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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. Any tangible object - like a bloody glove.
Contingency Fee
Real or physical evidence
Service
Derogation of the common law
2. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Motion to suppress
Statute in derogation of the common law
Model Rules of Professional Conduct
Joint tenancy
3. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Overrule
Questions of law
Codification of the common law
4. Indirect evidence - used to prove facts by implication.
Corroborative evidence
Specific performance
Federalism
Circumstantial evidence
5. The rule requiring that the original document be produced at trial.
Best evidence rule
Overrule
Open Questions
Negligence
6. A special type of joint tenancy applicable only to married couples.
Statutory element
Regulation
Jurisdiction
Tenancy by the entirety
7. A request that the court order that certain information not be mentioned in the presence of the jury.
Warrant
Motion in limine
Lay a foundation
Beyond a reasonable doubt
8. Law that regulates how the legal system operates.
Dictum
Disposition
Tenancy in common
Procedural law
9. An approach whereby the courts give a statute a narrow interpretation.
Discovery
Rule 56 motion (summary judgment motion)
Motion for a new trial
Strict construction
10. 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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11. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Strict liability
Discovery
Voir dire
Evidence
12. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Self-defense
Search engine
Exculpatory clause
13. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Structured database
Persuasive authority
Equity
14. A worldwide network of computer networks.
Negligence
Substantial capacity test
Internet
Nominal damages
15. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Intentional tort
Paralegal
Shepardizing
Appellate brief
16. The power of a court to hear a case.
Successive conflict of interest
Codification of the common law
Jurisdiction
Necessity
17. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Arraignment
Original jurisdiction
On point
Notice pleading
18. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Treatment
Strict liability
Answer
Internet
19. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Lexis
Codification of the common law
Comparative negligence
Deductive reasoning
20. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Legal fiction
Legal Research
Probable cause
Unofficial reporter
21. The first ten amendments to the U.S. Constitution.
Intentional tort
Statute in derogation of the common law
Bill of Rights
No-knock warrant
22. Generally accepted legal principles.
Black-letter law
Evidence
On point
Consideration
23. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Product misuse
Legal Research
Appellee or respondent
Substantial capacity test
24. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Products liability
American Association for Paralegal Education (AAfPE) www.aafpe.org
Defendant
Common law
25. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Personal jurisdiction
Transition
Mens rea
Judgment proof
26. A token sum awarded when liability has been found but monetary damages cannot be shown.
Nominal damages
Property
Federalism
Pinpoint cite
27. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Federalism
Case citation
Statute of limitations
Void for vagueness
28. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Specific performance
Summary jury trials
Challenge for cause
Plea bargaining
29. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Booking
Conflict of interest
Cross-examination
Unauthorized practice of law
30. In a case brief - the rule of law applied to the case's specific facts.
Actual cause
Regulation
Beyond a reasonable doubt
Issue
31. A summary of a court opinion that appears at the beginning of the case.
Structured database
Contingency Fee
Negligence per se
Syllabus
32. Simultaneously representing adverse clients.
Motion for a new trial
Hourly rate
American Association for Paralegal Education (AAfPE) www.aafpe.org
Concurrent conflict of interest
33. When the defendant does not have sufficient money or other assets to pay the judgment.
Minimum contacts
Directed verdict
Judgment proof
Assumption
34. The failure to act reasonably under the circumstances.
Negligence
Statute of limitations
Harmless error
Testimonial evidence
35. 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.
Exculpatory evidence
Guardian
Proximate cause
Assault
36. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Adverse possession
Popular name table
Assault
Negligence
37. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Bench trial
Issue
Syllabus
38. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Proximate cause
Code
Freelance Paralegal
Narrow Holding
39. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Hourly rate
Double jeopardy
Plaintiff
Restatement of the Law of Torts - Second
40. Cases that involve different facts and/or rules of law.
Distinguishable cases
No-knock warrant
Prior case history
Stop and frisk
41. A document that lists statements regarding specific items for the other party to admit or deny.
Freelance Paralegal
Pocket part
Request for admissions
Remedial statute
42. 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.
Pretrial conference
Restatement of the Law of Torts - Second
Documentary evidence
Procedural law
43. 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.
Minimum contacts
Dissenting opinion
Criminal law
Canons of construction
44. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Strict liability
Analogous cases
Discovery
45. The number of hours - or parts of an hour - that can be charged to a specific client.
Subject matter jurisdiction
Assumption of the risk
Code of Federal Regulations (C.F.R.)
Billable hours
46. The process of finding the law.
Legal Research
Codification of the common law
Federalism
American Association for Paralegal Education (AAfPE) www.aafpe.org
47. 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.
U.S. Supreme Court
Client trust account
Minimum contacts
Stop and frisk
48. Law that deals with harm to an individual.
Civil law
Invasion of Privacy
Assumption of the risk
Questions of law
49. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Double jeopardy
Writ of habeas corpus
False imprisonment
Competency
50. The questioning of an opposing witness.
Case reporters
Analogous cases
Cross-examination
Documentary evidence