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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. Someone who has the power to act in the place of another.
Exhaustion of administrative remedies
Agent
Strict construction
Easement
2. The person who is being asked questions at a deposition.
Deponent
Assumption
Negligence
International Paralegal Management Association (IPMA) www.paralegal management.org
3. A term used to describe two cases that are almost identical - with similar facts and legal issues.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Concurrent conflict of interest
Hypertext links
On all fours
4. Any tangible object - like a bloody glove.
Quiet enjoyment
Federal question jurisdiction
Real or physical evidence
Doctrine of implied powers
5. When an appellate court sends a case back to the trial court for a new trial or other action.
Annotated statutes
Holding
Remand
Challenge for cause
6. A request that the court order that certain information not be mentioned in the presence of the jury.
Assault
Circumstantial evidence
Motion in limine
Subpoena duces tecum
7. 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.
Black-letter law
Intentional tort
Miranda warnings
Hearsay
8. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Harmless error
Void for vagueness
Warrant
Major premise
9. To perform.
Affirm
Execute
Warrant
Remedial statute
10. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Questions of law
Alternative dispute resolution (ADR)
Reverse
Judicial restraint
11. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Leading question
Verdict
Syllabus
12. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Issue
Leading question
Clearly erroneous
Potential conflict
13. The process of legislative enactment of areas of the law previously governed solely by the common law.
Case citation
Reverse
Codification of the common law
Citation
14. Including more than one count in a complaint; the counts do not need to be consistent.
Professional judgment
Exculpatory clause
Pleading in the alternative
Pinpoint cite
15. When the defendant does not have sufficient money or other assets to pay the judgment.
Mistrial
Judgment proof
Charging the jury
Subpoena duces tecum
16. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Legal services offices
Holding
Summons
Plea bargaining
17. A witness who possesses skill and knowledge beyond that of the average person.
Circumstantial evidence
Expert witness
Notice pleading
Personal recognizance bond
18. The chronological publication of statutes at the end of a legislative session.
Constructive
Dismissal with prejudice
Trial courts
Statutes at large or session laws
19. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Discovery
Professional Corporation (PC)
Statutes of limitations
Clear and convincing
20. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Full-text searches
Constructive
Legal writing
Codification of the common law
21. A determination that an attorney may not practice law for a set period of time.
U.S. district courts
Suspension
Bill of Rights
Case reporters
22. A judicial philosophy that supports an active role for the judiciary in changing the law.
Prior case history
Judicial activism
Black-letter law
Concurrent conflict of interest
23. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Federalism
Battery
Adverse possession
Personal property
24. A set of standardized jury instructions.
Verification
Pattern jury instructions
Assumption of the risk
Concluding paragraph
25. The requirement that relief be sought from an administrative agency before proceeding to court.
Treatment
Arraignment
Rules of evidence
Exhaustion of administrative remedies
26. A warrant that allows the police to enter without announcing their presence in advance.
Lay witness
Personal jurisdiction
Judicial review
No-knock warrant
27. 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.
Reverse
Reprimand or censure
Expert witness
Motion to require a finding of not guilty
28. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Overrule
Assault
Real Property
Duress
29. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Issue
Full-text searches
Harmless error
Judicial restraint
30. 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.
Competency
Enabling act
Pleadings
Caption
31. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Reverse
Third-party claim
Real or physical evidence
Materiality
32. The party in a case who has initiated an appeal.
Appellate or petitioner
Disposition
Probable cause
Irresistible impulse test
33. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Annotated statutes
Unofficial reporter
Affirmative defense
Testimonial evidence
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.
Products liability
Motion for a new trial
Duress
National Federation of Paralegal Associations (NFPA) www.paralegals.org
35. An actual incident or condition; not a legal consequence.
Official reporter
Fact
Bailment
Specific performance
36. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Recidivist
Court of record
Hourly rate
Legal writing
37. Cases that involve similar facts and rules of law.
Reverse
Analogous cases
Fixed Fee
Appellee or respondent
38. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Appellee or respondent
Federalism
Official reporter
39. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Warrant
Minimum contacts
Dissenting opinion
40. When more than one court has jurisdiction to hear a case.
Challenge for cause
Subsequent case history
Concurrent jurisdiction
Black-letter law
41. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Valid
Tenancy by the entirety
Clearly erroneous
Harmless error
42. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Materiality
Paralegal
Statute of limitations
43. Governmental publication of court opinions.
Legal technician
Official reporter
Verification
Consideration
44. The judge informs the jurors of the law they need to know to make their decision.
Internet
Doctrine of implied powers
Actual cause
Charging the jury
45. 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.
Defendant
Retainer
Beyond a reasonable doubt
Tickler System
46. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Res ipsa loquitur
Execute
Hypertext links
Judgment proof
47. The rules whereby all members of a law firm are treated as though they had represented the former client.
Probable cause
Vicarious representation
Defendant
Harmless error
48. The power of a court to hear a case.
Plaintiff
Jurisdiction
Arrest
Guardian
49. Violation of a statute as proof of negligence
Negligence per se
Administrative law
U.S. Court of Appeals
Lay witness
50. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Structured database
Property law
Nominal damages