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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 case listed in Shepard's that cites your case.
Citing case
Subsequent case history
Injunction
Charging the jury
2. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Personal property
Partnership
Lay advocate
Rule 56 motion (summary judgment motion)
3. The chronological publication of statutes at the end of a legislative session.
Landmark decision
Damages
Rules of criminal procedure
Statutes at large or session laws
4. A statute establishing and setting out the powers of an administrative agency.
Trial courts
Negligence per se
On all fours
Enabling act
5. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Contingency Fee
Concurring opinion
Legal malpractice
6. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Restatement of the Law of Torts - Second
Damages
Issue
Digest
7. An issue that the court has never faced before.
Statutory element
Legislative history
Issue of first impression
Rules of criminal procedure
8. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Suspension
Proximate cause
per curium
9. An advance or down payment that is given to engage the services of an attorney.
Retainer
Broad holding
Contingency fee
Tenancy by the entirety
10. A tort committed by one who intends to do the act that creates the harm.
Intentional tort
Defendant
Limited liability partnership (LLP)
Injunction
11. A defendant's personal promise to appear in court.
Personal recognizance bond
Legislative history
Citation
Hourly rate
12. The educated ability to apply law to specific facts.
Pretrial motion
Comparative negligence
Statute in derogation of the common law
Professional judgment
13. A defense requiring proof that the defendant was not mentally responsible.
Insanity defense
Personal property
Reverse
American Association for Paralegal Education (AAfPE) www.aafpe.org
14. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Service
Unauthorized practice of law
Rule 56 motion (summary judgment motion)
Reasonable suspicion
15. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Plain view doctrine
Laws
Unofficial reporter
16. In a case brief - the rule of law applied to the case's specific facts.
Stare decisis
Issue
U.S. Court of Appeals
Subsequent case history
17. A calendering system that records key dates and important deadlines.
Freelance Paralegal
Tickler System
On all fours
Narrow Holding
18. The failure to act reasonably under the circumstances.
Negligence
Recidivist
Expert witness
Assumption of the risk
19. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Strict liability
Rules of criminal procedure
Comparative negligence
Voir dire
20. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Unauthorized practice of law
Dissenting opinion
Reverse
En banc
21. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legal technician
Deductive reasoning
Caption
Practice of law
22. Law that regulates how the legal system operates.
Strict liability
Procedural law
Battery
Affirmative defense
23. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Invasion of Privacy
Active Listening
Structured database
24. 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.
Prior case history
Tenancy by the entirety
Void for vagueness
Alternative dispute resolution (ADR)
25. Bad act.
Appellate brief
Negligence
Actus rea
Count
26. 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.
Pleadings
Hourly rate
Reverse
Case reporters
27. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Substantive facts
Search engine
Contract
28. Indirect evidence - used to prove facts by implication.
Circumstantial evidence
Mens rea
Internet
Verification
29. General principles that guide the courts in their interpretation of statutes.
Judicial review
Preemption
Summons
Canons of construction
30. The process of properly identifying and authenticating evidence so that it can be introduced.
Comparative negligence
On all fours
Cross-claim
Lay a foundation
31. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Limited liability partnership (LLP)
Motion for a new trial
Products liability
Professional Corporation (PC)
32. A constitutional protection against being tried twice for the same crime.
On point
Assumption of the risk
Federal question jurisdiction
Double jeopardy
33. Violation of a statute as proof of negligence
Intentional tort
Criminal law
Negligence per se
Compulsory joinder
34. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Vicarious representation
Dictum
Default judgment
Plain meaning
35. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Concurring opinion
Retainer agreement
Pretrial motion
36. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Arbitration
Hearsay
Clearly erroneous
37. Standard used by appellate courts when reviewing a trial court's findings of fact.
Clearly erroneous
Lexis
Attorney-client privilege
Pattern jury instructions
38. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Negligence
Summary jury trials
Res ipsa loquitur
Materiality
39. The questioning of your own witness.
Recklessness
Appellate brief
Direct examination
Harmless error
40. An agreement supported by consideration.
Nolo contendere
Contract
Notice pleading
Annotated statutes
41. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Structured database
Liberal construction
Direct evidence
42. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Issue
Contributory negligence
Lexis
Relevancy
43. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Potential conflict
Third-party claim
Judicial activism
44. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Transition
Intellectual Property
Stare decisis
Mistrial
45. The general jurisdiction trial courts in the federal system.
Default judgment
Prior case history
U.S. district courts
Assault
46. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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47. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Appellee or respondent
Reverse
Clear and convincing
48. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Disbarment
Expert witness
No-knock warrant
49. A request that the court order that certain information not be mentioned in the presence of the jury.
Circumstantial evidence
Stare decisis
Motion in limine
Hearsay
50. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Stop and frisk
Clearly erroneous
Evidence
Intellectual Property