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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. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Count
Implied warranty of habitability
Holding
International Paralegal Management Association (IPMA) www.paralegal management.org
2. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Equity
Verification
Caption
Count
3. 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.
Substantial capacity test
Liberal construction
Discovery
Hourly rate
4. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Clear and convincing
Federalism
Cross-examination
Cross-claim
5. Information that can be presented in a court of law as proof of some fact.
Evidence
Inculpatory evidence
Majority opinion
Deductive reasoning
6. A defense whereby the defendant offers new evidence to avoid judgment.
Reverse
Affirmative defense
Implied warranty of habitability
Deductive reasoning
7. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Contract
Defendant
Arbitration
Federalism
8. A worldwide network of computer networks.
Restrictive covenant
Internet
Dismissal with prejudice
Remedial statute
9. To perform.
Execute
Assumption
Discovery
Preponderance of the evidence
10. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Restatement of the Law of Torts - Second
Freelance Paralegal
Voir dire
Broad holding
11. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Statutes of limitations
Double jeopardy
Verification
12. The educated ability to apply law to specific facts.
Legal malpractice
Standing
Clearly erroneous
Professional judgment
13. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Appellant or petitioner
Personal property
Verification
14. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Stop and frisk
Remedial statute
Ethical wall or screen or cone of silence
Contingency Fee
15. The chronological publication of statutes at the end of a legislative session.
Statutes at large or session laws
Separation of powers
Overbreadth
Eminent Domain
16. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Legal writing
Service
Prima facie case
Treatment
17. Liability without a showing of fault.
Overrule
Recklessness
Vicarious representation
Strict liability
18. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Retainer agreement
Subsequent case history
Motion for a new trial
19. Cases that involve similar facts and rules of law.
Analogous cases
Reprimand or censure
Appellee or respondent
Appellate brief
20. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Disbarment
Affirm
Plain meaning
Code
21. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Pattern jury instructions
Treatment
Battered woman's or spouse's syndrome
Void for vagueness
22. 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 clinic
Liberal construction
Substantive facts
Cause of action
23. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Separation of powers
Professional Corporation (PC)
Prior case history
24. Written questions sent by one side to the opposing side - answered under oath.
Clearly erroneous
Restrictive covenant
Interrogatories
Judicial review
25. A tangible object or a right or ownership interest.
Property
Reprimand or censure
Materiality
Class action suit
26. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Liberal construction
Popular name table
Motion
Model Rules of Professional Conduct
27. A business run by two or more persons as co-owners.
Exhaustion of administrative remedies
Authentication
Void for vagueness
Partnership
28. The party in a lawsuit against whom an appeal has been filed.
Default judgment
Appellee or respondent
Confidentiality
Affirmative defense
29. A court's prior permission for the police to search and seize.
Corroborative evidence
Warrant
Defendant
Leading questions
30. Courts that determine whether lower courts have made errors of law.
Easement
Affirmative defense
Personal property
Appellate courts
31. When an appellate court overturns or negates the decision of a lower court.
Assumption of the risk
Lay a foundation
Reverse
Preemption
32. A statute establishing and setting out the powers of an administrative agency.
Statutes at large or session laws
Enabling act
Legal technician
Eminent Domain
33. 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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34. A grand jury's written accusation that a given individual has committed a crime.
Digest
Indictment
Appellate or petitioner
Cumulative evidence
35. Any tangible object - like a bloody glove.
Implied warranty of habitability
Agent
Real or physical evidence
Deductive reasoning
36. Court decisions from a higher court in the same jurisdiction.
Subpoena
Request for admissions
Mandatory authority
Analogous cases
37. All property that is not real property.
Jurisdiction
Personal property
Contributory negligence
Interrogatories
38. Rules and regulations created by administrative agencies.
Concurring opinion
Contingency Fee
Writ of certiorari
Administrative law
39. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Stop and frisk
Miranda warnings
Legal Reasoning
Comparative negligence
40. 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.
Stop and frisk
Landmark decision
Recklessness
Remand
41. A right to use property owned by another for a limited purpose.
Narrow Holding
Default judgment
Authentication
Easement
42. 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.
Appellant or petitioner
Duress
Probable cause
Quiet enjoyment
43. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Assault
Annotated statutes
U.S. Court of Appeals
Concurrent conflict of interest
44. Standard used by appellate courts when reviewing a trial court's findings of fact.
Notice pleading
Clearly erroneous
Disposition
Reprimand or censure
45. All property that is not real property.
Defamation
Respondeat superior
Personal property
Paralegal
46. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Narrow Holding
Judicial restraint
Writ of execution
Appellee or respondent
47. The failure of an attorney to act reasonably.
Issue
Indictment
Legal malpractice
Reprimand or censure
48. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Internet
Products liability
Contributory negligence
Limited liability partnership (LLP)
49. Questions that suggest the answer.
Case citation
Primary authority
Leading questions
Plea bargaining
50. The party in a case against whom an appeal has been filed.
Diversity jurisdiction
Lay advocate
Appellee or respondent
Tickler System