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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 defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Affirm
Issue
No-knock warrant
2. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Compensatory damages
Product misuse
Answer
Major premise
3. 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.
Reverse
Concurring opinion
Personal property
Federalism
4. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Third-party claim
Legal services offices
Contract
Common law
5. In a complaint - one cause of action.
Vicarious representation
Paralegal
Count
Intellectual Property
6. A requirement that a party fulfill his or her contractual obligations.
Jurisdiction
per curium
Reverse
Specific performance
7. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Caption
Civil law
Res ipsa loquitur
Dismissal with prejudice
8. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Authentication
Code of Federal Regulations (C.F.R.)
Class action suit
Narrow Holding
9. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Discovery
Appellee or respondent
Road Map paragraph
10. The party in a lawsuit against whom an appeal has been filed.
Retreat exception
Appellee or respondent
Procedural facts
Harmless error
11. The power of a court to hear a particular type of case.
Battery
Alternative dispute resolution (ADR)
Charging the jury
Subject matter jurisdiction
12. The chronological publication of statutes at the end of a legislative session.
Attorney-client privilege
Statutes at large or session laws
Miranda warnings
Negligence
13. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Rule 56 motion (summary judgment motion)
Respondeat superior
Documentary evidence
14. Courts that determine the facts and apply the law to the facts.
Trial courts
Majority opinion
Procedural facts
Judicial notice
15. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Exclusive jurisdiction
Loislaw
Assumption of the risk
Remedial statute
16. A witness who has not been shown to have any special expertise.
Property law
Personal jurisdiction
Lay witness
Prior case history
17. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Judgment notwithstanding the verdict (judgment N.O.V.)
Arrest
Fact
18. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Interrogatories
Mediation
Necessity
Evidence
19. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Secondary authority
Active Listening
Plain meaning
Legislative history
20. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Documentary evidence
Writ of certiorari
Bailment
Personal jurisdiction
21. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Restatement of the Law of Torts - Second
Shepardizing
Doctrine of implied powers
Reversible error
22. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Holding
Jurisdiction
Injunction
Caption
23. 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.
Subsequent case history
U.S. Court of Appeals
Count
Contributory negligence
24. Voluntarily and knowingly subjecting oneself to danger.
Overrule
Assumption of the risk
Direct evidence
Concluding paragraph
25. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Directed verdict
Shepardizing
Legal fiction
Reverse
26. A trial conducted without a jury.
Bench trial
Fixed Fee
Internet
Arrest
27. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Summary jury trials
Clear and convincing
Proximate cause
Personal recognizance bond
28. A document that lists statements regarding specific items for the other party to admit or deny.
Exculpatory evidence
Separation of powers
Request for admissions
Canons of construction
29. Voluntarily and knowingly subjecting oneself to danger.
Procedural law
Assumption of the risk
Exigent circumstances
per curium
30. The status of having received a certificate documenting that the person has successfully completed an educational program.
Black-letter law
Lay witness
Official reporter
Certificated
31. An issue that the court has never faced before.
Miranda warnings
Issue of first impression
Treatment
Contract
32. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Concluding paragraph
Concurring opinion
Leading questions
Competency
33. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Attorney-client privilege
Bench trial
Dictum
34. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Liberal construction
Landmark decision
Reverse
35. A suspicion based on specific facts; less than probable cause.
Popular name table
Reasonable suspicion
per curium
Partnership
36. When an appellate court sends a case back to the trial court for a new trial or other action.
Statute of limitations
Substantive facts
Remand
Unauthorized practice of law
37. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Real property
Preponderance of the evidence
Lay witness
Standing
38. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Interrogatories
Strict construction
Contingency Fee
39. 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.
Contributory negligence
Judicial restraint
Paralegal
Internet
40. 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.
Minimum contacts
Freelance Paralegal
Summary jury trials
Necessity
41. The process of properly identifying and authenticating evidence so that it can be introduced.
Summary jury trials
Lay a foundation
Reverse
Deposition
42. Questions relating to the interpretation or application of the law.
Questions of law
Analogous cases
Tort law
Counterclaim
43. In a case brief - facts that deal with what happened to the parties before the litigation began.
General jurisdiction
Cross-claim
Writ of execution
Substantive facts
44. A court opinion that establishes new law in an important area.
Plain meaning
Interrogatories
Landmark decision
Broad holding
45. Rules and regulations created by administrative agencies.
Administrative law
Reprimand or censure
Subpoena
Removal
46. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Practice of law
Lexis
Liberal construction
Shepardizing
47. General principles that guide the courts in their interpretation of statutes.
Limited liability partnership (LLP)
Canons of construction
Contributory negligence
Exculpatory evidence
48. The result reached in a particular case.
Full-text database
Legislative history
Enabling act
Disposition
49. Including more than one count in a complaint; the counts do not need to be consistent.
Major premise
Restrictive covenant
Pleading in the alternative
Unofficial reporter
50. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Bailment
American Association for Paralegal Education (AAfPE) www.aafpe.org
Road Map paragraph
Authentication