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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. An opinion in which a majority of the court joins.
Nolo contendere
Issue
Dissenting opinion
Majority opinion
2. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Enabling act
Arrest
Concurrent jurisdiction
3. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Notice
Self-defense
No-knock warrant
4. The division of governmental power among the legislative - executive - and judicial branches.
Invasion of Privacy
Separation of powers
Slip laws
Rules of criminal procedure
5. A court order authorizing a sheriff to take property in order to enforce a judgment.
Issue of first impression
Writ of execution
Warrant
Insanity defense
6. When more than one court has jurisdiction to hear a case.
Arraignment
Professional Corporation (PC)
Expert witness
Concurrent jurisdiction
7. When an appellate court sends a case back to the trial court for a new trial or other action.
Loislaw
Judicial notice
Judicial review
Remand
8. Something of value exchanged to form the basis of a contract.
Consideration
Model Rules of Professional Conduct
Landmark decision
Booking
9. 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.
Statute of limitations
Invasion of Privacy
Motion to suppress
Reprimand or censure
10. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Judgment
Personal jurisdiction
Nominal damages
Freelance Paralegal
11. A defense requiring proof that the defendant was not mentally responsible.
Statutes of limitations
Insanity defense
Bill of Rights
Transition
12. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Directed verdict
Judicial restraint
Substantive facts
Expert witness
13. 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.
Strict construction
Res ipsa loquitur
Concluding paragraph
Minimum contacts
14. General principles that guide the courts in their interpretation of statutes.
Affirmative defense
Rule
Exclusionary rule
Canons of construction
15. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Agent
Clearly erroneous
Landmark decision
Overrule
16. 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.
Pretrial conference
Pretrial motion
International Paralegal Management Association (IPMA) www.paralegal management.org
Procedural law
17. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Stare decisis
Lay witness
Competency
Constructive
18. The rule requiring that the original document be produced at trial.
Best evidence rule
Directed verdict
Stop and frisk
Negligence
19. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Testimonial evidence
Writ of habeas corpus
Legal services offices
U.S. district courts
20. A book that contains court opinion headnotes arranged by subject matter.
Digest
Appellee or respondent
Headnote
Contributory negligence
21. 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
Legal malpractice
Necessity
Adverse possession
22. Courts that determine whether lower courts have made errors of law.
Suspension
Appellate courts
Pleading in the alternative
Reasonable suspicion
23. A statute that changes the common law.
U.S. district courts
Motion in limine
Notice pleading
Statute in derogation of the common law
24. 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)
Ejusdem generis
Issue
Directed verdict
25. A computerized database that contains the full text of documents - such as court opinions or depositions.
Common law
Full-text database
Substantial capacity test
Alternative dispute resolution (ADR)
26. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Issue
Bill of Rights
Issue of first impression
27. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Analogous cases
Ethical wall or screen or cone of silence
Federalism
Preponderance of the evidence
28. 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.
Headnote
Headnote
Booking
Rules of evidence
29. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Legislative history
Jurisdiction
Personal property
Potential conflict
30. A law enacted by a state legislature or by Congress.
Service
Statute
Bailment
Exigent circumstances
31. Courts that determine the facts and apply the law to the facts.
Substantive law
Trial courts
On point
Procedural law
32. Being informed of some act done or about to be done.
Contingency Fee
Headnote
Notice
Questions of fact
33. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Compensatory damages
Assumption of the risk
Lay advocate
National Association of Legal Assistants (NALA) www.nala.org
34. The general jurisdiction trial courts in the federal system.
Competency
U.S. Court of Appeals
Personal jurisdiction
U.S. district courts
35. In logic - a belief that justifies one in arguing a conclusion.
Negligence
Assumption
Stare decisis
Model Rules of Professional Conduct
36. An actual incident or condition; not a legal consequence.
Contributory negligence
Fact
Professional Corporation (PC)
Request for admissions
37. The purpose of the legislature at the time it enacted the statute.
Personal recognizance bond
Battered woman's or spouse's syndrome
Writ of certiorari
Legislative intent
38. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Entrapment
Materiality
Products liability
Enabling act
39. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Transition
Property
Tenancy in common
40. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Authentication
Mistrial
Citing case
Federal question jurisdiction
41. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Issue
Duress
Partnership
Interrogatories
42. The tort theory that an employer can be sued for the negligent acts of its employees.
Defamation
General jurisdiction
Respondeat superior
Mediation
43. All property that is not real property.
Personal property
Indictment
Dissenting opinion
Bail
44. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Practice of law
Legal services offices
Constructive eviction
45. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Subpoena duces tecum
Caption
Personal property
Complaint
46. A trial court error that is not sufficient to warrant reversing the decision.
Full-text database
Reverse
Attorney-client privilege
Harmless error
47. The party in a case who has initiated an appeal.
Appellate or petitioner
Judgment
Actus rea
Inculpatory evidence
48. '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.
Self-defense
Default judgment
Res ipsa loquitur
Citation
49. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Intellectual Property
Headnote
Pocket part
50. Evidence that supports previous testimony but that comes in a different form.
Leading questions
Disposition
Case citation
Corroborative evidence