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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. In a case brief - the rule of law applied to the case's specific facts.
Writ of habeas corpus
Issue
Enabling act
Legal services offices
2. The transfer of a case from one state court to a federal court.
Removal
Certified
Landmark decision
Minor premise
3. The rules whereby all members of a law firm are treated as though they had represented the former client.
Notice pleading
Fact
Digest
Vicarious representation
4. 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.
Separation of powers
Caption
Shepardizing
Professional Corporation (PC)
5. Rules of conduct promulgated and enforced by the government.
Legal writing
Power of judicial review
Laws
Reverse
6. 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.
Codification of the common law
Negligence per se
Motion to suppress
Clear and convincing
7. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Case reporters
Common law
Conflict of interest
8. 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.
Harmless error
Judgment proof
Proximate cause
Plain meaning
9. A judicial philosophy that supports an active role for the judiciary in changing the law.
Code of Federal Regulations (C.F.R.)
Judicial activism
Duress
Conflict of interest
10. Evidence that suggests the defendant's guilt.
Default judgment
Exhaustion of administrative remedies
Retainer
Inculpatory evidence
11. Law that regulates how the legal system operates.
Indictment
American Association for Paralegal Education (AAfPE) www.aafpe.org
Procedural law
Specific performance
12. A term used to describe a case that is similar to another case.
Procedural law
Complaint
Arbitration
On point
13. Representing someone who is in a position adverse to a prior client.
Legal Research
Successive conflict of interest
Arraignment
Consideration
14. An opinion that agrees with the majority's result but disagrees with the reasoning.
Bail
Concurring opinion
Legislative intent
Bailment
15. The power of government to take private property for public purposes.
Eminent Domain
Real property
Practice of law
Analogous cases
16. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Verification
Exculpatory evidence
Overrule
National Association of Legal Assistants (NALA) www.nala.org
17. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Preponderance of the evidence
Cross-claim
Subsequent case history
Invasion of Privacy
18. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Full-text searches
Secondary authority
Contributory negligence
Civil law
19. The papers that begin a lawsuit-generally - the complaint and the answer.
Summary jury trials
Citing case
Pleadings
En banc
20. To perform.
Execute
Clearly erroneous
Mistrial
Recklessness
21. Being informed of some act done or about to be done.
Citation
Notice
Exclusionary rule
Liberal construction
22. A national association of paralegal managers.
Practice of law
International Paralegal Management Association (IPMA) www.paralegal management.org
American Bar Association (ABA) www.abanet.org
Code of Federal Regulations (C.F.R.)
23. 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
Actual cause
Eminent Domain
Substantive facts
24. Also known as real estate; land and items growing on or permanently attached to that land.
Lexis
Alternative dispute resolution (ADR)
Real Property
Original jurisdiction
25. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Exculpatory evidence
Affirmative defense
Tenancy in common
26. 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.
Implied warranty of habitability
Specific performance
Internet
En banc
27. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Administrative law
Warrant
Remand
Entrapment
28. General principles that guide the courts in their interpretation of statutes.
Canons of construction
General jurisdiction
Constructive
Legal malpractice
29. A token sum awarded when liability has been found but monetary damages cannot be shown.
Recklessness
Constitutional law
Adverse possession
Nominal damages
30. A witness who has not been shown to have any special expertise.
Pretrial motion
Lay witness
Summary jury trials
Contributory negligence
31. Questions relating to the interpretation or application of the law.
Appellate brief
Peremptory challenge
Questions of law
Summons
32. A determination that an attorney may not practice law for a set period of time.
Suspension
Concurrent jurisdiction
Criminal law
Professional Corporation (PC)
33. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Deponent
Affirm
Compulsory joinder
Preponderance of the evidence
34. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Plea bargaining
Subsequent case history
Administrative law
Westlaw
35. Evidence that does not add any new information but that confirms facts that already have been established.
Official reporter
Real property
Statute in derogation of the common law
Cumulative evidence
36. Generally - an emergency situation that allows a search to proceed without a warrant.
Holding
Exigent circumstances
Citation
Rules of evidence
37. A court order requiring a party to perform a specific act or to cease doing a specific act.
Contingency fee
Cause of action
Injunction
Joint tenancy
38. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Fact
Duress
Hearsay
Notice pleading
39. 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.
Personal property
Grand jury
Reprimand or censure
Statutes of limitations
40. The status of having received a certificate documenting that the person has successfully completed an educational program.
Respondeat superior
Certificated
Remand
Procedural law
41. A person who permits or directs another person to act on the principal's behalf.
Registration
Warrant
Vicarious representation
Principle
42. 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.
Assumption
Products liability
Jurisdiction
Procedural facts
43. When an appellate court sends a case back to the trial court for a new trial or other action.
Adverse possession
Remand
Contingency fee
Recklessness
44. An opinion that agrees with the majority's result but disagrees with its reasoning.
Pinpoint cite
Active Listening
Entrapment
Concurring opinion
45. Law that deals with harm to a person or a person's property.
Tort law
Documentary evidence
Jurisdiction
Inculpatory evidence
46. Monetary compensation - including compensatory - punitive - and nominal damages.
Power of judicial review
Headnote
Damages
Partnership
47. The reference to a particular page within an opinion.
Pinpoint cite
Contingency fee
Legal writing
Substantive law
48. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Persuasive authority
Reverse
Canons of construction
Pleadings
49. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Nolo contendere
Diversity jurisdiction
Booking
Registration
50. A requirement that a party fulfill his or her contractual obligations.
Exigent circumstances
Specific performance
Challenge for cause
Overrule