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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 calendering system that records key dates and important deadlines.
Partnership
Confidentiality
Tickler System
Dissenting opinion
2. A request that the court prohibit the use of certain evidence at the trial.
Plain view doctrine
Valid
Motion to suppress
Product misuse
3. A provision in a deed that prohibits specified uses of the property.
Motion
Restrictive covenant
Hypertext links
Pretrial motion
4. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Codification of the common law
Assault
Civil law
5. Bad intent.
Mens rea
Counterclaim
Road Map paragraph
Jurisdiction
6. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Probable cause
Remedial statute
Testimonial evidence
Equity
7. A statute that changes the common law.
Statute in derogation of the common law
Corroborative evidence
Statutes at large or session laws
Bill of Rights
8. The publication of false statements that harm a person's reputation.
Retainer agreement
Defamation
Probable cause
Annotated statutes
9. The party in a case against whom an appeal has been filed.
Compulsory joinder
Appellee or respondent
Confidentiality
Treatment
10. A business run by two or more persons as co-owners.
Contract
Partnership
Entrapment
No-knock warrant
11. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Arraignment
Statute of limitations
Counterclaim
Bail
12. To perform.
Affirmative defense
Enabling act
Execute
Charging the jury
13. A request that the court order that certain information not be mentioned in the presence of the jury.
Federal question jurisdiction
Conflict of interest
Motion in limine
Equity
14. Proof that the evidence is what it is said to be.
Active Listening
Authentication
Writ of execution
Criminal law
15. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Quiet enjoyment
Probable cause
Reverse
Pleadings
16. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Model Rules of Professional Conduct
Expert witness
Assault
Third-party claim
17. Consists of records - contracts - leases - wills - and other written instruments.
Personal recognizance bond
Legal malpractice
Documentary evidence
Certificated
18. The highest federal appellate court - consisting of nine appointed members.
Headnote
Trial courts
Miranda warnings
U.S. Supreme Court
19. The rules whereby all members of a law firm are treated as though they had represented the former client.
Official reporter
International Paralegal Management Association (IPMA) www.paralegal management.org
Subject matter jurisdiction
Vicarious representation
20. A right to use property owned by another for a limited purpose.
Professional judgment
Easement
General jurisdiction
Valid
21. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Writ of certiorari
Mandatory authority
Model Rules of Professional Conduct
Judicial restraint
22. A court order requiring a party to perform a specific act or to cease doing a specific act.
No-knock warrant
Prior case history
Reverse
Injunction
23. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Pretrial motion
Tenancy in common
Double jeopardy
24. A computerized database that contains the full text of documents - such as court opinions or depositions.
Answer
Full-text database
Beyond a reasonable doubt
Entrapment
25. In a case brief - the rule of law applied to the case's specific facts.
Pleadings
Judgment proof
Class action suit
Issue
26. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Clear and convincing
International Paralegal Management Association (IPMA) www.paralegal management.org
Road Map paragraph
Clearly erroneous
27. An opinion that disagrees with the majority's decision and reasoning.
Product misuse
Harmless error
Distinguishable cases
Dissenting opinion
28. The court's power to review statutes to decide whether they conform to the Constitution.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Damages
Internet
Judicial review
29. The person who is being asked questions at a deposition.
Prior case history
Model Rules of Professional Conduct
Rule 56 motion (summary judgment motion)
Deponent
30. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Motion for a new trial
Minor premise
Unofficial reporter
Concurring opinion
31. A witness who has not been shown to have any special expertise.
Lay witness
Contributory negligence
Rule 56 motion (summary judgment motion)
Practice of law
32. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
per curium
Case reporters
Professional judgment
Road Map paragraph
33. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Invasion of Privacy
Active Listening
Overbreadth
Canons of construction
34. Broad questions that put few limits on the freedom of the respondent.
Criminal law
Caption
Registration
Open Questions
35. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Client trust account
Expert witness
Beyond a reasonable doubt
12(b)(6) motion
36. 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.
Statute in derogation of the common law
Case reporters
Grand jury
Procedural facts
37. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Cumulative evidence
Registration
Arbitration
Joint tenancy
38. The failure to act reasonably under the circumstances.
Questions of fact
No-knock warrant
Attorney-client privilege
Negligence
39. Cases that involve similar facts and rules of law.
Assault
Analogous cases
Derogation of the common law
Unofficial reporter
40. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Model Rules of Professional Conduct
Bail
Corroborative evidence
Intellectual Property
41. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Questions of fact
Registration
Real or physical evidence
Practice of law
42. A law promulgated by an administrative agency.
Arrest
Regulation
Concurrent conflict of interest
U.S. Supreme Court
43. Something of value exchanged to form the basis of a contract.
Consideration
Distinguishable cases
Recklessness
Limited liability partnership (LLP)
44. An opinion that disagrees with the majority's decision and its reasoning.
Pretrial conference
Jurisdiction
Dissenting opinion
Model Rules of Professional Conduct
45. The rule requiring that the original document be produced at trial.
Damages
Legal services offices
Duress
Best evidence rule
46. Evidence that suggests the defendant's innocence.
Strict construction
Exigent circumstances
Legal clinic
Exculpatory evidence
47. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Defendant
Full-text database
Leading questions
Doctrine of implied powers
48. The failure of an attorney to act reasonably.
Corroborative evidence
Ethical wall or screen or cone of silence
Miranda warnings
Legal malpractice
49. Indirect evidence - used to prove facts by implication.
Recidivist
Popular name table
Circumstantial evidence
Void for vagueness
50. 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.
Analogous cases
Negligence per se
Deposition
Hourly rate