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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 the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Citing case
Remand
Judicial restraint
2. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Black-letter law
Entrapment
Interrogatories
Authentication
3. 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.
Exclusionary rule
Statute
Void for vagueness
Judicial activism
4. 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
Rule 56 motion (summary judgment motion)
Legal technician
Personal property
5. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Procedural facts
Criminal law
Closed Questions
Assumption of the risk
6. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Arraignment
Discovery
Criminal law
Alternative dispute resolution (ADR)
7. A claim by the defendant against the plaintiff.
Judgment
Injunction
Counterclaim
Retainer agreement
8. Specific questions that usually demand very short or yes-no answers.
Legal technician
Closed Questions
Procedural facts
Concurrent jurisdiction
9. 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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10. Someone who has the power to act in the place of another.
Subsequent case history
Agent
Appellant or petitioner
Pinpoint cite
11. 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.
Plain view doctrine
Overrule
Syllabus
Booking
12. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Complaint
Tenancy by the entirety
Dissenting opinion
13. A business run by two or more persons as co-owners.
Battery
Personal recognizance bond
Constructive eviction
Partnership
14. The power of a court to hear a case.
Distinguishable cases
Jurisdiction
Plain meaning
Defamation
15. A method for excusing a prospective juror; no reason need be given.
Rule
Personal jurisdiction
Case citation
Peremptory challenge
16. A person who initiates a lawsuit.
Plaintiff
Contingency Fee
Certificated
Narrow Holding
17. A court order requiring a party to perform a specific act or to cease doing a specific act.
Injunction
Landmark decision
Battered woman's or spouse's syndrome
Personal property
18. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Defamation
Arbitration
Closed Questions
19. Written questions sent by one side to the opposing side - answered under oath.
Leading questions
Jurisdiction
Interrogatories
Comparative negligence
20. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Verdict
Personal jurisdiction
Motion to require a finding of not guilty
21. A national association of paralegal managers.
Successive conflict of interest
Citation
Client trust account
International Paralegal Management Association (IPMA) www.paralegal management.org
22. A court's power to hear only specialized cases.
Federalism
Preponderance of the evidence
Limited jurisdiction
Exculpatory evidence
23. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Judgment
Deponent
Issue
Lay advocate
24. The papers that begin a lawsuit-generally - the complaint and the answer.
Exhaustion of administrative remedies
Pleadings
Tort law
Concurrent conflict of interest
25. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Case citation
Judicial review
Arbitration
Stop and frisk
26. A pamphlet inserted into the back of a book containing information new since the volume was published.
Invasion of Privacy
Closed Questions
Pocket part
Guardian
27. A special type of joint tenancy applicable only to married couples.
Alternative dispute resolution (ADR)
Defamation
Tenancy by the entirety
Confidentiality
28. A witness who possesses skill and knowledge beyond that of the average person.
Federalism
Citation
Expert witness
Concurrent jurisdiction
29. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Principle
Concurrent jurisdiction
Comparative negligence
Full-text searches
30. The highest federal appellate court - consisting of nine appointed members.
Res ipsa loquitur
U.S. Supreme Court
Deponent
Restrictive covenant
31. 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.
Certified
Motion in limine
Minimum contacts
Reversible error
32. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Persuasive authority
Case citation
Evidence
Documentary evidence
33. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Code
Legal services offices
Products liability
Internet
34. Used to describe legislation that changes the common law.
Expert witness
Derogation of the common law
Best evidence rule
Nolo contendere
35. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Guardian
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Issue of first impression
36. Occurs when the police restrain a person's freedom and charge the person with a crime.
Separation of powers
Arrest
Contingency fee
Compulsory joinder
37. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Issue
Tenancy in common
Miranda warnings
Contingency fee
38. Disregarding a substantial and unjustifiable risk that harm will result.
Bailment
Entrapment
Negligence
Recklessness
39. Rules of conduct promulgated and enforced by the government.
Pocket part
Inculpatory evidence
Bailment
Laws
40. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Westlaw
Lay a foundation
Code of Federal Regulations (C.F.R.)
Legal clinic
41. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
M'Naghten test
Actus rea
Holding
Judgment notwithstanding the verdict (judgment N.O.V.)
42. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Fixed Fee
Case reporters
Constructive eviction
Answer
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.
Westlaw
Slip laws
Overrule
Professional Corporation (PC)
44. A grand jury's written accusation that a given individual has committed a crime.
Exculpatory clause
Indictment
Real Property
Issue of first impression
45. A statute that changes the common law.
Duress
Minimum contacts
Statute in derogation of the common law
No-knock warrant
46. 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.
Common law
Active Listening
Case citation
Statute
47. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Prima facie case
On all fours
Default judgment
Nominal damages
48. 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
Evidence
Competency
Deposition
49. The division of governmental power among the legislative - executive - and judicial branches.
Legal Research
Federalism
Common law
Separation of powers
50. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Respondeat superior
Issue
Certified
Count