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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 decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Legal malpractice
Legal fiction
Mistrial
2. 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.
Implied warranty of habitability
Reversible error
Judicial restraint
Product misuse
3. A special type of joint tenancy applicable only to married couples.
Billable hours
Tenancy by the entirety
Counterclaim
Subsequent case history
4. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Default judgment
Plaintiff
Substantive law
Recklessness
5. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Compensatory damages
Bench trial
Standing
Entrapment
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.
Caption
Service
Legal malpractice
Subsequent case history
7. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Answer
Full-text searches
Defendant
Power of judicial review
8. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Expert witness
Westlaw
Mistrial
Equity
9. Evidence that supports previous testimony but that comes in a different form.
Summons
Exculpatory evidence
Corroborative evidence
Peremptory challenge
10. A set charge for a specific service - such as drafting a simple will.
Loislaw
Interrogatories
Summons
Fixed Fee
11. The intermediate appellate courts in the federal system.
Concurrent conflict of interest
Judicial notice
U.S. Court of Appeals
Lay witness
12. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Rules of criminal procedure
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Rule 56 motion (summary judgment motion)
13. A court opinion that establishes new law in an important area.
Constructive eviction
Dissenting opinion
Landmark decision
Distinguishable cases
14. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Remand
Appellate brief
Personal recognizance bond
Joint tenancy
15. A request that the court order that certain information not be mentioned in the presence of the jury.
Injunction
Deductive reasoning
Citation
Motion in limine
16. Law that regulates how the legal system operates.
Official reporter
Procedural law
Statute of limitations
Motion to require a finding of not guilty
17. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Retainer agreement
Concurrent conflict of interest
Punitive damages
Structured database
18. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Beyond a reasonable doubt
Constructive eviction
Mediation
Annotated statutes
19. Used to describe legislation that changes the common law.
Derogation of the common law
Assumption of the risk
Necessity
Professional judgment
20. The educated ability to apply law to specific facts.
Power of judicial review
Civil law
Strict liability
Professional judgment
21. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Overrule
Subject matter jurisdiction
Rule 56 motion (summary judgment motion)
Legal writing
22. 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.
Cause of action
Respondeat superior
Adverse possession
Remand
23. General principles that guide the courts in their interpretation of statutes.
Answer
Code
Canons of construction
Double jeopardy
24. A court's power to hear only specialized cases.
Subpoena
Limited jurisdiction
Pattern jury instructions
Official reporter
25. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Competency
En banc
Issue
Freelance Paralegal
26. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Issue of first impression
On point
Authentication
Active Listening
27. An intentional act that creates a harmful or offensive physical contact.
Primary authority
Cross-examination
Nolo contendere
Battery
28. The party in a case against whom an appeal has been filed.
Materiality
Appellee or respondent
Necessity
Retainer agreement
29. The person who is being asked questions at a deposition.
Cause of action
Motion to require a finding of not guilty
Deponent
Shepardizing
30. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Contract
Pleadings
Charging the jury
31. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Black-letter law
Consideration
Subsequent case history
Administrative law
32. Questions that suggest the answer.
Fact
Rule 56 motion (summary judgment motion)
Leading questions
Tenancy in common
33. 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).
Full-text searches
Nolo contendere
Hearsay
Joint tenancy
34. A provision in a deed that prohibits specified uses of the property.
Client trust account
Dissenting opinion
Default judgment
Restrictive covenant
35. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Closed Questions
Legal technician
Client trust account
36. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Guardian
Actual cause
Personal recognizance bond
37. In a case brief - the general legal principle in existence before the case began.
Rule
Mistrial
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Codification of the common law
38. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Conflict of interest
Leading questions
Ethical wall or screen or cone of silence
Legal technician
39. A judicial philosophy that supports an active role for the judiciary in changing the law.
Judicial activism
Cumulative evidence
Transition
Reprimand or censure
40. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Codification of the common law
Original jurisdiction
Verification
41. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Duress
Caption
Partnership
Retreat exception
42. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Dissenting opinion
Legal Reasoning
Alternative dispute resolution (ADR)
Affirmative defense
43. A tangible object or a right or ownership interest.
Property
Hypertext links
Affirmative defense
Popular name table
44. When an appellate court that normally sits in panels sits as a whole.
En banc
Consideration
Persuasive authority
Dismissal with prejudice
45. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Evidence
Appellee or respondent
Double jeopardy
Ethical wall or screen or cone of silence
46. Information about the law - such as that contained in encyclopedias and law review articles.
Citing case
Deponent
Battery
Secondary authority
47. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Holding
Fruit of the poisonous tree doctrine
Removal
48. Simultaneously representing adverse clients.
Concurrent conflict of interest
Tort law
Cause of action
Citation
49. A national association of paralegal associations.
Service
Comparative negligence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Legal Reasoning
50. The publication of false statements that harm a person's reputation.
Defamation
Primary authority
Contingency Fee
Prior case history