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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 national organization of paralegal programs that promotes high standards for paralegal education.
Request for admissions
Res ipsa loquitur
American Association for Paralegal Education (AAfPE) www.aafpe.org
Jurisdiction
2. Violation of a statute as proof of negligence
Negligence per se
Successive conflict of interest
Legal clinic
Self-defense
3. The rule that in order to claim self-defense there must have been no possibility of retreat.
Successive conflict of interest
Retreat exception
Client trust account
Mandatory authority
4. When only one court has the power to hear a case.
Exclusive jurisdiction
Easement
Direct examination
Inculpatory evidence
5. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Disbarment
Federal question jurisdiction
Legislative history
6. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Defendant
Reverse
Arraignment
Competency
7. The purpose of the legislature at the time it enacted the statute.
Digest
Legislative intent
On all fours
Actual cause
8. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Structured database
12(b)(6) motion
Freelance Paralegal
Legal Reasoning
9. 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
Subpoena duces tecum
Harmless error
Billable hours
10. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Assault
Overrule
Comparative negligence
Negligence
11. Governmental publication of court opinions.
Confidentiality
Certificated
Official reporter
Mistrial
12. Broad questions that put few limits on the freedom of the respondent.
Entrapment
Strict liability
International Paralegal Management Association (IPMA) www.paralegal management.org
Open Questions
13. A tort committed by one who intends to do the act that creates the harm.
Arbitration
On point
Intentional tort
Exigent circumstances
14. The pleading that begins a lawsuit.
Substantive law
12(b)(6) motion
Complaint
Motion in limine
15. Rules of conduct promulgated and enforced by the government.
Laws
Lay advocate
No-knock warrant
Issue
16. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Class action suit
Derogation of the common law
Overrule
17. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Prior case history
Professional judgment
Lexis
Compensatory damages
18. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Subpoena duces tecum
Reasonable suspicion
Annotated statutes
Personal recognizance bond
19. A tangible object or a right or ownership interest.
Testimonial evidence
Ethical wall or screen or cone of silence
Plain meaning
Property
20. A law enacted by a state legislature or by Congress.
Questions of fact
Statute
Original jurisdiction
Syllabus
21. 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.
Disposition
Stop and frisk
Limited liability partnership (LLP)
Direct evidence
22. A request made to the court.
Motion
Plaintiff
Arraignment
Mandatory authority
23. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Voir dire
Relevancy
Mandatory authority
24. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Motion in limine
Leading questions
Necessity
Double jeopardy
25. The power of a court to hear a particular type of case.
Procedural facts
Subject matter jurisdiction
Full-text searches
Concurrent jurisdiction
26. The result reached in a particular case.
Property law
Disposition
Liberal construction
Service
27. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Self-defense
Headnote
Legal malpractice
28. A repeat offender; one who continues to commit more crimes.
Conflict of interest
Rules of criminal procedure
Recidivist
Code
29. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Jurisdiction
Transition
Full-text database
30. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Jurisdiction
Summons
Service
Paralegal
31. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Case reporters
Issue
Mandatory authority
32. Courts that determine whether lower courts have made errors of law.
Strict liability
Compulsory joinder
Appellate courts
Entrapment
33. Evidence that supports previous testimony but that comes in a different form.
Primary authority
Unauthorized practice of law
12(b)(6) motion
Corroborative evidence
34. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Codification
Tenancy by the entirety
Contributory negligence
Counterclaim
35. Books that contain appellate court decisions. There are both official and unofficial reporters.
Judicial activism
Remedial statute
Case reporters
Relevancy
36. A book that contains court opinion headnotes arranged by subject matter.
Subpoena
Diversity jurisdiction
Compulsory joinder
Digest
37. The failure of an attorney to act reasonably.
Request for admissions
Registration
Legal malpractice
Rule
38. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Constitutional law
Slip laws
Warrant
39. The process of organizing statutes by subject matter.
Codification
Recidivist
Clearly erroneous
Legislative history
40. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Suspension
Legislative intent
Procedural law
Holding
41. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Retreat exception
Pretrial motion
Judicial review
Request for admissions
42. 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.
Arraignment
Summary jury trials
Hourly rate
Nolo contendere
43. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Guardian
Third-party claim
Quiet enjoyment
44. Cases that involve different facts and/or rules of law.
Pleadings
Materiality
Distinguishable cases
Irresistible impulse test
45. A summary of one legal point in a court opinion; written by the editors at West.
Motion to require a finding of not guilty
Questions of law
Headnote
Voir dire
46. A token sum awarded when liability has been found but monetary damages cannot be shown.
Personal jurisdiction
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Nominal damages
Lay advocate
47. 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
Ethical wall or screen or cone of silence
Proximate cause
Statutory element
48. An opinion that agrees with the majority's result but disagrees with its reasoning.
Legal malpractice
Administrative law
Internet
Concurring opinion
49. A business run by two or more persons as co-owners.
Valid
U.S. Court of Appeals
Partnership
Interrogatories
50. Land and objects permanently attached to land.
Real property
Notice pleading
Documentary evidence
Questions of law