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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 opinion of a jury on a question of fact.
M'Naghten test
Assumption of the risk
Verdict
Judicial restraint
2. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Comparative negligence
Rules of evidence
Attorney-client privilege
Ejusdem generis
3. A warrant that allows the police to enter without announcing their presence in advance.
Model Rules of Professional Conduct
No-knock warrant
Personal jurisdiction
Professional judgment
4. 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.
Appellate brief
Jurisdiction
Contributory negligence
Retainer agreement
5. The power of a court to force a person to appear before it.
Personal jurisdiction
Strict liability
Judgment notwithstanding the verdict (judgment N.O.V.)
Assumption
6. The rule requiring that the original document be produced at trial.
Standing
Best evidence rule
Negligence
Ethical wall or screen or cone of silence
7. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Subpoena duces tecum
Common law
Confidentiality
Issue of first impression
8. A business run by two or more persons as co-owners.
Partnership
Consideration
Double jeopardy
Lay advocate
9. Written questions sent by one side to the opposing side - answered under oath.
Double jeopardy
U.S. Supreme Court
Reversible error
Interrogatories
10. A tangible object or a right or ownership interest.
Property
Punitive damages
Judicial activism
Tickler System
11. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Circumstantial evidence
Evidence
Assault
Lay advocate
12. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Pleadings
Testimonial evidence
Federal question jurisdiction
Beyond a reasonable doubt
13. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Arraignment
Deposition
Negligence
14. A determination that an attorney may not practice law for a set period of time.
Narrow Holding
Bill of Rights
Retreat exception
Suspension
15. A case listed in Shepard's that cites your case.
Proximate cause
Deponent
Citing case
Client trust account
16. The law itself - such as statutes and court opinions.
Removal
Holding
Primary authority
Judgment
17. Something of value exchanged to form the basis of a contract.
Harmless error
Consideration
Disbarment
Counterclaim
18. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Quiet enjoyment
12(b)(6) motion
Unofficial reporter
Respondeat superior
19. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Official reporter
12(b)(6) motion
Beyond a reasonable doubt
Cause of action
20. Evidence that supports previous testimony but that comes in a different form.
Real or physical evidence
Corroborative evidence
Contributory negligence
Motion to suppress
21. Generally accepted legal principles.
Black-letter law
Legal technician
Issue of first impression
Derogation of the common law
22. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Pinpoint cite
Mistrial
Shepardizing
Negligence per se
23. Also known as real estate; land and items growing on or permanently attached to that land.
Holding
Entrapment
Professional judgment
Real Property
24. Broad questions that put few limits on the freedom of the respondent.
Retainer agreement
Open Questions
Count
Laws
25. A tort committed by one who intends to do the act that creates the harm.
Overrule
Legal clinic
Intentional tort
Legal technician
26. 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.
Freelance Paralegal
Syllabus
Major premise
Product misuse
27. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Transition
Writ of certiorari
Concurring opinion
Stare decisis
28. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Direct examination
Directed verdict
Persuasive authority
29. 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
Deductive reasoning
Code
Treatment
30. An approach whereby the courts give a statute a broad interpretation.
Adverse possession
Liberal construction
Concurring opinion
Certified
31. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Intentional tort
Concluding paragraph
Codification
Harmless error
32. The court's power to review statutes to decide whether they conform to the Constitution.
Restatement of the Law of Torts - Second
Specific performance
Judicial review
Judgment notwithstanding the verdict (judgment N.O.V.)
33. A person who permits or directs another person to act on the principal's behalf.
Principle
Reverse
Counterclaim
Actual cause
34. An advance or down payment that is given to engage the services of an attorney.
Dissenting opinion
Overrule
Retainer
Court of record
35. The power of the federal courts to hear matters of federal law.
Procedural facts
Federal question jurisdiction
En banc
Bail
36. General principles that guide the courts in their interpretation of statutes.
Standing
Removal
Canons of construction
Persuasive authority
37. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Remand
Necessity
Entrapment
Plain view doctrine
38. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Evidence
Persuasive authority
On all fours
Legal Reasoning
39. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Concluding paragraph
Subsequent case history
Lexis
40. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
M'Naghten test
Materiality
Booking
Majority opinion
41. To perform.
Concluding paragraph
Judicial activism
Execute
Billable hours
42. 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.
Arraignment
Legal writing
Pretrial motion
Irresistible impulse test
43. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Westlaw
Vicarious representation
Bail
Procedural law
44. A court order requiring a person to appear to testify at a trial or deposition.
Recidivist
Subpoena
Paralegal
Arrest
45. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Expert witness
Verification
Double jeopardy
Clear and convincing
46. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Majority opinion
Enabling act
Unauthorized practice of law
Legal Reasoning
47. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Testimonial evidence
Notice
Citation
Analogous cases
48. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Hourly rate
Service
Discovery
Appellee or respondent
49. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Interrogatories
Closed Questions
Consideration
50. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Quiet enjoyment
Double jeopardy
Judicial restraint
Booking