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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 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.
Respondeat superior
Retainer agreement
Motion to require a finding of not guilty
Specific performance
2. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Duress
Valid
Motion for a new trial
Directed verdict
3. A defense whereby the defendant offers new evidence to avoid judgment.
Judicial review
Testimonial evidence
Consideration
Affirmative defense
4. Establishes a direct link to the event that must be proven.
Direct evidence
Partnership
Lay advocate
Punitive damages
5. 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.
per curium
Hourly rate
Count
Cross-claim
6. When an appellate court overturns or negates the decision of a lower court.
Reverse
Defamation
Products liability
Double jeopardy
7. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Stare decisis
Subsequent case history
Power of judicial review
8. 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.
Product misuse
Cause of action
Real or physical evidence
Unofficial reporter
9. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Remand
Primary authority
Vicarious representation
Contributory negligence
10. Being informed of some act done or about to be done.
Joint tenancy
Notice
Stare decisis
Respondeat superior
11. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Billable hours
Beyond a reasonable doubt
Ethical wall or screen or cone of silence
Standing
12. An approach whereby the courts give a statute a narrow interpretation.
Implied warranty of habitability
Real property
Strict construction
Legal technician
13. When an appellate court that normally sits in panels sits as a whole.
General jurisdiction
En banc
Statutes of limitations
Disposition
14. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Distinguishable cases
Motion
Actual cause
Unofficial reporter
15. Governmental publication of court opinions.
Legal technician
Rule
Defamation
Official reporter
16. A token sum awarded when liability has been found but monetary damages cannot be shown.
Criminal law
Concluding paragraph
Nominal damages
Rule
17. The law itself - such as statutes and court opinions.
Alternative dispute resolution (ADR)
Primary authority
Relevancy
Landmark decision
18. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Probable cause
Legal Reasoning
Contributory negligence
Subsequent case history
19. Evidence that does not add any new information but that confirms facts that already have been established.
Direct evidence
Disbarment
Cumulative evidence
Appellee or respondent
20. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Prior case history
Appellate courts
En banc
Conflict of interest
21. An actual incident or condition; not a legal consequence.
Exigent circumstances
Appellate or petitioner
Fact
Entrapment
22. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Limited liability partnership (LLP)
M'Naghten test
Slip laws
23. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Restatement of the Law of Torts - Second
Legal clinic
Search engine
Trial courts
24. Someone who has the power to act in the place of another.
Notice
Subject matter jurisdiction
Agent
Reverse
25. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Citation
Pleadings
Popular name table
Hypertext links
26. The modern pretrial procedure by which one party gains information from the adverse party.
Intentional tort
Negligence
Confidentiality
Discovery
27. The revocation of an attorney's license.
Disbarment
Recklessness
Affirmative defense
Pattern jury instructions
28. Books that contain appellate court decisions. There are both official and unofficial reporters.
Deposition
Count
Subsequent case history
Case reporters
29. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Service
Remand
Booking
Contributory negligence
30. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Real or physical evidence
Battered woman's or spouse's syndrome
Quiet enjoyment
Strict liability
31. A statute establishing and setting out the powers of an administrative agency.
Recidivist
Enabling act
Westlaw
Unofficial reporter
32. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Verdict
Lay advocate
Separation of powers
Affirm
33. Questions that suggest the answer.
Leading question
Bail
Leading questions
Concurring opinion
34. The chronological publication of statutes at the end of a legislative session.
Professional Corporation (PC)
Legal Research
Statutes at large or session laws
Standing
35. Bad intent.
Mens rea
Joint tenancy
Pretrial conference
Potential conflict
36. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Prior case history
Limited liability partnership (LLP)
Cross-examination
Headnote
37. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Broad holding
Clearly erroneous
Caption
Shepardizing
38. A worldwide network of computer networks.
Relevancy
Documentary evidence
Exclusionary rule
Internet
39. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Tenancy in common
Contract
Remedial statute
Recklessness
40. Money is awarded to a plaintiff in payment for his or her actual losses.
Full-text database
Derogation of the common law
Preponderance of the evidence
Compensatory damages
41. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Unauthorized practice of law
Duress
Common law
Property law
42. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Federalism
Appellate brief
Overrule
Product misuse
43. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Battery
Mediation
Full-text searches
Compensatory damages
44. A bank account used to hold money belonging to the client or to a third party.
Case citation
International Paralegal Management Association (IPMA) www.paralegal management.org
Client trust account
Self-defense
45. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Alternative dispute resolution (ADR)
Confidentiality
Caption
Necessity
46. The general jurisdiction trial courts in the federal system.
Mediation
U.S. district courts
Tenancy in common
Complaint
47. Cases that involve similar facts and rules of law.
Lay advocate
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Procedural law
Analogous cases
48. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Internet
Subsequent case history
Summons
49. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Certified
Concurrent conflict of interest
Issue
Recidivist
50. Law that deals with harm to society as a whole.
Tenancy by the entirety
Notice pleading
Tort law
Criminal law