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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 judicial philosophy that supports an active role for the judiciary in changing the law.
Equity
Booking
Arbitration
Judicial activism
2. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Legal writing
Counterclaim
Cross-examination
3. A witness who has not been shown to have any special expertise.
Expert witness
Retainer agreement
Fact
Lay witness
4. A right to use property owned by another for a limited purpose.
Actus rea
Substantive law
Plea bargaining
Easement
5. A provision that purports to waive liability.
Bailment
Legal writing
Exculpatory clause
Landmark decision
6. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Statute in derogation of the common law
Evidence
7. Bad act.
Arraignment
Actus rea
Defendant
Reprimand or censure
8. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Reprimand or censure
Leading questions
Fruit of the poisonous tree doctrine
Unauthorized practice of law
9. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Duress
Reverse
Closed Questions
Remedial statute
10. A form in which statutes are published; they are printed individually at the time they are first enacted.
Subsequent case history
Personal property
Slip laws
Constructive eviction
11. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Invasion of Privacy
Concurrent jurisdiction
Limited liability partnership (LLP)
Agent
12. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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13. Someone who has the power to act in the place of another.
Conflict of interest
Agent
Strict construction
Consideration
14. A court's power to hear any type of case arising within its geographical area.
Partnership
Overbreadth
General jurisdiction
Codification
15. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Constructive eviction
Case citation
Bail
Civil law
16. A determination that an attorney may not practice law for a set period of time.
Notice
Easement
Stare decisis
Suspension
17. 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.
Directed verdict
Slip laws
Dismissal with prejudice
Preponderance of the evidence
18. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Charging the jury
Injunction
Consideration
19. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Tort law
Broad holding
No-knock warrant
20. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Property
Mistrial
Concurrent conflict of interest
Contributory negligence
21. A defense whereby the defendant offers new evidence to avoid judgment.
Statute of limitations
Affirmative defense
Assumption of the risk
Pattern jury instructions
22. The rule requiring that the original document be produced at trial.
Procedural facts
Proving a case within a case
Client trust account
Best evidence rule
23. The opinion of a jury on a question of fact.
Retainer agreement
Arraignment
Plain meaning
Verdict
24. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Judicial review
Canons of construction
Judgment
25. A case listed in Shepard's that cites your case.
Summons
Circumstantial evidence
Lay witness
Citing case
26. The first ten amendments to the U.S. Constitution.
Irresistible impulse test
Bill of Rights
Writ of execution
Analogous cases
27. The party in a lawsuit against whom an appeal has been filed.
Real Property
Pinpoint cite
Appellee or respondent
Punitive damages
28. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Entrapment
Reprimand or censure
Substantive law
29. A person who initiates an appeal.
Slip laws
Overbreadth
Appellant or petitioner
Codification
30. A fee calculated as a percentage of the settlement or award in the case.
Exhaustion of administrative remedies
U.S. Supreme Court
Contingency Fee
Rule
31. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Substantive facts
Broad holding
Common law
32. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Appellate or petitioner
Warrant
Service
33. A method for excusing a prospective juror; no reason need be given.
Citation
Harmless error
Peremptory challenge
Negligence
34. A set of standardized jury instructions.
Practice of law
Pattern jury instructions
Unauthorized practice of law
Request for admissions
35. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Professional Corporation (PC)
Bailment
Materiality
Voir dire
36. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Reversible error
Full-text searches
Legal Research
Concurrent jurisdiction
37. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Proving a case within a case
Alternative dispute resolution (ADR)
Client trust account
Judicial notice
38. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Overrule
Diversity jurisdiction
Code of Federal Regulations (C.F.R.)
39. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Beyond a reasonable doubt
Statute
Mandatory authority
Property
40. Questions that suggest the answer.
Peremptory challenge
Leading questions
Limited jurisdiction
Reverse
41. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Case citation
Duress
Grand jury
Ethical wall or screen or cone of silence
42. Evidence that supports previous testimony but that comes in a different form.
Substantive facts
Notice pleading
Necessity
Corroborative evidence
43. An agreement supported by consideration.
Treatment
Search engine
Exculpatory clause
Contract
44. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Mediation
Stare decisis
Holding
Comparative negligence
45. Written questions sent by one side to the opposing side - answered under oath.
Comparative negligence
Closed Questions
Interrogatories
Invasion of Privacy
46. Federal and state rules that govern the admissibility of evidence in court.
Derogation of the common law
Rules of evidence
Freelance Paralegal
Judgment proof
47. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Minor premise
Tort law
Judgment
Concluding paragraph
48. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Third-party claim
Inculpatory evidence
Plain meaning
Attorney-client privilege
49. To perform.
Retreat exception
Execute
Federal question jurisdiction
U.S. district courts
50. A witness who possesses skill and knowledge beyond that of the average person.
Quiet enjoyment
Statutes at large or session laws
Overrule
Expert witness
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