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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. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Restrictive covenant
Majority opinion
Alternative dispute resolution (ADR)
Partnership
2. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Overrule
Power of judicial review
Official reporter
Preemption
3. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Landmark decision
Negligence
Professional Corporation (PC)
Judicial activism
4. The power of a court to hear a case.
Valid
Lay a foundation
Stare decisis
Jurisdiction
5. A meeting of the attorneys and the judge prior to the beginning of the trial.
Pretrial conference
Exhaustion of administrative remedies
Self-defense
Assumption of the risk
6. A person who permits or directs another person to act on the principal's behalf.
Preponderance of the evidence
Legal fiction
Principle
Expert witness
7. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Voir dire
Plain meaning
Negligence
Bill of Rights
8. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Model Rules of Professional Conduct
Fixed Fee
On all fours
Entrapment
9. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Clear and convincing
Client trust account
Standing
Limited liability partnership (LLP)
10. A set of standardized jury instructions.
Pattern jury instructions
Case citation
Assumption
No-knock warrant
11. 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.
Clear and convincing
Overrule
Issue
Joint tenancy
12. The failure to act reasonably under the circumstances.
Cross-claim
Negligence
Competency
Statutes of limitations
13. The questioning of your own witness.
Expert witness
Direct examination
Hearsay
Grand jury
14. Also known as real estate; land and items growing on or permanently attached to that land.
Real or physical evidence
Expert witness
Procedural law
Real Property
15. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Service
Leading question
Battered woman's or spouse's syndrome
16. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Bail
Potential conflict
Federalism
17. The process of properly identifying and authenticating evidence so that it can be introduced.
Direct examination
Legislative history
Lay a foundation
Headnote
18. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Prima facie case
Affirmative defense
National Federation of Paralegal Associations (NFPA) www.paralegals.org
19. 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.
Evidence
Regulation
Lay witness
Minor premise
20. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Arbitration
Intentional tort
Doctrine of implied powers
Unofficial reporter
21. A statement in a judicial opinion not necessary for the decision of the case.
Irresistible impulse test
Appellate brief
Dictum
Suspension
22. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Battered woman's or spouse's syndrome
Original jurisdiction
Certificated
Common law
23. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Concurring opinion
Treatment
Deductive reasoning
Assumption of the risk
24. A document that lists statements regarding specific items for the other party to admit or deny.
Lay advocate
Statute of limitations
Request for admissions
Registration
25. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Procedural facts
Case reporters
Irresistible impulse test
26. Law that deals with harm to a person or a person's property.
Pleadings
Citation
Peremptory challenge
Tort law
27. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Directed verdict
Rules of evidence
Subpoena duces tecum
Negligence
28. A special type of joint tenancy applicable only to married couples.
Constructive eviction
Verification
Leading question
Tenancy by the entirety
29. 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.
Primary authority
Professional judgment
Proximate cause
Majority opinion
30. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Transition
Holding
Motion for a new trial
Search engine
31. 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.
Service
Arraignment
Pretrial conference
Retreat exception
32. When a higher court agrees with what lower court has done.
Affirm
Assault
Lexis
Materiality
33. The general jurisdiction trial courts in the federal system.
Personal property
U.S. district courts
Nolo contendere
Constructive eviction
34. 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.
Full-text searches
Third-party claim
Competency
Product misuse
35. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
U.S. Court of Appeals
Reverse
Concurrent jurisdiction
Concluding paragraph
36. 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.
Federalism
Booking
U.S. Supreme Court
Certificated
37. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Remand
Statute of limitations
Dissenting opinion
Motion
38. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Discovery
Mediation
Negligence
Substantial capacity test
39. 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.
Assumption of the risk
Minimum contacts
Enabling act
Reprimand or censure
40. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Void for vagueness
Primary authority
Administrative law
41. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Consideration
Defendant
Harmless error
Remand
42. A national association of paralegal associations.
Lay witness
Statute of limitations
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Miranda warnings
43. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Federal question jurisdiction
Rule
Doctrine of implied powers
Contingency fee
44. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
No-knock warrant
Strict liability
Directed verdict
Federal question jurisdiction
45. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Holding
Summons
Hourly rate
Certified
46. 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.
Motion to suppress
Prima facie case
Beyond a reasonable doubt
Stare decisis
47. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Rule
Invasion of Privacy
Defendant
48. The educated ability to apply law to specific facts.
Suspension
Plain view doctrine
Vicarious representation
Professional judgment
49. The modern pretrial procedure by which one party gains information from the adverse party.
Consideration
Discovery
per curium
Open Questions
50. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
Affirm
Leading questions
Doctrine of implied powers