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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. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Legal writing
Compensatory damages
Black-letter law
2. Evidence that suggests the defendant's innocence.
Pretrial conference
Affirm
Exculpatory evidence
Headnote
3. The revocation of an attorney's license.
Model Rules of Professional Conduct
Disbarment
Clear and convincing
Retreat exception
4. The rule that in order to claim self-defense there must have been no possibility of retreat.
Concurrent conflict of interest
U.S. Court of Appeals
Counterclaim
Retreat exception
5. 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.
Retainer agreement
On point
Request for admissions
Hearsay
6. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Rule
M'Naghten test
Statutes of limitations
Bail
7. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Separation of powers
Codification of the common law
Authentication
8. A defense whereby the defendant offers new evidence to avoid judgment.
Federalism
Affirmative defense
Writ of execution
Disposition
9. An opinion in which a majority of the court joins.
Statutory element
Restrictive covenant
Miranda warnings
Majority opinion
10. Liability without having to prove fault.
Preponderance of the evidence
Registration
Strict liability
Pinpoint cite
11. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Competency
Active Listening
Agent
Harmless error
12. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Deponent
Statute
Doctrine of implied powers
Codification
13. Evidence that supports previous testimony but that comes in a different form.
Hypertext links
Corroborative evidence
Pretrial conference
Statute in derogation of the common law
14. The status of having received a certificate documenting that the person has successfully completed an educational program.
Judgment notwithstanding the verdict (judgment N.O.V.)
Certificated
Personal property
Assumption
15. A national association of paralegal associations.
Insanity defense
Assumption
Issue of first impression
National Federation of Paralegal Associations (NFPA) www.paralegals.org
16. Questions relating to the interpretation or application of the law.
Questions of law
Nominal damages
Preemption
Entrapment
17. A court's power to hear only specialized cases.
Intentional tort
Legislative intent
Specific performance
Limited jurisdiction
18. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Road Map paragraph
Personal property
Procedural facts
19. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Legal writing
Legal clinic
Class action suit
Direct examination
20. Representing someone who is in a position adverse to a prior client.
Motion in limine
Successive conflict of interest
Conflict of interest
Request for admissions
21. Questions that suggest the answer.
Trial courts
Leading questions
Retreat exception
Issue
22. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Direct examination
Materiality
Primary authority
Reverse
23. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Removal
Fruit of the poisonous tree doctrine
Affirm
Constructive eviction
24. Evidence that is derived from an illegal search or interrogation is inadmissible.
Intellectual Property
Tenancy in common
Fruit of the poisonous tree doctrine
Laws
25. 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.
Reverse
Road Map paragraph
Implied warranty of habitability
Landmark decision
26. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Secondary authority
Limited liability partnership (LLP)
Answer
27. 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
Structured database
Fixed Fee
Invasion of Privacy
28. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Leading question
Civil law
Challenge for cause
Double jeopardy
29. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Persuasive authority
Arrest
Intellectual Property
30. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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31. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Exclusionary rule
Holding
Citation
32. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Product misuse
Verdict
American Association for Paralegal Education (AAfPE) www.aafpe.org
Bill of Rights
33. 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.
Model Rules of Professional Conduct
Appellant or petitioner
Cause of action
Strict construction
34. Being informed of some act done or about to be done.
Notice
Plaintiff
Appellee or respondent
Deponent
35. The division of governmental power among the legislative - executive - and judicial branches.
Major premise
Separation of powers
Rules of criminal procedure
Inculpatory evidence
36. When only one court has the power to hear a case.
Exclusive jurisdiction
Treatment
Statute of limitations
Procedural facts
37. The result reached in a particular case.
Complaint
Disposition
Partnership
Cumulative evidence
38. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Digest
Retainer
American Bar Association (ABA) www.abanet.org
Treatment
39. A computerized database that contains the full text of documents - such as court opinions or depositions.
Holding
Full-text database
Personal jurisdiction
Bail
40. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Dissenting opinion
Alternative dispute resolution (ADR)
M'Naghten test
Third-party claim
41. Violation of a statute as proof of negligence
Motion to suppress
Negligence per se
Arbitration
Comparative negligence
42. Law that deals with harm to a person or a person's property.
Personal recognizance bond
Equity
Judicial notice
Tort law
43. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Full-text searches
Assumption of the risk
Joint tenancy
12(b)(6) motion
44. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Minor premise
Concurrent jurisdiction
Popular name table
45. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Full-text searches
Ethical wall or screen or cone of silence
Personal jurisdiction
Personal property
46. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Beyond a reasonable doubt
Legal services offices
Comparative negligence
Product misuse
47. A requirement that a party fulfill his or her contractual obligations.
Rule
Successive conflict of interest
Bail
Specific performance
48. The new legal principle established by a court opinion.
Trial courts
Federal question jurisdiction
Appellate brief
Holding
49. 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.
Double jeopardy
Plea bargaining
Unauthorized practice of law
Proximate cause
50. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Lay advocate
Overrule
Contributory negligence
Concurring opinion