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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. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Fixed Fee
Bail
Subject matter jurisdiction
Lexis
2. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Issue
Hearsay
Arraignment
Alternative dispute resolution (ADR)
3. Law that creates rights and duties.
Preponderance of the evidence
Search engine
Client trust account
Substantive law
4. The status of having received a certificate documenting that the person has successfully completed an educational program.
Pocket part
Certificated
Authentication
Slip laws
5. The papers that begin a lawsuit-generally - the complaint and the answer.
On all fours
Trial courts
Rules of evidence
Pleadings
6. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Assumption
Warrant
Transition
Verdict
7. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Unauthorized practice of law
Intellectual Property
Service
Procedural law
8. A constitutional protection against being tried twice for the same crime.
Exclusive jurisdiction
Double jeopardy
Loislaw
Concluding paragraph
9. Proof that the evidence is what it is said to be.
Prima facie case
Complaint
Authentication
Materiality
10. The rule that in order to claim self-defense there must have been no possibility of retreat.
Motion in limine
Retreat exception
Vicarious representation
Slip laws
11. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Self-defense
Plain meaning
Legal writing
Popular name table
12. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Ethical wall or screen or cone of silence
Caption
Judgment notwithstanding the verdict (judgment N.O.V.)
Real Property
13. Information that can be presented in a court of law as proof of some fact.
Slip laws
Internet
Reprimand or censure
Evidence
14. Evidence that suggests the defendant's innocence.
Substantial capacity test
Cause of action
Exculpatory evidence
Contributory negligence
15. 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.
Adverse possession
Successive conflict of interest
Concurrent jurisdiction
Concluding paragraph
16. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Pattern jury instructions
Judgment
Contingency fee
Legal technician
17. 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.
Lay witness
Westlaw
Cause of action
Retainer
18. A national association of paralegal managers.
Assumption
International Paralegal Management Association (IPMA) www.paralegal management.org
Negligence
Rules of criminal procedure
19. Law that deals with harm to society as a whole.
Retainer
Criminal law
Full-text searches
Subsequent case history
20. In a case brief - the general legal principle in existence before the case began.
Ejusdem generis
Disposition
Affirmative defense
Rule
21. 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.
Dictum
Retainer agreement
Affirmative defense
Exclusionary rule
22. Evidence that is derived from an illegal search or interrogation is inadmissible.
Specific performance
Fruit of the poisonous tree doctrine
American Association for Paralegal Education (AAfPE) www.aafpe.org
On all fours
23. Not factually true - but accepted by the courts as being legally true.
Partnership
Constructive
Battery
Deponent
24. In a case brief - the rule of law applied to the case's specific facts.
Issue of first impression
Issue
Remedial statute
Affirmative defense
25. An opinion that disagrees with the majority's decision and reasoning.
Inculpatory evidence
Prima facie case
Slip laws
Dissenting opinion
26. When an appellate court sends a case back to the trial court for a new trial or other action.
Booking
Leading questions
Remand
Negligence
27. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Conflict of interest
Registration
Tenancy by the entirety
Third-party claim
28. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Standing
Motion
Eminent Domain
29. A term used to describe a case that is similar to another case.
Certificated
Retainer agreement
On point
Judgment
30. When only one court has the power to hear a case.
Entrapment
Restrictive covenant
Exclusive jurisdiction
Bail
31. A requirement that a party fulfill his or her contractual obligations.
Specific performance
American Association for Paralegal Education (AAfPE) www.aafpe.org
Pattern jury instructions
Hourly rate
32. An opinion in which a majority of the court joins.
Majority opinion
Self-defense
Questions of fact
Bill of Rights
33. When an appellate court overturns or negates the decision of a lower court.
Search engine
Product misuse
Reverse
Guardian
34. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Legal malpractice
Narrow Holding
Affirmative defense
Standing
35. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Contract
Conflict of interest
Legal services offices
Summary jury trials
36. Questions relating to what happened: who - what - when - where - and how.
Questions of fact
Statute in derogation of the common law
Personal jurisdiction
Concluding paragraph
37. 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.
Remand
Proximate cause
Limited jurisdiction
Codification of the common law
38. Cases that involve similar facts and rules of law.
Code
Issue
Analogous cases
Substantial capacity test
39. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Affirm
Writ of habeas corpus
Reverse
Relevancy
40. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Challenge for cause
Counterclaim
Dissenting opinion
Legal Reasoning
41. Land and objects permanently attached to land.
Real property
Annotated statutes
Guardian
Charging the jury
42. An opinion that agrees with the majority's result but disagrees with the reasoning.
Plain view doctrine
Codification
Concurring opinion
Eminent Domain
43. Standard used by appellate courts when reviewing a trial court's findings of fact.
Analogous cases
Motion for a new trial
Class action suit
Clearly erroneous
44. Monetary compensation - including compensatory - punitive - and nominal damages.
Answer
Damages
Active Listening
Circumstantial evidence
45. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Broad holding
Exclusive jurisdiction
Bench trial
Miranda warnings
46. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Concurrent jurisdiction
Jurisdiction
Persuasive authority
En banc
47. The new legal principle established by a court opinion.
Arrest
Holding
Black-letter law
Suspension
48. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Plain meaning
Peremptory challenge
Administrative law
Remedial statute
49. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Concluding paragraph
Assault
Minimum contacts
Remand
50. The questioning of an opposing witness.
Cross-examination
Closed Questions
Disbarment
Recidivist