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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. An approach whereby the courts give a statute a broad interpretation.
Shepardizing
Miranda warnings
Federalism
Liberal construction
2. Law that deals with harm to an individual.
Property
Plain meaning
Civil law
Federal question jurisdiction
3. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Questions of fact
Transition
Statutes of limitations
Reasonable suspicion
4. Not factually true - but accepted by the courts as being legally true.
Reverse
Open Questions
Clearly erroneous
Constructive
5. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Bench trial
Judgment
Motion in limine
Subsequent case history
6. A court's power to hear only specialized cases.
Limited jurisdiction
Exhaustion of administrative remedies
Internet
Fixed Fee
7. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Major premise
Counterclaim
Nolo contendere
Reprimand or censure
8. A public or private statement that an attorney's conduct violated the code of ethics.
No-knock warrant
Criminal law
Reprimand or censure
Exhaustion of administrative remedies
9. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Corroborative evidence
Summary jury trials
Pleading in the alternative
Retainer agreement
10. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Statute in derogation of the common law
Grand jury
Real or physical evidence
Authentication
11. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Vicarious representation
Search engine
Notice
Substantial capacity test
12. Disregarding a substantial and unjustifiable risk that harm will result.
Administrative law
Recklessness
Lay witness
Rules of evidence
13. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Reverse
Comparative negligence
Request for admissions
Mistrial
14. 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
Compulsory joinder
Deponent
Cross-examination
15. Bad intent.
Preponderance of the evidence
Canons of construction
Minimum contacts
Mens rea
16. 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.
Full-text searches
Legislative history
Restatement of the Law of Torts - Second
Landmark decision
17. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Procedural facts
Power of judicial review
Tenancy by the entirety
Unauthorized practice of law
18. In a case brief - the general legal principle in existence before the case began.
Rule
Appellee or respondent
U.S. Court of Appeals
Certificated
19. The transfer of a case from one state court to a federal court.
Removal
Answer
Concurring opinion
Real or physical evidence
20. In logic - a belief that justifies one in arguing a conclusion.
Registration
Remand
Assumption
Syllabus
21. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Prima facie case
Negligence
Issue
Citation
22. A tort committed by one who intends to do the act that creates the harm.
Testimonial evidence
Legal writing
Hypertext links
Intentional tort
23. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Comparative negligence
Voir dire
Westlaw
Property
24. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Relevancy
Substantial capacity test
Appellee or respondent
Appellant or petitioner
25. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Cross-examination
Cause of action
Practice of law
Guardian
26. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Disposition
Lay witness
Annotated statutes
Class action suit
27. The person who is being asked questions at a deposition.
Deponent
Landmark decision
Negligence
Legal clinic
28. The power of a court to force a person to appear before it.
Fixed Fee
American Association for Paralegal Education (AAfPE) www.aafpe.org
Affirmative defense
Personal jurisdiction
29. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Notice pleading
Arbitration
Jurisdiction
30. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Treatment
Dismissal with prejudice
Arrest
Appellee or respondent
31. A compilation of federal administrative regulations arranged by agency.
Dismissal with prejudice
Code of Federal Regulations (C.F.R.)
Judicial review
Comparative negligence
32. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Pleadings
Punitive damages
Concluding paragraph
Rules of criminal procedure
33. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Beyond a reasonable doubt
Affirmative defense
Legal fiction
Actual cause
34. Evidence that does not add any new information but that confirms facts that already have been established.
Restrictive covenant
Notice
Freelance Paralegal
Cumulative evidence
35. Law that deals with harm to society as a whole.
Lay witness
Regulation
Criminal law
Reverse
36. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Plain view doctrine
Remedial statute
Service
37. The justified use of force to protect oneself or others.
Deductive reasoning
Personal property
Self-defense
Concurrent conflict of interest
38. 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.
Reprimand or censure
Interrogatories
Prior case history
Adverse possession
39. 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.
Booking
Arrest
Standing
Citation
40. All property that is not real property.
Answer
Code
Prima facie case
Personal property
41. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Exclusive jurisdiction
Majority opinion
Evidence
42. When a higher court agrees with what lower court has done.
Legal writing
Overrule
Disbarment
Affirm
43. The division of governmental power among the legislative - executive - and judicial branches.
Subpoena
Separation of powers
Damages
Consideration
44. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Limited jurisdiction
Authentication
Subject matter jurisdiction
Potential conflict
45. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Summons
Judicial notice
Assault
Legislative history
46. 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.
Minimum contacts
Writ of execution
Testimonial evidence
Clear and convincing
47. The questioning of an opposing witness.
Bailment
Cross-examination
Personal jurisdiction
Miranda warnings
48. 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.
Retainer
Caption
Federalism
Cross-examination
49. 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.
Compensatory damages
Hourly rate
Paralegal
Hypertext links
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.
Rule
Substantive facts
U.S. Court of Appeals
Certified