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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 reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Reverse
Statute of limitations
Void for vagueness
Restrictive covenant
2. 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.
Substantive law
Charging the jury
Paralegal
Evidence
3. The party in a lawsuit against whom an appeal has been filed.
Personal property
Necessity
Interrogatories
Appellee or respondent
4. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Derogation of the common law
Common law
Judgment notwithstanding the verdict (judgment N.O.V.)
Court of record
5. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Official reporter
Double jeopardy
Federal question jurisdiction
6. 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.
Treatment
Questions of law
Principle
Federalism
7. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Testimonial evidence
Transition
Proving a case within a case
Westlaw
8. Land and objects permanently attached to land.
Easement
Mediation
Legal malpractice
Real property
9. 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.
Booking
Defendant
Appellate brief
Certified
10. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Contract
Relevancy
Subsequent case history
Lay advocate
11. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Subsequent case history
Legal fiction
Direct evidence
Standing
12. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Charging the jury
Punitive damages
Tort law
Plain view doctrine
13. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Irresistible impulse test
Removal
Relevancy
14. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Statutes of limitations
Minor premise
Legal clinic
Verification
15. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Restrictive covenant
Bailment
Limited liability partnership (LLP)
False imprisonment
16. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Proximate cause
Substantive facts
Real Property
M'Naghten test
17. Violation of a statute as proof of negligence
Corroborative evidence
Judicial restraint
Negligence per se
Concurrent conflict of interest
18. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Exclusive jurisdiction
Substantive law
Rule
Judicial notice
19. The opinion of a jury on a question of fact.
Reprimand or censure
Lay witness
Verdict
Request for admissions
20. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Harmless error
Affirmative defense
Entrapment
21. Cases that involve similar facts and rules of law.
Reverse
Judgment notwithstanding the verdict (judgment N.O.V.)
Statutes of limitations
Analogous cases
22. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Strict construction
Full-text searches
Substantial capacity test
Products liability
23. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Intellectual Property
Subsequent case history
Motion for a new trial
24. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Federal question jurisdiction
Judgment notwithstanding the verdict (judgment N.O.V.)
Rules of criminal procedure
25. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Tenancy by the entirety
Confidentiality
Voir dire
26. Establishes a direct link to the event that must be proven.
Assumption of the risk
Holding
Direct evidence
Power of judicial review
27. All property that is not real property.
Personal property
Shepardizing
Transition
Insanity defense
28. A computerized database that contains the full text of documents - such as court opinions or depositions.
Statute
Majority opinion
Arraignment
Full-text database
29. A court opinion that establishes new law in an important area.
Personal property
Pocket part
Landmark decision
Dissenting opinion
30. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Concurring opinion
Canons of construction
Entrapment
Proving a case within a case
31. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Assault
Nolo contendere
Joint tenancy
32. A law enacted by a state legislature or by Congress.
Statute
Nominal damages
Best evidence rule
Billable hours
33. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Answer
Leading questions
Bailment
Original jurisdiction
34. A suspicion based on specific facts; less than probable cause.
Suspension
Documentary evidence
Code of Federal Regulations (C.F.R.)
Reasonable suspicion
35. Rules and regulations created by administrative agencies.
Administrative law
Legal fiction
Battery
En banc
36. The intermediate appellate courts in the federal system.
Overbreadth
Cumulative evidence
Statute of limitations
U.S. Court of Appeals
37. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Analogous cases
Substantial capacity test
Exculpatory clause
Case citation
38. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Battery
Equity
Subsequent case history
Concurring opinion
39. Law that regulates how the legal system operates.
Procedural law
Official reporter
Plaintiff
Statutory element
40. Questions relating to what happened: who - what - when - where - and how.
Counterclaim
Evidence
Registration
Questions of fact
41. 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.
Compensatory damages
Narrow Holding
Defendant
Original jurisdiction
42. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Judicial notice
Registration
Power of judicial review
Punitive damages
43. The number of hours - or parts of an hour - that can be charged to a specific client.
Dissenting opinion
Billable hours
Subject matter jurisdiction
Limited liability partnership (LLP)
44. 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.
Loislaw
Questions of law
Legal malpractice
Canons of construction
45. The purpose of the legislature at the time it enacted the statute.
Issue
Pleadings
Legislative intent
Personal recognizance bond
46. A grand jury's written accusation that a given individual has committed a crime.
Intellectual Property
Reverse
12(b)(6) motion
Indictment
47. A claim by the defendant against the plaintiff.
Laws
Appellate courts
Counterclaim
Affirmative defense
48. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Specific performance
Conflict of interest
Writ of execution
Judgment
49. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Exculpatory clause
Intentional tort
Liberal construction
50. Information that can be presented in a court of law as proof of some fact.
Annotated statutes
Evidence
Remedial statute
American Association for Paralegal Education (AAfPE) www.aafpe.org