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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 a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Appellate brief
Judicial notice
Case citation
Challenge for cause
2. The questioning of your own witness.
Direct examination
Rule 56 motion (summary judgment motion)
Ethical wall or screen or cone of silence
Reverse
3. Law that deals with harm to a person or a person's property.
Major premise
Tort law
Mediation
Active Listening
4. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Headnote
Property law
Relevancy
Jurisdiction
5. A person who initiates an appeal.
Appellant or petitioner
Billable hours
Judgment
Legislative intent
6. A special type of joint tenancy applicable only to married couples.
Probable cause
Treatment
Tenancy by the entirety
Specific performance
7. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Double jeopardy
Service
Entrapment
8. A person who initiates a lawsuit.
Ethical wall or screen or cone of silence
Plaintiff
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Deponent
9. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bailment
Open Questions
Indictment
Vicarious representation
10. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Compulsory joinder
Issue of first impression
Subject matter jurisdiction
Motion in limine
11. Books that contain appellate court decisions. There are both official and unofficial reporters.
Practice of law
Cross-claim
Case reporters
Expert witness
12. A provision that purports to waive liability.
Exculpatory clause
Loislaw
Nolo contendere
Inculpatory evidence
13. A court's power to hear only specialized cases.
Default judgment
Professional judgment
Limited jurisdiction
Concurrent jurisdiction
14. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Court of record
Appellate brief
Res ipsa loquitur
Certificated
15. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Pattern jury instructions
Reverse
Westlaw
Joint tenancy
16. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Loislaw
Broad holding
Citing case
17. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Materiality
Fact
Reverse
18. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Notice pleading
Miranda warnings
Complaint
Reversible error
19. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Exculpatory clause
Subsequent case history
per curium
Direct evidence
20. The law itself - such as statutes and court opinions.
Dissenting opinion
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Primary authority
Inculpatory evidence
21. 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.
Minor premise
Directed verdict
Summons
Mens rea
22. 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.
Headnote
Retainer agreement
International Paralegal Management Association (IPMA) www.paralegal management.org
Unofficial reporter
23. The power of the federal courts to hear matters of federal law.
Void for vagueness
Derogation of the common law
Federal question jurisdiction
Valid
24. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Registration
Statute in derogation of the common law
Exculpatory clause
Common law
25. Also known as real estate; land and items growing on or permanently attached to that land.
Popular name table
On all fours
Real Property
Remand
26. The result reached in a particular case.
Disposition
Agent
Fruit of the poisonous tree doctrine
Codification of the common law
27. A trial court error that is not sufficient to warrant reversing the decision.
Corroborative evidence
Federalism
Harmless error
Retreat exception
28. A court opinion that establishes new law in an important area.
Landmark decision
Intellectual Property
Motion to require a finding of not guilty
Paralegal
29. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Internet
Bench trial
Entrapment
Remand
30. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Indictment
Specific performance
Diversity jurisdiction
Challenge for cause
31. A canon of construction meaning 'of the same class.:
Civil law
Voir dire
Citation
Ejusdem generis
32. 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.
Professional Corporation (PC)
Pretrial conference
Intellectual Property
Procedural facts
33. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Arbitration
Model Rules of Professional Conduct
Bail
Court of record
34. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Statute of limitations
Narrow Holding
Exculpatory evidence
Guardian
35. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Strict liability
Unauthorized practice of law
Contributory negligence
Issue
36. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Real Property
Intentional tort
Syllabus
37. The intermediate appellate courts in the federal system.
Rule
U.S. Court of Appeals
Affirmative defense
Principle
38. A public or private statement that an attorney's conduct violated the code of ethics.
Civil law
Reprimand or censure
Stare decisis
Execute
39. A claim by the defendant against the plaintiff.
Rule
Counterclaim
Writ of execution
Lexis
40. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Insanity defense
Reversible error
Request for admissions
per curium
41. Summary of one legal point in a court opinion; written by the editors at West.
Exculpatory clause
Preponderance of the evidence
Caption
Headnote
42. Federal and state rules that regulate how criminal proceedings are conducted.
Battered woman's or spouse's syndrome
Rules of criminal procedure
Reverse
Appellant or petitioner
43. In a case brief - the general legal principle in existence before the case began.
Rule
Pleadings
Statute of limitations
Assault
44. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Res ipsa loquitur
Affirm
Judgment proof
Fruit of the poisonous tree doctrine
45. 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.
Dismissal with prejudice
Grand jury
Procedural law
Persuasive authority
46. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Negligence
Arrest
Harmless error
Annotated statutes
47. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Mandatory authority
Judicial review
American Association for Paralegal Education (AAfPE) www.aafpe.org
48. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Arbitration
Code of Federal Regulations (C.F.R.)
Guardian
Westlaw
49. Law that deals with harm to an individual.
Comparative negligence
Civil law
Appellate courts
Arrest
50. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Contingency fee
Judicial restraint
Appellate brief
Respondeat superior