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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. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Actual cause
Self-defense
Substantive law
Mediation
2. A form in which statutes are published; they are printed individually at the time they are first enacted.
Citing case
Notice pleading
Writ of certiorari
Slip laws
3. When only one court has the power to hear a case.
Exclusive jurisdiction
Black-letter law
Agent
Contingency Fee
4. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Common law
Concurrent jurisdiction
Conflict of interest
Headnote
5. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Bailment
Deductive reasoning
Invasion of Privacy
Shepardizing
6. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Overrule
Valid
Eminent Domain
7. Voluntarily and knowingly subjecting oneself to danger.
Rule
Subsequent case history
Assumption of the risk
Charging the jury
8. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Materiality
Direct examination
Digest
Paralegal
9. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Narrow Holding
Personal property
Certified
Separation of powers
10. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Preponderance of the evidence
Syllabus
Real property
Overrule
11. 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.
Documentary evidence
Administrative law
Arraignment
Clear and convincing
12. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Billable hours
Search engine
Rules of criminal procedure
Transition
13. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Res ipsa loquitur
Prima facie case
Negligence per se
Nominal damages
14. 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.
Removal
Cumulative evidence
Search engine
Preponderance of the evidence
15. A suspicion based on specific facts; less than probable cause.
Real Property
Exigent circumstances
Reasonable suspicion
Dissenting opinion
16. A statement in a judicial opinion not necessary for the decision of the case.
Negligence
Dictum
Professional Corporation (PC)
Equity
17. When an appellate court that normally sits in panels sits as a whole.
Statutes at large or session laws
Syllabus
Treatment
En banc
18. A right to use property owned by another for a limited purpose.
Real property
Arraignment
Holding
Easement
19. A national voluntary organization of lawyers.
Hourly rate
American Bar Association (ABA) www.abanet.org
Legal technician
Constructive eviction
20. The process of finding the law.
Attorney-client privilege
Interrogatories
Dissenting opinion
Legal Research
21. 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.
Unauthorized practice of law
Cross-claim
Road Map paragraph
Arraignment
22. Courts that determine whether lower courts have made errors of law.
Appellate courts
Clearly erroneous
Miranda warnings
International Paralegal Management Association (IPMA) www.paralegal management.org
23. A bank account used to hold money belonging to the client or to a third party.
Constructive eviction
Reversible error
Case reporters
Client trust account
24. An approach whereby the courts give a statute a narrow interpretation.
Exculpatory clause
Equity
Strict construction
Arraignment
25. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Legislative history
Materiality
Insanity defense
26. The process of organizing statutes by subject matter.
Full-text database
Retainer
Holding
Codification
27. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legal technician
Active Listening
Affirmative defense
Vicarious representation
28. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Suspension
Compulsory joinder
Verification
Expert witness
29. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Hourly rate
Limited liability partnership (LLP)
Reversible error
Attorney-client privilege
30. '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.
Res ipsa loquitur
Retainer
Harmless error
Potential conflict
31. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Derogation of the common law
Freelance Paralegal
Case citation
Federalism
32. Monetary compensation - including compensatory - punitive - and nominal damages.
Grand jury
Legal Research
Damages
Lay witness
33. Questions that suggest the answer.
Leading questions
Reverse
Dictum
Rules of criminal procedure
34. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Standing
Federal question jurisdiction
Procedural law
Plain meaning
35. 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.
Leading question
Retainer agreement
Concurring opinion
Bail
36. An actual incident or condition; not a legal consequence.
Exculpatory evidence
Inculpatory evidence
Motion to suppress
Fact
37. 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.
Assumption
Directed verdict
Affirmative defense
Exculpatory evidence
38. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Charging the jury
Reverse
Plain meaning
Contributory negligence
39. A summary of a court opinion that appears at the beginning of the case.
Digest
Plain view doctrine
Syllabus
Arbitration
40. Disregarding a substantial and unjustifiable risk that harm will result.
Pattern jury instructions
Recklessness
Entrapment
Headnote
41. The highest federal appellate court - consisting of nine appointed members.
Minimum contacts
U.S. Supreme Court
Overrule
Discovery
42. Law that creates rights and duties.
Questions of law
Substantive law
Cross-examination
Service
43. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Actus rea
Proving a case within a case
Subsequent case history
44. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Harmless error
Unofficial reporter
Civil law
45. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Legal fiction
Compensatory damages
Tenancy in common
46. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Negligence
False imprisonment
Legal Reasoning
Arbitration
47. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Authentication
Holding
Adverse possession
Treatment
48. 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.
Constructive
Miranda warnings
Subject matter jurisdiction
Narrow Holding
49. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Eminent Domain
Affirm
No-knock warrant
Confidentiality
50. The new legal principle established by a court opinion.
Reasonable suspicion
Subsequent case history
Holding
Fruit of the poisonous tree doctrine