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Test your basic knowledge |
Paralegal 101
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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 group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Grand jury
Notice pleading
Notice
Appellate brief
2. Standard used by appellate courts when reviewing a trial court's findings of fact.
Judgment proof
Intentional tort
Popular name table
Clearly erroneous
3. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Successive conflict of interest
Proximate cause
Internet
Consideration
4. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Dismissal with prejudice
per curium
Reverse
Shepardizing
5. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Subsequent case history
Legal clinic
Summons
Derogation of the common law
6. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Property law
Relevancy
Clearly erroneous
Majority opinion
7. When an appellate court that normally sits in panels sits as a whole.
Partnership
Agent
Liberal construction
En banc
8. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Confidentiality
Summary jury trials
Code
Case citation
9. A repeat offender; one who continues to commit more crimes.
Recidivist
Partnership
Legal technician
Conflict of interest
10. The chronological publication of statutes at the end of a legislative session.
12(b)(6) motion
Subsequent case history
Alternative dispute resolution (ADR)
Statutes at large or session laws
11. Federal and state rules that regulate how criminal proceedings are conducted.
Model Rules of Professional Conduct
Legal Reasoning
Rules of criminal procedure
Constructive
12. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Primary authority
Punitive damages
Appellate brief
Interrogatories
13. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Affirm
Separation of powers
Trial courts
Original jurisdiction
14. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Code of Federal Regulations (C.F.R.)
Irresistible impulse test
Subpoena duces tecum
15. In a case brief - the rule of law applied to the case's specific facts.
Transition
Issue
Negligence
Assumption of the risk
16. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Westlaw
Legal malpractice
Warrant
17. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Contributory negligence
Deposition
Actus rea
18. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Court of record
Power of judicial review
Cause of action
Holding
19. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Legal writing
Circumstantial evidence
Materiality
Subsequent case history
20. A court order requiring a person to appear to testify at a trial or deposition.
Structured database
Implied warranty of habitability
Grand jury
Subpoena
21. Disregarding a substantial and unjustifiable risk that harm will result.
Grand jury
Mandatory authority
Recklessness
Nominal damages
22. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Exclusive jurisdiction
Primary authority
Tort law
23. The pretrial oral questioning of a witness under oath.
Plain meaning
Hourly rate
Deposition
Harmless error
24. A law promulgated by an administrative agency.
Pocket part
Syllabus
Regulation
Tort law
25. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Plain meaning
Alternative dispute resolution (ADR)
Actual cause
Motion to suppress
26. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Persuasive authority
On point
Legislative history
Assault
27. The transfer of a case from one state court to a federal court.
Client trust account
Removal
Interrogatories
Analogous cases
28. Broad questions that put few limits on the freedom of the respondent.
Retainer agreement
Overbreadth
Rule
Open Questions
29. A court's power to hear only specialized cases.
Bailment
Limited jurisdiction
Preemption
Road Map paragraph
30. A request made to the court.
Lay a foundation
Concurring opinion
Motion
Issue
31. The power of a court to force a person to appear before it.
Separation of powers
Internet
Judgment
Personal jurisdiction
32. 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.
Strict liability
Stare decisis
Appellee or respondent
Arraignment
33. When only one court has the power to hear a case.
Exclusive jurisdiction
Statutory element
Charging the jury
Power of judicial review
34. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Judicial restraint
Common law
Hearsay
35. An intentional act that creates a harmful or offensive physical contact.
Battery
Expert witness
Actual cause
On all fours
36. Without the need for a warrant - the police may seize objects that are openly visible.
Tickler System
Fixed Fee
per curium
Plain view doctrine
37. A provision that purports to waive liability.
Statutes of limitations
Bail
Contract
Exculpatory clause
38. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
General jurisdiction
Constitutional law
Distinguishable cases
39. Money is awarded to a plaintiff in payment for his or her actual losses.
Verification
Recklessness
Compensatory damages
Jurisdiction
40. Questions relating to the interpretation or application of the law.
Dissenting opinion
Questions of law
Motion to suppress
Eminent Domain
41. Generally - an emergency situation that allows a search to proceed without a warrant.
On all fours
Headnote
Exigent circumstances
Recklessness
42. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Fruit of the poisonous tree doctrine
Quiet enjoyment
Narrow Holding
Recklessness
43. Consists of records - contracts - leases - wills - and other written instruments.
National Association of Legal Assistants (NALA) www.nala.org
Hourly rate
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Documentary evidence
44. A constitutional protection against being tried twice for the same crime.
Fact
Double jeopardy
Codification
Motion in limine
45. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Tickler System
Bailment
Arbitration
Disbarment
46. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Real Property
Lay witness
Verification
47. Not factually true - but accepted by the courts as being legally true.
Concluding paragraph
Assumption of the risk
Compulsory joinder
Constructive
48. A person who permits or directs another person to act on the principal's behalf.
Regulation
Principle
per curium
Cumulative evidence
49. Specific questions that usually demand very short or yes-no answers.
Affirmative defense
Peremptory challenge
Closed Questions
Pleadings
50. A court's power to hear any type of case arising within its geographical area.
Self-defense
Judicial review
Negligence
General jurisdiction
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