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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. The general jurisdiction trial courts in the federal system.
Directed verdict
Tenancy by the entirety
Recidivist
U.S. district courts
2. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Appellee or respondent
Void for vagueness
Overrule
3. Information that can be presented in a court of law as proof of some fact.
Evidence
Major premise
Limited jurisdiction
Diversity jurisdiction
4. Someone who has the power to act in the place of another.
Harmless error
Doctrine of implied powers
Quiet enjoyment
Agent
5. All property that is not real property.
Third-party claim
Official reporter
Personal property
Federal question jurisdiction
6. Governmental publication of court opinions.
Official reporter
Appellate or petitioner
Motion to require a finding of not guilty
Holding
7. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Reprimand or censure
Harmless error
Relevancy
Issue of first impression
8. Generally - an emergency situation that allows a search to proceed without a warrant.
Exigent circumstances
Charging the jury
Concurrent jurisdiction
No-knock warrant
9. The party in a case who has initiated an appeal.
Major premise
Reverse
Appellate or petitioner
Shepardizing
10. 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.
Codification
Motion to suppress
Federalism
Partnership
11. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Reverse
Beyond a reasonable doubt
Battered woman's or spouse's syndrome
Statutes of limitations
12. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Writ of certiorari
Agent
Pattern jury instructions
Limited jurisdiction
13. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Bail
Exclusionary rule
Certified
14. A witness who has not been shown to have any special expertise.
Clearly erroneous
Legal clinic
Lay witness
Codification of the common law
15. A computerized database that contains key information about the content of documents - such as medical records.
Procedural law
Real or physical evidence
Counterclaim
Structured database
16. Cases that involve different facts and/or rules of law.
Counterclaim
Distinguishable cases
Invasion of Privacy
Holding
17. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Direct evidence
Self-defense
Peremptory challenge
18. The rule that in order to claim self-defense there must have been no possibility of retreat.
Concurring opinion
General jurisdiction
Contingency fee
Retreat exception
19. A method for excusing a prospective juror; no reason need be given.
Shepardizing
Peremptory challenge
Motion to require a finding of not guilty
Res ipsa loquitur
20. 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.
Pocket part
Restatement of the Law of Torts - Second
Substantive facts
Cumulative evidence
21. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Major premise
Popular name table
Administrative law
Valid
22. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Federalism
Judgment notwithstanding the verdict (judgment N.O.V.)
Code of Federal Regulations (C.F.R.)
Popular name table
23. The court's power to review statutes to decide whether they conform to the Constitution.
Preponderance of the evidence
Judicial review
Fact
International Paralegal Management Association (IPMA) www.paralegal management.org
24. Courts that determine the facts and apply the law to the facts.
Professional judgment
Trial courts
Limited jurisdiction
Joint tenancy
25. A worldwide network of computer networks.
Recidivist
Exculpatory clause
Internet
Prior case history
26. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Bill of Rights
Comparative negligence
Motion to require a finding of not guilty
Strict liability
27. A law enacted by a state legislature or by Congress.
Class action suit
Personal property
Relevancy
Statute
28. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Overrule
Shepardizing
Warrant
Confidentiality
29. When an appellate court overturns or negates the decision of a lower court.
Reverse
Exigent circumstances
Assumption of the risk
Hypertext links
30. 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.
Subsequent case history
Clear and convincing
Dissenting opinion
Model Rules of Professional Conduct
31. The failure to act reasonably under the circumstances.
Plaintiff
Corroborative evidence
Entrapment
Negligence
32. The rules whereby all members of a law firm are treated as though they had represented the former client.
Headnote
Clearly erroneous
Vicarious representation
Road Map paragraph
33. A defense whereby the defendant offers new evidence to avoid judgment.
Civil law
Partnership
Damages
Affirmative defense
34. 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.
Bail
Stare decisis
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Tenancy in common
35. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Paralegal
American Bar Association (ABA) www.abanet.org
Relevancy
36. A set of standardized jury instructions.
Bail
Retainer
Pattern jury instructions
Statute of limitations
37. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Alternative dispute resolution (ADR)
Enabling act
Dismissal with prejudice
Circumstantial evidence
38. An intentional act that creates a harmful or offensive physical contact.
Affirm
Materiality
Pretrial conference
Battery
39. Being informed of some act done or about to be done.
Notice
Documentary evidence
Lay witness
Disbarment
40. General principles that guide the courts in their interpretation of statutes.
Appellate brief
Booking
Duress
Canons of construction
41. A case listed in Shepard's that cites your case.
Interrogatories
On point
Citing case
Recklessness
42. A term used to describe a case that is similar to another case.
Exculpatory evidence
No-knock warrant
On point
Search engine
43. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Real property
Minor premise
Miranda warnings
Professional Corporation (PC)
44. A person who initiates a lawsuit.
Landmark decision
Plaintiff
Rule
Trial courts
45. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Dissenting opinion
Attorney-client privilege
Contributory negligence
Exculpatory evidence
46. Summary of one legal point in a court opinion; written by the editors at West.
Actual cause
Arraignment
Double jeopardy
Headnote
47. The failure of an attorney to act reasonably.
Authentication
En banc
Legal malpractice
Necessity
48. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Lay witness
Subpoena duces tecum
Cross-claim
Liberal construction
49. Violation of a statute as proof of negligence
Negligence per se
Deponent
Respondeat superior
Distinguishable cases
50. The failure to act reasonably under the circumstances.
Disbarment
Jurisdiction
Property
Negligence