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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. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Certificated
Removal
Respondeat superior
2. Not factually true - but accepted by the courts as being legally true.
Statute of limitations
Contract
Constructive
Quiet enjoyment
3. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federalism
Lay a foundation
Digest
Closed Questions
4. Questions that suggest the answer.
Leading questions
Popular name table
Certificated
Guardian
5. A set charge for a specific service - such as drafting a simple will.
Hypertext links
Fixed Fee
Leading questions
Questions of fact
6. The questioning of an opposing witness.
Reversible error
Constructive eviction
Writ of execution
Cross-examination
7. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Dissenting opinion
Equity
Landmark decision
8. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Restatement of the Law of Torts - Second
Res ipsa loquitur
Concluding paragraph
Internet
9. A court's power to hear only specialized cases.
Secondary authority
Limited jurisdiction
Service
Vicarious representation
10. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Irresistible impulse test
Cross-examination
Charging the jury
Nolo contendere
11. Someone who has the power to act in the place of another.
Agent
Real property
Self-defense
U.S. Court of Appeals
12. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Complaint
Appellate brief
Canons of construction
Notice pleading
13. Law that creates rights and duties.
Respondeat superior
Judicial activism
Substantive law
Contributory negligence
14. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Personal property
Contributory negligence
Harmless error
Arbitration
15. A case listed in Shepard's that cites your case.
Statutory element
Issue
Citing case
Appellate or petitioner
16. 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.
Leading question
Competency
Pretrial motion
Recklessness
17. A business run by two or more persons as co-owners.
Partnership
Prior case history
Pretrial motion
Affirmative defense
18. When more than one court has jurisdiction to hear a case.
Limited liability partnership (LLP)
Concurrent jurisdiction
Cross-examination
Warrant
19. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Necessity
Reversible error
Arrest
Original jurisdiction
20. All property that is not real property.
Personal property
Disposition
Affirm
Charging the jury
21. Law that deals with harm to an individual.
per curium
Civil law
Comparative negligence
Contributory negligence
22. A national association of paralegal managers.
Judgment proof
Property law
Lay a foundation
International Paralegal Management Association (IPMA) www.paralegal management.org
23. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Relevancy
Cumulative evidence
Syllabus
Discovery
24. A national organization of paralegal programs that promotes high standards for paralegal education.
Authentication
Model Rules of Professional Conduct
Peremptory challenge
American Association for Paralegal Education (AAfPE) www.aafpe.org
25. The party in a lawsuit against whom an appeal has been filed.
Issue
Preponderance of the evidence
Appellee or respondent
Tort law
26. Questions relating to the interpretation or application of the law.
Road Map paragraph
Questions of law
Holding
Preponderance of the evidence
27. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Pretrial motion
Court of record
Complaint
28. A computerized database that contains key information about the content of documents - such as medical records.
Battery
Landmark decision
Overrule
Structured database
29. A calendering system that records key dates and important deadlines.
Compensatory damages
Statute
Authentication
Tickler System
30. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Paralegal
Subpoena
Contingency Fee
Westlaw
31. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Annotated statutes
Narrow Holding
Summary jury trials
Necessity
32. 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.
Unauthorized practice of law
Jurisdiction
Substantial capacity test
U.S. Court of Appeals
33. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Subject matter jurisdiction
Plain meaning
Nolo contendere
Documentary evidence
34. Proof that the evidence is what it is said to be.
Concurring opinion
Subpoena duces tecum
Citation
Authentication
35. A statement in a judicial opinion not necessary for the decision of the case.
Digest
Dictum
Proximate cause
Shepardizing
36. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Derogation of the common law
Real property
Canons of construction
On all fours
37. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Annotated statutes
Judicial notice
Remand
Counterclaim
38. 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.
Minimum contacts
Assault
Personal jurisdiction
Federal question jurisdiction
39. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Appellee or respondent
Citation
Conflict of interest
Answer
40. A person who initiates a lawsuit.
Materiality
Billable hours
Plaintiff
Distinguishable cases
41. A book that contains court opinion headnotes arranged by subject matter.
Digest
Lay advocate
Reverse
Defendant
42. 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.
Specific performance
Personal property
Stop and frisk
Distinguishable cases
43. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Contingency fee
Jurisdiction
Duress
44. The tort theory that an employer can be sued for the negligent acts of its employees.
Constructive
Reverse
Respondeat superior
Recidivist
45. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Evidence
Dictum
Reprimand or censure
Full-text searches
46. Disregarding a substantial and unjustifiable risk that harm will result.
Beyond a reasonable doubt
Default judgment
Full-text database
Recklessness
47. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Registration
Booking
Guardian
48. Standard used by appellate courts when reviewing a trial court's findings of fact.
Pleadings
Clearly erroneous
Necessity
Personal recognizance bond
49. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Jurisdiction
Issue
Reverse
Syllabus
50. A computerized database that contains the full text of documents - such as court opinions or depositions.
Citation
Practice of law
Full-text database
Concurring opinion