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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. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Assault
Common law
Arraignment
Official reporter
2. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Annotated statutes
Intellectual Property
Easement
Client trust account
3. Bad intent.
Mens rea
Real property
Void for vagueness
Doctrine of implied powers
4. Broad questions that put few limits on the freedom of the respondent.
Open Questions
En banc
Defamation
Product misuse
5. 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
Digest
Judicial activism
Derogation of the common law
6. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Service
Issue of first impression
Statute
7. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Judgment proof
Caption
Lay witness
Stop and frisk
8. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Stare decisis
Model Rules of Professional Conduct
M'Naghten test
9. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Substantial capacity test
Writ of habeas corpus
Count
10. 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.
Paralegal
Transition
Direct examination
Agent
11. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Citation
Negligence
Constructive eviction
Assumption of the risk
12. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Comparative negligence
Leading questions
Remedial statute
Void for vagueness
13. In a case brief - facts that deal with what happened to the parties before the litigation began.
Default judgment
Relevancy
Notice
Substantive facts
14. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Registration
Products liability
Shepardizing
15. A witness who has not been shown to have any special expertise.
Competency
Harmless error
Lay witness
Legal fiction
16. Questions that suggest the answer.
Leading questions
Direct examination
Black-letter law
Landmark decision
17. Summary of one legal point in a court opinion; written by the editors at West.
Legislative intent
Headnote
Road Map paragraph
Federal question jurisdiction
18. Evidence that is derived from an illegal search or interrogation is inadmissible.
Active Listening
Answer
Fruit of the poisonous tree doctrine
Booking
19. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Derogation of the common law
Equity
Verification
20. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Negligence per se
Subsequent case history
Citation
Narrow Holding
21. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Reverse
Adverse possession
Statute in derogation of the common law
22. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Intentional tort
Compulsory joinder
Verdict
Hearsay
23. A claim by the defendant against the plaintiff.
Remedial statute
Counterclaim
Code of Federal Regulations (C.F.R.)
Harmless error
24. Law dealing with ownership.
Property law
Writ of execution
Assumption
Plain view doctrine
25. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Voir dire
Recidivist
Client trust account
26. An opinion that disagrees with the majority's decision and its reasoning.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Joint tenancy
Dissenting opinion
Laws
27. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Limited liability partnership (LLP)
Plaintiff
Assumption of the risk
28. A person who initiates a lawsuit.
U.S. Supreme Court
Legislative history
Procedural law
Plaintiff
29. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Registration
Corroborative evidence
Inculpatory evidence
30. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Appellate courts
Entrapment
Indictment
Exigent circumstances
31. A form in which statutes are published; they are printed individually at the time they are first enacted.
Class action suit
Criminal law
Slip laws
Stop and frisk
32. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Regulation
Closed Questions
En banc
Valid
33. A court's prior permission for the police to search and seize.
Product misuse
Comparative negligence
Legislative history
Warrant
34. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Appellate courts
Mediation
Full-text database
Codification of the common law
35. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
Contributory negligence
Broad holding
Self-defense
36. All property that is not real property.
Appellant or petitioner
Challenge for cause
Remand
Personal property
37. Bad act.
Appellant or petitioner
Actus rea
Preemption
Slip laws
38. A defense requiring proof that the defendant was not mentally responsible.
Plain meaning
Derogation of the common law
Insanity defense
Distinguishable cases
39. A person who permits or directs another person to act on the principal's behalf.
Subject matter jurisdiction
Leading questions
Structured database
Principle
40. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Hourly rate
Judicial restraint
Paralegal
41. 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.
Loislaw
Separation of powers
Implied warranty of habitability
Punitive damages
42. Cases that involve similar facts and rules of law.
Conflict of interest
Legal fiction
Analogous cases
Subject matter jurisdiction
43. A reason for invalidating a statute where it covers both protected and criminal activity.
Full-text database
Power of judicial review
Overbreadth
Primary authority
44. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Jurisdiction
Products liability
Contributory negligence
Minor premise
45. An opinion that disagrees with the majority's decision and reasoning.
Contingency fee
Plain view doctrine
Contract
Dissenting opinion
46. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Pretrial conference
Appellate brief
Holding
47. The power of a court to hear a case.
Citing case
Jurisdiction
Summons
Syllabus
48. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Liberal construction
Criminal law
Westlaw
Appellate or petitioner
49. The questioning of an opposing witness.
Legal malpractice
Cross-examination
Appellate or petitioner
Freelance Paralegal
50. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
No-knock warrant
Writ of certiorari
Comparative negligence
Headnote