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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. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Remand
Assumption of the risk
Legal services offices
Affirm
2. 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.
Appellant or petitioner
Statutes of limitations
Beyond a reasonable doubt
Power of judicial review
3. The chronological publication of statutes at the end of a legislative session.
Principle
Statutes at large or session laws
Annotated statutes
Practice of law
4. The first ten amendments to the U.S. Constitution.
Bill of Rights
Practice of law
Contract
Indictment
5. 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.
Cross-claim
Testimonial evidence
Retainer agreement
Void for vagueness
6. Occurs when the police restrain a person's freedom and charge the person with a crime.
Specific performance
Exclusionary rule
Arrest
Recklessness
7. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
Suspension
Overbreadth
Reprimand or censure
8. A national association of paralegal associations.
Model Rules of Professional Conduct
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Mandatory authority
Certificated
9. 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.
Confidentiality
En banc
Actus rea
Directed verdict
10. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Citing case
Overbreadth
Road Map paragraph
Comparative negligence
11. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Overrule
Dissenting opinion
Restatement of the Law of Torts - Second
Nolo contendere
12. Books that contain appellate court decisions. There are both official and unofficial reporters.
Hourly rate
Invasion of Privacy
Case reporters
Appellee or respondent
13. A term used to describe a case that is similar to another case.
Nolo contendere
On point
Personal property
Codification
14. Generally - an emergency situation that allows a search to proceed without a warrant.
Insanity defense
Exigent circumstances
Preemption
Laws
15. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Concluding paragraph
Dissenting opinion
Intellectual Property
Affirm
16. Monetary compensation - including compensatory - punitive - and nominal damages.
Injunction
Exculpatory evidence
Damages
Easement
17. The power of government to take private property for public purposes.
Implied warranty of habitability
Eminent Domain
Hourly rate
On all fours
18. An approach whereby the courts give a statute a narrow interpretation.
Federalism
Strict construction
Attorney-client privilege
Concurrent jurisdiction
19. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Default judgment
Analogous cases
Unofficial reporter
20. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Procedural law
Valid
Mandatory authority
Punitive damages
21. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
M'Naghten test
Principle
Preponderance of the evidence
Legal writing
22. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Retainer
Third-party claim
Exigent circumstances
23. The court's power to review statutes to decide whether they conform to the Constitution.
Statute in derogation of the common law
Judicial review
Affirmative defense
Majority opinion
24. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Reverse
Minor premise
Procedural law
Major premise
25. 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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26. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Substantial capacity test
Harmless error
Regulation
Implied warranty of habitability
27. Summary of one legal point in a court opinion; written by the editors at West.
Exculpatory evidence
Headnote
Personal recognizance bond
On point
28. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Prior case history
Verification
Legal Reasoning
Recidivist
29. 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.
Motion
Unauthorized practice of law
Clear and convincing
Questions of law
30. A bank account used to hold money belonging to the client or to a third party.
Issue
per curium
Client trust account
Joint tenancy
31. A grand jury's written accusation that a given individual has committed a crime.
Removal
Affirmative defense
Indictment
Principle
32. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Questions of law
12(b)(6) motion
Writ of certiorari
Answer
33. A set charge for a specific service - such as drafting a simple will.
Pleadings
Pretrial motion
Discovery
Fixed Fee
34. 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.
Appellant or petitioner
Voir dire
Limited jurisdiction
Statute of limitations
35. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Legislative intent
Mistrial
Class action suit
Certified
36. When only one court has the power to hear a case.
Dictum
Appellate or petitioner
Removal
Exclusive jurisdiction
37. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Materiality
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Statutes at large or session laws
Proving a case within a case
38. A court order requiring a party to perform a specific act or to cease doing a specific act.
Affirm
Injunction
Defamation
Code of Federal Regulations (C.F.R.)
39. A separable part of a statute that must be satisfied for the statute to apply.
Original jurisdiction
Legal clinic
Assault
Statutory element
40. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Summons
Analogous cases
Assumption of the risk
Stop and frisk
41. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Jurisdiction
Best evidence rule
Tenancy in common
Negligence
42. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Freelance Paralegal
Fixed Fee
Westlaw
Bailment
43. The rules whereby all members of a law firm are treated as though they had represented the former client.
Power of judicial review
Vicarious representation
Paralegal
International Paralegal Management Association (IPMA) www.paralegal management.org
44. An opinion in which a majority of the court joins.
Strict liability
Vicarious representation
Majority opinion
Partnership
45. A tangible object or a right or ownership interest.
Property
Pleadings
Deposition
Caption
46. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Mediation
American Association for Paralegal Education (AAfPE) www.aafpe.org
Agent
47. The party in a lawsuit against whom an appeal has been filed.
Conflict of interest
Recidivist
Strict liability
Appellee or respondent
48. A calendering system that records key dates and important deadlines.
Tickler System
Mens rea
Vicarious representation
Warrant
49. Land and objects permanently attached to land.
Recklessness
Plain view doctrine
Real property
American Association for Paralegal Education (AAfPE) www.aafpe.org
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.
Appellate brief
Arraignment
Nominal damages
Product misuse