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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. When more than one court has jurisdiction to hear a case.
Concurrent jurisdiction
Count
Interrogatories
Certified
2. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Evidence
Substantive facts
Standing
Materiality
3. A defense whereby the defendant offers new evidence to avoid judgment.
Answer
Standing
Affirmative defense
Harmless error
4. An agreement supported by consideration.
Contract
Self-defense
Overrule
Professional judgment
5. A determination that an attorney may not practice law for a set period of time.
Suspension
Reversible error
Hearsay
Legislative intent
6. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Battered woman's or spouse's syndrome
Insanity defense
Active Listening
Jurisdiction
7. The power of government to take private property for public purposes.
Contributory negligence
Consideration
Eminent Domain
Legal fiction
8. A case listed in Shepard's that cites your case.
Vicarious representation
Reverse
Rules of evidence
Citing case
9. A court order requiring a person to appear to testify at a trial or deposition.
Primary authority
Procedural law
Subpoena
Model Rules of Professional Conduct
10. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Statutes of limitations
Tickler System
12(b)(6) motion
Entrapment
11. Proof that the evidence is what it is said to be.
Discovery
Authentication
Hearsay
Contract
12. A separable part of a statute that must be satisfied for the statute to apply.
Case citation
Appellate or petitioner
Statutory element
Reprimand or censure
13. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Respondeat superior
International Paralegal Management Association (IPMA) www.paralegal management.org
Digest
12(b)(6) motion
14. An opinion in which a majority of the court joins.
Majority opinion
Notice pleading
Restatement of the Law of Torts - Second
Harmless error
15. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Code of Federal Regulations (C.F.R.)
Appellate courts
Booking
Quiet enjoyment
16. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Specific performance
Grand jury
Judicial restraint
Deductive reasoning
17. The questioning of your own witness.
Court of record
American Association for Paralegal Education (AAfPE) www.aafpe.org
Contract
Direct examination
18. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Model Rules of Professional Conduct
Verification
Interrogatories
Appellant or petitioner
19. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Suspension
Legal services offices
Loislaw
Arbitration
20. Liability without a showing of fault.
Strict liability
Common law
Original jurisdiction
Authentication
21. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Leading question
Stare decisis
Voir dire
Paralegal
22. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Cross-examination
Model Rules of Professional Conduct
Battered woman's or spouse's syndrome
23. Used to describe legislation that changes the common law.
Derogation of the common law
Mandatory authority
Harmless error
Successive conflict of interest
24. Simultaneously representing adverse clients.
Concurrent conflict of interest
Discovery
Compulsory joinder
Liberal construction
25. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
Cross-claim
Judgment proof
Codification
26. An opinion that disagrees with the majority's decision and reasoning.
Registration
Court of record
Procedural facts
Dissenting opinion
27. The educated ability to apply law to specific facts.
Professional judgment
Verdict
Standing
Equity
28. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Joint tenancy
Concurring opinion
Dissenting opinion
U.S. Supreme Court
29. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Plain view doctrine
Real Property
Lay advocate
Civil law
30. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Answer
Federalism
Real or physical evidence
per curium
31. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Contributory negligence
Negligence per se
Lay witness
Leading question
32. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Remand
Doctrine of implied powers
Motion to require a finding of not guilty
Black-letter law
33. 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.
Implied warranty of habitability
Model Rules of Professional Conduct
Duress
Principle
34. The transfer of a case from one state court to a federal court.
Fact
Removal
Code of Federal Regulations (C.F.R.)
Narrow Holding
35. A meeting of the attorneys and the judge prior to the beginning of the trial.
Pretrial conference
Codification of the common law
Codification
Legal services offices
36. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Minor premise
Alternative dispute resolution (ADR)
Valid
Minimum contacts
37. The process of organizing statutes by subject matter.
Negligence
Codification
Notice pleading
Procedural facts
38. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Request for admissions
Pleading in the alternative
Disposition
39. Not factually true - but accepted by the courts as being legally true.
Constructive
Judicial review
Preemption
Exclusive jurisdiction
40. Evidence that does not add any new information but that confirms facts that already have been established.
Lay a foundation
Judgment notwithstanding the verdict (judgment N.O.V.)
Cumulative evidence
Tenancy in common
41. 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.
Remand
Lay advocate
Restrictive covenant
Prior case history
42. The power of a court to hear a case.
Legal clinic
Jurisdiction
Deductive reasoning
Remand
43. A reason for invalidating a statute where it covers both protected and criminal activity.
Judgment proof
Overbreadth
U.S. Court of Appeals
Summary jury trials
44. A computerized database that contains key information about the content of documents - such as medical records.
Disbarment
Affirmative defense
Structured database
Appellee or respondent
45. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Beyond a reasonable doubt
Arbitration
Dissenting opinion
46. Rules and regulations created by administrative agencies.
Motion for a new trial
Contingency fee
Administrative law
Concurring opinion
47. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Holding
Motion
U.S. Court of Appeals
Registration
48. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
per curium
Ethical wall or screen or cone of silence
Primary authority
Probable cause
49. A witness who possesses skill and knowledge beyond that of the average person.
Unofficial reporter
Expert witness
Third-party claim
Black-letter law
50. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Appellee or respondent
Minimum contacts
Exclusive jurisdiction