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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 computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Mandatory authority
Search engine
Questions of law
Assumption of the risk
2. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
On all fours
Search engine
Administrative law
Compulsory joinder
3. The process of legislative enactment of areas of the law previously governed solely by the common law.
Stop and frisk
Codification of the common law
Legal technician
Competency
4. A constitutional protection against being tried twice for the same crime.
Prior case history
Common law
Double jeopardy
Professional Corporation (PC)
5. A request that the court order that certain information not be mentioned in the presence of the jury.
Deposition
Bill of Rights
Battered woman's or spouse's syndrome
Motion in limine
6. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Legal Reasoning
Invasion of Privacy
Headnote
Citation
7. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Retainer agreement
Probable cause
Pretrial motion
Cross-examination
8. The transfer of a case from one state court to a federal court.
Separation of powers
Pocket part
Reprimand or censure
Removal
9. Generally - an emergency situation that allows a search to proceed without a warrant.
Client trust account
Exigent circumstances
Code of Federal Regulations (C.F.R.)
Direct examination
10. Land and objects permanently attached to land.
Voir dire
Competency
Direct evidence
Real property
11. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Defendant
Preponderance of the evidence
Plea bargaining
Trial courts
12. The power of a court to hear a case.
Interrogatories
Contributory negligence
Judicial activism
Jurisdiction
13. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Strict construction
Canons of construction
Criminal law
14. 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
Westlaw
Personal recognizance bond
Rule
15. 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.
Exclusive jurisdiction
Loislaw
Consideration
Testimonial evidence
16. The rule that in order to claim self-defense there must have been no possibility of retreat.
Client trust account
Necessity
Retreat exception
Tenancy by the entirety
17. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Legal technician
Procedural facts
Real or physical evidence
18. A national association of paralegal managers.
Competency
Real Property
Personal property
International Paralegal Management Association (IPMA) www.paralegal management.org
19. A judicial philosophy that supports an active role for the judiciary in changing the law.
Defamation
Judicial activism
Defendant
Hypertext links
20. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Statutes at large or session laws
Preemption
Prior case history
Preponderance of the evidence
21. A law promulgated by an administrative agency.
Cause of action
Regulation
Disbarment
Attorney-client privilege
22. Summary of one legal point in a court opinion; written by the editors at West.
Reverse
Headnote
Holding
Adverse possession
23. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Nolo contendere
American Bar Association (ABA) www.abanet.org
Mediation
Primary authority
24. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Fact
Concluding paragraph
Restatement of the Law of Torts - Second
Jurisdiction
25. The general jurisdiction trial courts in the federal system.
Reverse
U.S. district courts
Entrapment
Pretrial conference
26. Specific questions that usually demand very short or yes-no answers.
Issue
Res ipsa loquitur
Negligence
Closed Questions
27. A person who initiates a lawsuit.
Common law
Legal writing
Popular name table
Plaintiff
28. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Miranda warnings
Implied warranty of habitability
Entrapment
Legislative history
29. Cases that involve different facts and/or rules of law.
Distinguishable cases
Proximate cause
Official reporter
Compulsory joinder
30. The reference to a particular page within an opinion.
Hourly rate
Negligence
Headnote
Pinpoint cite
31. A canon of construction meaning 'of the same class.:
Self-defense
Potential conflict
Ejusdem generis
Remedial statute
32. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Legal services offices
Appellee or respondent
Tort law
33. A set charge for a specific service - such as drafting a simple will.
Leading question
Insanity defense
Self-defense
Fixed Fee
34. The process of organizing statutes by subject matter.
Treatment
Codification
Exculpatory clause
Issue
35. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
International Paralegal Management Association (IPMA) www.paralegal management.org
Challenge for cause
Procedural facts
Legal malpractice
36. A calendering system that records key dates and important deadlines.
Exculpatory evidence
Nominal damages
Tickler System
Reverse
37. Used to describe legislation that changes the common law.
Eminent Domain
General jurisdiction
Derogation of the common law
Loislaw
38. Rules and regulations created by administrative agencies.
Request for admissions
Arrest
Negligence
Administrative law
39. A provision in a deed that prohibits specified uses of the property.
Exculpatory evidence
Restrictive covenant
Reasonable suspicion
False imprisonment
40. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Appellate or petitioner
Damages
Professional Corporation (PC)
Potential conflict
41. 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.
Direct evidence
Subsequent case history
U.S. Supreme Court
Implied warranty of habitability
42. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Federalism
Statutes of limitations
Common law
Summary jury trials
43. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Product misuse
Limited liability partnership (LLP)
Citing case
Adverse possession
44. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Statutes at large or session laws
Plea bargaining
Concurrent conflict of interest
Mandatory authority
45. 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.
Statute of limitations
Secondary authority
Appellee or respondent
Jurisdiction
46. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Prior case history
Comparative negligence
Necessity
Conflict of interest
47. The pleading that begins a lawsuit.
Inculpatory evidence
Complaint
Paralegal
Negligence per se
48. 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.
Tenancy in common
Common law
Defamation
Overrule
49. A national voluntary organization of lawyers.
Subsequent case history
American Bar Association (ABA) www.abanet.org
Restrictive covenant
Professional Corporation (PC)
50. A form in which statutes are published; they are printed individually at the time they are first enacted.
National Association of Legal Assistants (NALA) www.nala.org
Statute of limitations
Overbreadth
Slip laws