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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 request made to the court.
Judgment notwithstanding the verdict (judgment N.O.V.)
Motion to require a finding of not guilty
Res ipsa loquitur
Motion
2. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Minimum contacts
Plain view doctrine
Retainer agreement
3. The papers that begin a lawsuit-generally - the complaint and the answer.
Request for admissions
Active Listening
Pleadings
Statute of limitations
4. A determination that an attorney may not practice law for a set period of time.
Fixed Fee
Suspension
Verification
Subsequent case history
5. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Lay witness
Legislative history
Constructive eviction
Writ of execution
6. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Appellate or petitioner
Nolo contendere
Verification
Statute
7. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Fact
Proximate cause
Legal Reasoning
8. The person who is being asked questions at a deposition.
Deponent
Lay witness
Subpoena
Stop and frisk
9. Land and objects permanently attached to land.
Federalism
Disbarment
Real property
Case reporters
10. 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
Standing
Diversity jurisdiction
Void for vagueness
Certificated
11. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Stop and frisk
Legal services offices
Real Property
12. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Reprimand or censure
Notice
Dissenting opinion
Attorney-client privilege
13. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Clearly erroneous
Vicarious representation
Arraignment
Subject matter jurisdiction
14. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Exhaustion of administrative remedies
Principle
Freelance Paralegal
Mistrial
15. An issue that the court has never faced before.
Deposition
Major premise
Syllabus
Issue of first impression
16. 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.
Restatement of the Law of Torts - Second
Inculpatory evidence
Westlaw
Evidence
17. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Cause of action
Lay advocate
Unofficial reporter
Hourly rate
18. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Guardian
Pattern jury instructions
Federal question jurisdiction
Valid
19. A national organization of paralegal programs that promotes high standards for paralegal education.
per curium
American Association for Paralegal Education (AAfPE) www.aafpe.org
Contributory negligence
Evidence
20. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Minimum contacts
Prima facie case
Judicial restraint
Jurisdiction
21. A computerized database that contains key information about the content of documents - such as medical records.
National Association of Legal Assistants (NALA) www.nala.org
Statutes at large or session laws
Structured database
Bench trial
22. A request that the court order that certain information not be mentioned in the presence of the jury.
Leading question
Slip laws
Citing case
Motion in limine
23. A statute that changes the common law.
Jurisdiction
Statute in derogation of the common law
Deposition
Narrow Holding
24. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Case citation
Hypertext links
Challenge for cause
Active Listening
25. The opinion of a jury on a question of fact.
Entrapment
Full-text database
Verdict
Mediation
26. Standard used by appellate courts when reviewing a trial court's findings of fact.
Constructive eviction
Freelance Paralegal
Registration
Clearly erroneous
27. The law itself - such as statutes and court opinions.
Verification
Shepardizing
Open Questions
Primary authority
28. Occurs when the police restrain a person's freedom and charge the person with a crime.
Arrest
Bail
Booking
Headnote
29. A court order requiring a party to perform a specific act or to cease doing a specific act.
Summary jury trials
Statutory element
Defendant
Injunction
30. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Annotated statutes
Prior case history
Contract
Exclusive jurisdiction
31. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Pleading in the alternative
Voir dire
Void for vagueness
Insanity defense
32. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Bailment
Voir dire
Judicial restraint
Rules of criminal procedure
33. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Indictment
Contingency fee
Dissenting opinion
Subpoena
34. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Miranda warnings
Strict construction
Narrow Holding
Code
35. A defense whereby the defendant offers new evidence to avoid judgment.
Disbarment
Compulsory joinder
Limited liability partnership (LLP)
Affirmative defense
36. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Circumstantial evidence
Punitive damages
Paralegal
Lexis
37. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Exculpatory clause
Certified
Original jurisdiction
Circumstantial evidence
38. 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.
Judgment
Actual cause
Entrapment
Caption
39. 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.
Transition
Inculpatory evidence
Exhaustion of administrative remedies
Implied warranty of habitability
40. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Leading questions
Dictum
Doctrine of implied powers
Default judgment
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.
Pleadings
Subject matter jurisdiction
Client trust account
Case citation
42. Establishes a direct link to the event that must be proven.
Direct evidence
Pocket part
Materiality
Voir dire
43. Something of value exchanged to form the basis of a contract.
Consideration
Legislative history
Charging the jury
Legal services offices
44. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Valid
Paralegal
Disbarment
Constructive eviction
45. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Evidence
Class action suit
Appellant or petitioner
Joint tenancy
46. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Liberal construction
Retainer agreement
Remedial statute
Easement
47. A request that the court release the defendant because of the illegality of the incarceration.
Restatement of the Law of Torts - Second
Duress
Writ of habeas corpus
12(b)(6) motion
48. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Court of record
Indictment
Official reporter
Entrapment
49. Including more than one count in a complaint; the counts do not need to be consistent.
Vicarious representation
Charging the jury
Legal Research
Pleading in the alternative
50. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Rules of criminal procedure
Legal writing
Alternative dispute resolution (ADR)
Primary authority