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Test your basic knowledge |
Paralegal 101
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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. Law that regulates how the legal system operates.
Voir dire
Products liability
Motion in limine
Procedural law
2. A worldwide network of computer networks.
Overrule
Answer
No-knock warrant
Internet
3. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Miranda warnings
Appellee or respondent
Regulation
Diversity jurisdiction
4. An advance or down payment that is given to engage the services of an attorney.
Legal clinic
Retainer
Corroborative evidence
Concluding paragraph
5. The failure to act reasonably under the circumstances.
Negligence
Conflict of interest
Comparative negligence
Full-text database
6. 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.
Defendant
Evidence
Dictum
Proximate cause
7. 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.
Eminent Domain
Legal Research
Statutes of limitations
Actual cause
8. 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.
Nominal damages
Headnote
Subsequent case history
Real property
9. The status of having received a certificate documenting that the person has successfully completed an educational program.
Res ipsa loquitur
Certificated
Secondary authority
U.S. Supreme Court
10. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Practice of law
Arbitration
Concurring opinion
Rules of criminal procedure
11. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
En banc
Preemption
Defamation
Judicial notice
12. Rules of conduct promulgated and enforced by the government.
Legal malpractice
Standing
Laws
Federalism
13. The rule requiring that the original document be produced at trial.
Professional judgment
Personal property
Best evidence rule
Constructive eviction
14. A provision that purports to waive liability.
Civil law
Statutes at large or session laws
Exculpatory clause
Exigent circumstances
15. A warrant that allows the police to enter without announcing their presence in advance.
Popular name table
No-knock warrant
Major premise
Legislative history
16. Establishes a direct link to the event that must be proven.
Overbreadth
Subject matter jurisdiction
Treatment
Direct evidence
17. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Materiality
Transition
Criminal law
18. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Damages
Clearly erroneous
Summary jury trials
19. A court order authorizing a sheriff to take property in order to enforce a judgment.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Plain view doctrine
False imprisonment
Writ of execution
20. The process of organizing statutes by subject matter.
Judgment
Codification
Exculpatory evidence
Retainer agreement
21. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Concluding paragraph
Power of judicial review
Interrogatories
Notice pleading
22. When an appellate court overturns or negates the decision of a lower court.
Compensatory damages
En banc
Leading question
Reverse
23. A suspicion based on specific facts; less than probable cause.
Federalism
National Association of Legal Assistants (NALA) www.nala.org
Reasonable suspicion
Negligence
24. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Tenancy in common
Analogous cases
Punitive damages
Concurring opinion
25. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Defendant
Negligence
Joint tenancy
Holding
26. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Certified
Res ipsa loquitur
Strict liability
Judicial restraint
27. A calendering system that records key dates and important deadlines.
Tickler System
Reverse
Exculpatory evidence
Negligence
28. All property that is not real property.
Motion in limine
Expert witness
Property
Personal property
29. A trial conducted without a jury.
Nolo contendere
Double jeopardy
Full-text searches
Bench trial
30. An approach whereby the courts give a statute a narrow interpretation.
Separation of powers
Overrule
Strict construction
Court of record
31. Any tangible object - like a bloody glove.
Cumulative evidence
Real or physical evidence
On all fours
Contingency fee
32. Specific questions that usually demand very short or yes-no answers.
Counterclaim
Negligence
Bill of Rights
Closed Questions
33. 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
Removal
Intellectual Property
Constitutional law
34. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Preemption
Relevancy
Adverse possession
Alternative dispute resolution (ADR)
35. 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.
Retainer agreement
Substantial capacity test
Bench trial
Limited jurisdiction
36. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Discovery
Nolo contendere
Headnote
Road Map paragraph
37. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Arraignment
Subsequent case history
Contributory negligence
Affirmative defense
38. 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
American Association for Paralegal Education (AAfPE) www.aafpe.org
Appellee or respondent
Criminal law
39. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Answer
Summons
Substantive law
Potential conflict
40. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Motion to require a finding of not guilty
Clearly erroneous
Ethical wall or screen or cone of silence
Procedural law
41. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Expert witness
Assumption
Entrapment
Registration
42. A constitutional protection against being tried twice for the same crime.
Voir dire
Holding
Negligence
Double jeopardy
43. A request that the court order that certain information not be mentioned in the presence of the jury.
Administrative law
Motion in limine
Tenancy by the entirety
Judicial notice
44. A court order requiring a person to appear to testify at a trial or deposition.
Diversity jurisdiction
Laws
Subpoena
Major premise
45. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Conflict of interest
Charging the jury
Writ of habeas corpus
Confidentiality
46. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Primary authority
Entrapment
Hourly rate
On all fours
47. The power of a court to hear a case.
Jurisdiction
Double jeopardy
Liberal construction
Codification of the common law
48. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
Statutes of limitations
Pretrial motion
Tenancy by the entirety
49. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Judicial notice
Intellectual Property
Double jeopardy
Exclusive jurisdiction
50. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Nominal damages
Defendant
Slip laws
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