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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. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Search engine
Attorney-client privilege
Enabling act
Jurisdiction
2. A grand jury's written accusation that a given individual has committed a crime.
Court of record
Rule 56 motion (summary judgment motion)
Recidivist
Indictment
3. A warrant that allows the police to enter without announcing their presence in advance.
Statutes of limitations
No-knock warrant
Strict liability
Liberal construction
4. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Motion to suppress
Warrant
Case citation
Contributory negligence
5. 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.
Appellate or petitioner
Concurrent jurisdiction
Writ of certiorari
Restatement of the Law of Torts - Second
6. 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.
Contributory negligence
Civil law
Exculpatory clause
Caption
7. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
Legislative intent
Counterclaim
Bill of Rights
8. 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.
Prima facie case
National Association of Legal Assistants (NALA) www.nala.org
Structured database
Guardian
9. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Constructive
Prima facie case
Remedial statute
Restrictive covenant
10. Information that can be presented in a court of law as proof of some fact.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Pleadings
Property law
Evidence
11. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Competency
Rule 56 motion (summary judgment motion)
Personal jurisdiction
12. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Respondeat superior
Exclusive jurisdiction
Attorney-client privilege
13. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Registration
Certified
Potential conflict
Practice of law
14. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Fact
Bailment
Cross-claim
15. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Trial courts
Rule 56 motion (summary judgment motion)
Legal writing
Class action suit
16. Violation of a statute as proof of negligence
U.S. district courts
Rule
Negligence per se
M'Naghten test
17. A set of standardized jury instructions.
Pattern jury instructions
Lay witness
Holding
Case reporters
18. The publication of false statements that harm a person's reputation.
Defamation
Warrant
Real Property
Judgment proof
19. A statement in a judicial opinion not necessary for the decision of the case.
Dictum
Code
Partnership
Assumption
20. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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21. 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.
Remand
Entrapment
Pretrial motion
Bail
22. 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.
Lexis
Hourly rate
Rules of evidence
Narrow Holding
23. A court's power to hear only specialized cases.
Pleadings
Vicarious representation
Compensatory damages
Limited jurisdiction
24. The failure to act reasonably under the circumstances.
Negligence
M'Naghten test
Property law
Treatment
25. Consists of records - contracts - leases - wills - and other written instruments.
Appellate or petitioner
Injunction
Documentary evidence
Request for admissions
26. The new legal principle established by a court opinion.
Issue
Motion to suppress
Strict construction
Holding
27. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Negligence per se
Distinguishable cases
Judgment proof
28. A computerized database that contains the full text of documents - such as court opinions or depositions.
Judicial restraint
Unofficial reporter
Dissenting opinion
Full-text database
29. 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
Statute in derogation of the common law
Stare decisis
Primary authority
Jurisdiction
30. The papers that begin a lawsuit-generally - the complaint and the answer.
Appellate or petitioner
Legislative intent
Motion to suppress
Pleadings
31. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Mediation
Nominal damages
Lexis
32. 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.
Comparative negligence
Major premise
Exculpatory clause
Defendant
33. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Arrest
Lay a foundation
Compensatory damages
34. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Common law
Battered woman's or spouse's syndrome
Reprimand or censure
Nolo contendere
35. A defense requiring proof that the defendant was not mentally responsible.
Legal services offices
Retainer agreement
International Paralegal Management Association (IPMA) www.paralegal management.org
Insanity defense
36. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Reverse
Bill of Rights
Personal property
37. The failure of an attorney to act reasonably.
Derogation of the common law
Legal malpractice
Plain meaning
Disposition
38. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Property law
Issue
Liberal construction
Plaintiff
39. 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)
Answer
Concurrent conflict of interest
Statute
40. 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.
Reverse
Directed verdict
Procedural law
Legislative intent
41. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Confidentiality
Disbarment
Bail
Bench trial
42. A request made to the court.
Fixed Fee
Motion
Charging the jury
Inculpatory evidence
43. A pamphlet inserted into the back of a book containing information new since the volume was published.
Contingency Fee
Pocket part
Writ of execution
Dictum
44. Law that regulates how the legal system operates.
Lexis
Deductive reasoning
Duress
Procedural law
45. An opinion in which a majority of the court joins.
Secondary authority
Majority opinion
Conflict of interest
Syllabus
46. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Motion
Constitutional law
Retainer agreement
Annotated statutes
47. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Pleading in the alternative
Citation
Harmless error
Strict liability
48. Evidence that suggests the defendant's guilt.
Class action suit
Documentary evidence
Citing case
Inculpatory evidence
49. The party in a case against whom an appeal has been filed.
Appellee or respondent
Tenancy in common
Third-party claim
Affirmative defense
50. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Comparative negligence
Reverse
Motion to require a finding of not guilty