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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 term used to describe a case that is similar to another case.
No-knock warrant
On point
M'Naghten test
Subsequent case history
2. A court's prior permission for the police to search and seize.
Remedial statute
Warrant
Overrule
Search engine
3. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Fruit of the poisonous tree doctrine
Preemption
Holding
4. Evidence that suggests the defendant's guilt.
Consideration
Inculpatory evidence
Legislative history
Battered woman's or spouse's syndrome
5. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Notice pleading
Dismissal with prejudice
Punitive damages
Concurring opinion
6. A tort committed by one who intends to do the act that creates the harm.
Codification of the common law
Inculpatory evidence
Proving a case within a case
Intentional tort
7. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Registration
Actual cause
Leading question
Majority opinion
8. Money is awarded to a plaintiff in payment for his or her actual losses.
Compensatory damages
Procedural facts
Holding
Canons of construction
9. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Notice pleading
Statute in derogation of the common law
Digest
10. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
U.S. district courts
Dismissal with prejudice
Billable hours
Cross-claim
11. Liability without having to prove fault.
Pattern jury instructions
Compulsory joinder
Legal technician
Strict liability
12. Indirect evidence - used to prove facts by implication.
Duress
Cross-examination
Circumstantial evidence
U.S. district courts
13. A court opinion that establishes new law in an important area.
Landmark decision
Legal Research
Motion in limine
Testimonial evidence
14. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Retainer agreement
Grand jury
Liberal construction
Bailment
15. A warrant that allows the police to enter without announcing their presence in advance.
Procedural facts
No-knock warrant
Statute of limitations
Rules of evidence
16. 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.
Lay advocate
Leading question
Analogous cases
Appellate brief
17. 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.
Cross-examination
Indictment
Plea bargaining
Remand
18. Rules and regulations created by administrative agencies.
Grand jury
Administrative law
Pattern jury instructions
Personal jurisdiction
19. Evidence that supports previous testimony but that comes in a different form.
Writ of execution
Reasonable suspicion
Corroborative evidence
Freelance Paralegal
20. 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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21. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Statute in derogation of the common law
Transition
Limited liability partnership (LLP)
Intellectual Property
22. Used to describe legislation that changes the common law.
Successive conflict of interest
Derogation of the common law
Liberal construction
Majority opinion
23. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Appellate or petitioner
American Association for Paralegal Education (AAfPE) www.aafpe.org
Attorney-client privilege
Entrapment
24. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
U.S. Court of Appeals
Comparative negligence
Paralegal
Entrapment
25. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Regulation
Judicial restraint
Doctrine of implied powers
Probable cause
26. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Property law
Federalism
Full-text database
Stop and frisk
27. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Compulsory joinder
Paralegal
Reasonable suspicion
Remedial statute
28. A court's power to hear any type of case arising within its geographical area.
Diversity jurisdiction
Request for admissions
General jurisdiction
Minor premise
29. The process of finding the law.
Execute
Pattern jury instructions
Substantive facts
Legal Research
30. A document that lists statements regarding specific items for the other party to admit or deny.
Expert witness
Judicial review
Citation
Request for admissions
31. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Structured database
Proving a case within a case
Materiality
Concurring opinion
32. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Authentication
Substantial capacity test
Criminal law
33. 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.
Freelance Paralegal
Product misuse
Battered woman's or spouse's syndrome
Warrant
34. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Service
Pretrial motion
Motion for a new trial
National Federation of Paralegal Associations (NFPA) www.paralegals.org
35. 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
Nolo contendere
Original jurisdiction
Deponent
36. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Plain meaning
Real Property
Unofficial reporter
37. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Transition
Constitutional law
Tenancy by the entirety
Specific performance
38. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Broad holding
Questions of fact
Invasion of Privacy
Concurring opinion
39. Occurs when the police restrain a person's freedom and charge the person with a crime.
Concurrent conflict of interest
Arrest
Professional Corporation (PC)
Professional judgment
40. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Battery
Duress
Federalism
Circumstantial evidence
41. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Leading questions
Subpoena duces tecum
Necessity
Default judgment
42. The purpose of the legislature at the time it enacted the statute.
Pocket part
Legislative intent
Headnote
Westlaw
43. The party in a case who has initiated an appeal.
Strict liability
Appellate or petitioner
Subpoena
Products liability
44. The publication of false statements that harm a person's reputation.
Defamation
Counterclaim
Grand jury
Overrule
45. 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
Peremptory challenge
Road Map paragraph
Corroborative evidence
46. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Duress
Plain meaning
Loislaw
Major premise
47. Written questions sent by one side to the opposing side - answered under oath.
Pleadings
Original jurisdiction
Lay a foundation
Interrogatories
48. 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
Administrative law
Ejusdem generis
Affirmative defense
49. A national organization of paralegal programs that promotes high standards for paralegal education.
Derogation of the common law
American Association for Paralegal Education (AAfPE) www.aafpe.org
Exclusive jurisdiction
Civil law
50. 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.
Legal technician
Comparative negligence
Reverse
Registration