certain evidence at the trial.
Holding
Majority opinion
Motion to suppress
Property
29. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Proximate cause
Reasonable suspicion
Popular name table
30. A national paralegal association.
Standing
National Association of Legal Assistants (NALA) www.nala.org
Legal clinic
Service
31. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Entrapment
Exhaustion of administrative remedies
Motion to require a finding of not guilty
Hearsay
32. A person who initiates a lawsuit.
American Bar Association (ABA) www.abanet.org
Civil law
Rule
Plaintiff
33. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Judicial activism
Ethical wall or screen or cone of silence
Cross-claim
Plain meaning
34. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Professional judgment
Appellate brief
Concurring opinion
Affirmative defense
35. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Search engine
Invasion of Privacy
Majority opinion
Legal Reasoning
36. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Specific performance
Plain meaning
Stop and frisk
Strict liability
37. A defendant's personal promise to appear in court.
Limited liability partnership (LLP)
Syllabus
Secondary authority
Personal recognizance bond
38. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Full-text database
Pleadings
Interrogatories
39. Summary of one legal point in a court opinion; written by the editors at West.
Disposition
Exculpatory clause
Headnote
International Paralegal Management Association (IPMA) www.paralegal management.org
40. Consists of records - contracts - leases - wills - and other written instruments.
per curium
Documentary evidence
Injunction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
41. When an appellate court that normally sits in panels sits as a whole.
Statute
En banc
Battered woman's or spouse's syndrome
Implied warranty of habitability
42. The power of a court to hear a case.
Jurisdiction
12(b)(6) motion
Corroborative evidence
Remand
43. A judicial philosophy that supports an active role for the judiciary in changing the law.
Alternative dispute resolution (ADR)
Assumption of the risk
Judicial activism
Subpoena duces tecum
44. A computerized database that contains the full text of documents - such as court opinions or depositions.
Assumption of the risk
Full-text database
Ethical wall or screen or cone of silence
Judicial notice
45. A constitutional protection against being tried twice for the same crime.
Plain meaning
Double jeopardy
Canons of construction
Service
46. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Stop and frisk
Mediation
Professional Corporation (PC)
Concurrent jurisdiction
47. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Arraignment
Verification
Beyond a reasonable doubt
Exhaustion of administrative remedies
48. A court order requiring a party to perform a specific act or to cease doing a specific act.
Pinpoint cite
Standing
Analogous cases
Injunction
49. A grand jury's written accusation that a given individual has committed a crime.
Harmless error
Adverse possession
Indictment
Affirm
50. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Res ipsa loquitur
Court of record
Mens rea
Negligence