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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. Generally - an emergency situation that allows a search to proceed without a warrant.
Legal Research
Limited liability partnership (LLP)
Remand
Exigent circumstances
2. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Full-text database
Notice pleading
Removal
Black-letter law
3. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Defamation
Personal jurisdiction
Confidentiality
Statutes of limitations
4. A statute establishing and setting out the powers of an administrative agency.
Questions of fact
Enabling act
Professional judgment
Void for vagueness
5. Evidence that suggests the defendant's innocence.
Injunction
Motion for a new trial
Exculpatory evidence
Negligence per se
6. A canon of construction meaning 'of the same class.:
Citation
Ejusdem generis
Active Listening
Clearly erroneous
7. The reference to a particular page within an opinion.
Pinpoint cite
Mediation
Hearsay
Popular name table
8. Without the need for a warrant - the police may seize objects that are openly visible.
Plain view doctrine
Corroborative evidence
Mediation
Arraignment
9. The party in a case against whom an appeal has been filed.
Principle
Potential conflict
Appellee or respondent
Pretrial motion
10. The result reached in a particular case.
Retreat exception
Disposition
Punitive damages
Constructive
11. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Remedial statute
Writ of certiorari
Annotated statutes
Class action suit
12. A law enacted by a state legislature or by Congress.
Verification
Fixed Fee
American Association for Paralegal Education (AAfPE) www.aafpe.org
Statute
13. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Prima facie case
Pocket part
Verification
Procedural facts
14. A repeat offender; one who continues to commit more crimes.
Clearly erroneous
Substantive law
Rule 56 motion (summary judgment motion)
Recidivist
15. A court's prior permission for the police to search and seize.
Warrant
Substantive facts
Narrow Holding
Fruit of the poisonous tree doctrine
16. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
Reverse
Lexis
Equity
17. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Search engine
Evidence
Battered woman's or spouse's syndrome
18. Law that deals with harm to a person or a person's property.
Tort law
Legal writing
Legal malpractice
Lexis
19. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Overrule
Prima facie case
Appellee or respondent
20. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Class action suit
Statute
Stare decisis
Alternative dispute resolution (ADR)
21. All property that is not real property.
Distinguishable cases
Appellee or respondent
Holding
Personal property
22. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Search engine
Subpoena
Billable hours
23. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Contributory negligence
Treatment
Indictment
24. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Legal fiction
Void for vagueness
Enabling act
Circumstantial evidence
25. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Constitutional law
Evidence
Assault
Class action suit
26. In a complaint - one cause of action.
American Bar Association (ABA) www.abanet.org
Closed Questions
Count
Landmark decision
27. Used to describe legislation that changes the common law.
Derogation of the common law
Legal malpractice
Double jeopardy
Defamation
28. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Judicial restraint
Miranda warnings
National Federation of Paralegal Associations (NFPA) www.paralegals.org
29. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Retainer
Reverse
Restrictive covenant
Service
30. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Appellate brief
Bailment
Unofficial reporter
31. A method for excusing a prospective juror; no reason need be given.
Full-text database
Peremptory challenge
Punitive damages
Major premise
32. The new legal principle established by a court opinion.
Suspension
Holding
Actual cause
Judicial review
33. The justified use of force to protect oneself or others.
Minor premise
Authentication
Self-defense
Recidivist
34. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Pleading in the alternative
Partnership
Request for admissions
35. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Original jurisdiction
Potential conflict
Expert witness
36. Information that can be presented in a court of law as proof of some fact.
Plain meaning
Concurring opinion
Evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
37. 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.
Pleading in the alternative
Principle
Official reporter
Clear and convincing
38. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Restatement of the Law of Torts - Second
Closed Questions
Bail
Agent
39. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Evidence
Request for admissions
Mediation
Jurisdiction
40. Questions relating to the interpretation or application of the law.
Reverse
Writ of execution
Questions of law
Product misuse
41. The power of a court to force a person to appear before it.
Complaint
Quiet enjoyment
Digest
Personal jurisdiction
42. A tort committed by one who intends to do the act that creates the harm.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Legal clinic
Intentional tort
En banc
43. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Arraignment
Motion to require a finding of not guilty
Rules of criminal procedure
44. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Open Questions
Notice pleading
Best evidence rule
Citation
45. A requirement that a party fulfill his or her contractual obligations.
Deductive reasoning
Civil law
Specific performance
Best evidence rule
46. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Count
Double jeopardy
Remedial statute
Rules of evidence
47. The failure of an attorney to act reasonably.
Open Questions
Legal malpractice
Intellectual Property
Comparative negligence
48. A national organization of paralegal programs that promotes high standards for paralegal education.
Certificated
Constructive
American Association for Paralegal Education (AAfPE) www.aafpe.org
Derogation of the common law
49. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Exclusionary rule
Proving a case within a case
Prior case history
50. '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.
Summary jury trials
Res ipsa loquitur
Writ of habeas corpus
Ethical wall or screen or cone of silence