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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. 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.
Ejusdem generis
Nominal damages
Complaint
Product misuse
2. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Plain meaning
Substantial capacity test
Tenancy by the entirety
3. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
General jurisdiction
Entrapment
Eminent Domain
4. A suspicion based on specific facts; less than probable cause.
Contingency Fee
Lay advocate
Reasonable suspicion
Exculpatory evidence
5. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Restatement of the Law of Torts - Second
Court of record
Conflict of interest
Default judgment
6. Disregarding a substantial and unjustifiable risk that harm will result.
Actual cause
Insanity defense
Recklessness
Consideration
7. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Vicarious representation
Limited liability partnership (LLP)
Holding
Bailment
8. A trial court error that is not sufficient to warrant reversing the decision.
Affirmative defense
Arrest
Constitutional law
Harmless error
9. Information about the law - such as that contained in encyclopedias and law review articles.
Legal malpractice
Tenancy in common
Secondary authority
Class action suit
10. A judicial philosophy that supports an active role for the judiciary in changing the law.
Contingency Fee
Judicial activism
Reverse
Mens rea
11. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Products liability
Contributory negligence
On all fours
Miranda warnings
12. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Assault
Direct examination
National Association of Legal Assistants (NALA) www.nala.org
Writ of certiorari
13. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Warrant
Recidivist
Successive conflict of interest
14. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
M'Naghten test
Active Listening
Certified
Lay a foundation
15. 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.
Strict construction
Statutes of limitations
per curium
Substantive law
16. Cases that involve different facts and/or rules of law.
Class action suit
Distinguishable cases
Criminal law
Exclusive jurisdiction
17. In a complaint - one cause of action.
Leading questions
Count
Legal services offices
Guardian
18. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Caption
Expert witness
Broad holding
19. 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.
Reverse
Overrule
Black-letter law
Model Rules of Professional Conduct
20. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Contingency Fee
No-knock warrant
Complaint
Minor premise
21. To perform.
Judicial restraint
per curium
Expert witness
Execute
22. Used to describe legislation that changes the common law.
Subject matter jurisdiction
Product misuse
Derogation of the common law
Actual cause
23. 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.
Paralegal
Certified
Exculpatory clause
Damages
24. A defense whereby the defendant offers new evidence to avoid judgment.
Lay witness
Adverse possession
Active Listening
Affirmative defense
25. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Judgment notwithstanding the verdict (judgment N.O.V.)
Treatment
Punitive damages
U.S. Court of Appeals
26. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
Appellee or respondent
Fixed Fee
Inculpatory evidence
27. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Concluding paragraph
Plea bargaining
Corroborative evidence
Full-text searches
28. Representing someone who is in a position adverse to a prior client.
Statute
Annotated statutes
Successive conflict of interest
Exculpatory evidence
29. A case listed in Shepard's that cites your case.
Hourly rate
Disposition
Equity
Citing case
30. 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)
Removal
Closed Questions
31. A person who permits or directs another person to act on the principal's behalf.
Valid
Principle
Codification of the common law
Real property
32. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Irresistible impulse test
Agent
Compensatory damages
National Federation of Paralegal Associations (NFPA) www.paralegals.org
33. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Arbitration
Appellate brief
Subsequent case history
Cross-examination
34. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Full-text database
Battered woman's or spouse's syndrome
Preponderance of the evidence
Challenge for cause
35. A request that the court order that certain information not be mentioned in the presence of the jury.
Successive conflict of interest
Best evidence rule
Motion in limine
Pocket part
36. An intentional act that creates a harmful or offensive physical contact.
Unauthorized practice of law
Battery
Reversible error
Pattern jury instructions
37. Being informed of some act done or about to be done.
Motion for a new trial
Statutes of limitations
Notice
Punitive damages
38. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Restatement of the Law of Torts - Second
Legal malpractice
Mistrial
39. Cases that involve similar facts and rules of law.
Nominal damages
Analogous cases
Prima facie case
Mediation
40. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Motion to suppress
Road Map paragraph
Product misuse
Reverse
41. The party in a case who has initiated an appeal.
Legal malpractice
Appellee or respondent
Appellate or petitioner
Probable cause
42. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Professional judgment
Nominal damages
Pattern jury instructions
43. A business run by two or more persons as co-owners.
Booking
Substantial capacity test
Partnership
Negligence per se
44. The power of a court to hear a case.
Bailment
Arbitration
Jurisdiction
Constructive
45. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federalism
Real or physical evidence
Adverse possession
Interrogatories
46. An opinion that disagrees with the majority's decision and reasoning.
Third-party claim
Dissenting opinion
Hourly rate
Reasonable suspicion
47. Occurs when the police restrain a person's freedom and charge the person with a crime.
Complaint
Arrest
Derogation of the common law
Pretrial conference
48. The questioning of an opposing witness.
Cross-examination
Necessity
Valid
Battery
49. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Successive conflict of interest
On point
Circumstantial evidence
Judicial notice
50. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Strict liability
Nolo contendere
En banc
Contributory negligence