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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. The process of properly identifying and authenticating evidence so that it can be introduced.
Professional judgment
Evidence
Lay a foundation
Code
2. The questioning of your own witness.
Transition
Internet
Vicarious representation
Direct examination
3. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Materiality
Default judgment
Tenancy by the entirety
Dictum
4. Standard used by appellate courts when reviewing a trial court's findings of fact.
Authentication
Clearly erroneous
Administrative law
Criminal law
5. A person who permits or directs another person to act on the principal's behalf.
Dissenting opinion
Reverse
Tickler System
Principle
6. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Personal recognizance bond
Partnership
Summary jury trials
Reverse
7. In a case brief - the rule of law applied to the case's specific facts.
Statute in derogation of the common law
Evidence
Issue
General jurisdiction
8. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Remand
Assault
Judgment
Westlaw
9. When an appellate court that normally sits in panels sits as a whole.
Lay witness
En banc
Unofficial reporter
Authentication
10. 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.
Administrative law
Intellectual Property
Motion to require a finding of not guilty
Vicarious representation
11. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Harmless error
Ethical wall or screen or cone of silence
Popular name table
Retreat exception
12. Law that deals with harm to a person or a person's property.
Intellectual Property
Judicial activism
Tort law
Rules of criminal procedure
13. Questions relating to what happened: who - what - when - where - and how.
Pretrial motion
Compensatory damages
Questions of fact
Rule
14. Someone who has the power to act in the place of another.
Self-defense
Agent
Criminal law
Cross-examination
15. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Rule 56 motion (summary judgment motion)
Restrictive covenant
Client trust account
Legislative history
16. Questions that suggest the answer.
Leading questions
Partnership
Constructive eviction
Potential conflict
17. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Plain view doctrine
Attorney-client privilege
Holding
Lay a foundation
18. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Bill of Rights
Product misuse
Treatment
19. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Exculpatory evidence
Appellant or petitioner
Case reporters
20. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Procedural facts
Clear and convincing
Codification
Practice of law
21. Law dealing with ownership.
Testimonial evidence
Retainer agreement
Property law
Pinpoint cite
22. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Materiality
Personal jurisdiction
Mediation
23. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Mediation
12(b)(6) motion
Strict liability
24. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Battery
Tort law
Class action suit
25. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bailment
Constitutional law
Direct evidence
Miranda warnings
26. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited jurisdiction
Limited liability partnership (LLP)
Appellee or respondent
Quiet enjoyment
27. A court order requiring a person to appear to testify at a trial or deposition.
Battered woman's or spouse's syndrome
Subpoena
Partnership
National Association of Legal Assistants (NALA) www.nala.org
28. Including more than one count in a complaint; the counts do not need to be consistent.
Closed Questions
International Paralegal Management Association (IPMA) www.paralegal management.org
Pleading in the alternative
Official reporter
29. Specific questions that usually demand very short or yes-no answers.
Black-letter law
Lay advocate
Closed Questions
Questions of fact
30. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Diversity jurisdiction
Assumption of the risk
Shepardizing
Injunction
31. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Canons of construction
Registration
Remedial statute
Judicial notice
32. Governmental publication of court opinions.
Nolo contendere
Substantial capacity test
Removal
Official reporter
33. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Caption
Certified
Affirm
Motion to require a finding of not guilty
34. 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.
Directed verdict
Adverse possession
Joint tenancy
Distinguishable cases
35. The power of a court to hear a case.
Irresistible impulse test
Writ of certiorari
Testimonial evidence
Jurisdiction
36. A court opinion that establishes new law in an important area.
Landmark decision
Joint tenancy
Exculpatory evidence
Real property
37. A court's power to hear only specialized cases.
Limited jurisdiction
Deposition
Joint tenancy
Jurisdiction
38. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Subpoena
Defendant
Restatement of the Law of Torts - Second
Implied warranty of habitability
39. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Secondary authority
per curium
Jurisdiction
40. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Jurisdiction
Nolo contendere
Reverse
Appellant or petitioner
41. Written questions sent by one side to the opposing side - answered under oath.
Agent
Interrogatories
Questions of law
Black-letter law
42. Establishes a direct link to the event that must be proven.
Evidence
Mandatory authority
Pleading in the alternative
Direct evidence
43. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Void for vagueness
Res ipsa loquitur
Defamation
Constitutional law
44. A witness who possesses skill and knowledge beyond that of the average person.
Legal clinic
Deposition
Citing case
Expert witness
45. An actual incident or condition; not a legal consequence.
Fact
Ejusdem generis
Partnership
Paralegal
46. The new legal principle established by a court opinion.
Holding
Verification
Subject matter jurisdiction
Practice of law
47. When only one court has the power to hear a case.
Full-text searches
Entrapment
Exclusive jurisdiction
Federalism
48. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Attorney-client privilege
Evidence
Federalism
Unauthorized practice of law
49. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
per curium
Contributory negligence
Substantial capacity test
Contract
50. In a complaint - one cause of action.
Overbreadth
Default judgment
Count
Leading question