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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 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.
Service
Plaintiff
Booking
Popular name table
2. The chronological publication of statutes at the end of a legislative session.
Cause of action
Statutes at large or session laws
Fixed Fee
Legal technician
3. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
On all fours
Diversity jurisdiction
Code
Double jeopardy
4. The process of legislative enactment of areas of the law previously governed solely by the common law.
Open Questions
Verdict
Inculpatory evidence
Codification of the common law
5. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Product misuse
Prima facie case
Procedural facts
Personal property
6. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Remand
Judicial review
Annotated statutes
Code
7. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Reverse
Road Map paragraph
Minimum contacts
Affirm
8. A statute establishing and setting out the powers of an administrative agency.
Popular name table
Rule
Enabling act
Issue
9. A witness who has not been shown to have any special expertise.
Insanity defense
Mandatory authority
Lay witness
Probable cause
10. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Constructive eviction
Writ of execution
Legal technician
11. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Caption
Internet
Holding
Road Map paragraph
12. Liability without having to prove fault.
Materiality
Real Property
Fruit of the poisonous tree doctrine
Strict liability
13. A person who initiates a lawsuit.
Distinguishable cases
Plaintiff
Jurisdiction
Judgment
14. A public or private statement that an attorney's conduct violated the code of ethics.
Legal technician
Case reporters
Reprimand or censure
Subpoena
15. Evidence that supports previous testimony but that comes in a different form.
Judgment proof
Criminal law
Corroborative evidence
Implied warranty of habitability
16. A case listed in Shepard's that cites your case.
Citing case
Remedial statute
Statutory element
Code
17. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Loislaw
Challenge for cause
Concluding paragraph
Overrule
18. Summary of one legal point in a court opinion; written by the editors at West.
Voir dire
Headnote
Product misuse
En banc
19. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Comparative negligence
Beyond a reasonable doubt
Loislaw
Assumption of the risk
20. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
Necessity
Search engine
U.S. Court of Appeals
21. An opinion in which a majority of the court joins.
Compensatory damages
Strict liability
Ethical wall or screen or cone of silence
Majority opinion
22. 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.
Proximate cause
Federalism
Arraignment
Subject matter jurisdiction
23. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Arrest
Rule 56 motion (summary judgment motion)
Concluding paragraph
Conflict of interest
24. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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25. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Narrow Holding
Rule 56 motion (summary judgment motion)
Registration
Jurisdiction
26. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Statute in derogation of the common law
Court of record
Request for admissions
Cross-claim
27. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Best evidence rule
Syllabus
Class action suit
28. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Probable cause
Administrative law
Legal Research
Appellate courts
29. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Canons of construction
Best evidence rule
Motion for a new trial
Judicial notice
30. The power of a court to hear a case.
Jurisdiction
American Association for Paralegal Education (AAfPE) www.aafpe.org
Defendant
Pleading in the alternative
31. Disregarding a substantial and unjustifiable risk that harm will result.
Booking
Subject matter jurisdiction
Recklessness
Execute
32. 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.
Miranda warnings
Retainer agreement
Minor premise
Major premise
33. 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).
Leading questions
Joint tenancy
Motion for a new trial
Model Rules of Professional Conduct
34. 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.
Harmless error
Legal clinic
Request for admissions
Holding
35. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Cross-claim
Entrapment
Narrow Holding
36. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Tenancy by the entirety
Hypertext links
Notice pleading
Concurrent jurisdiction
37. The transfer of a case from one state court to a federal court.
Jurisdiction
Removal
Interrogatories
Plain meaning
38. An opinion that agrees with the majority's result but disagrees with its reasoning.
No-knock warrant
Real property
Issue
Concurring opinion
39. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
Product misuse
Count
Lay advocate
40. The judge informs the jurors of the law they need to know to make their decision.
Common law
Circumstantial evidence
Charging the jury
Third-party claim
41. An opinion that agrees with the majority's result but disagrees with the reasoning.
Rules of evidence
Judgment
Mens rea
Concurring opinion
42. Standard used by appellate courts when reviewing a trial court's findings of fact.
Headnote
Reverse
Clearly erroneous
Certified
43. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Unauthorized practice of law
Complaint
Recidivist
Pretrial motion
44. A defense requiring proof that the defendant was not mentally responsible.
Road Map paragraph
Vicarious representation
Insanity defense
Pleading in the alternative
45. Questions that suggest the answer.
Remand
Federalism
Self-defense
Leading questions
46. A special type of joint tenancy applicable only to married couples.
Cross-examination
Persuasive authority
Duress
Tenancy by the entirety
47. 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.
Plea bargaining
Default judgment
Fruit of the poisonous tree doctrine
On all fours
48. A national organization of paralegal programs that promotes high standards for paralegal education.
Assault
American Association for Paralegal Education (AAfPE) www.aafpe.org
Void for vagueness
Self-defense
49. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Reverse
Expert witness
Verification
50. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Exculpatory clause
Transition
Power of judicial review
Harmless error