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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. Representing someone who is in a position adverse to a prior client.
En banc
Evidence
Successive conflict of interest
Service
2. A right to use property owned by another for a limited purpose.
Proving a case within a case
Stare decisis
Easement
Pretrial conference
3. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Booking
per curium
Client trust account
Reverse
4. Information about the law - such as that contained in encyclopedias and law review articles.
Fruit of the poisonous tree doctrine
Double jeopardy
Reverse
Secondary authority
5. Violation of a statute as proof of negligence
Trial courts
Code of Federal Regulations (C.F.R.)
Negligence per se
Liberal construction
6. An agreement supported by consideration.
Battered woman's or spouse's syndrome
Contract
Punitive damages
Writ of habeas corpus
7. Bad intent.
Citation
Substantive law
En banc
Mens rea
8. A provision in a deed that prohibits specified uses of the property.
Legal malpractice
Civil law
Hypertext links
Restrictive covenant
9. A court order authorizing a sheriff to take property in order to enforce a judgment.
U.S. district courts
Loislaw
Paralegal
Writ of execution
10. A summary of a court opinion that appears at the beginning of the case.
Authentication
Tenancy in common
Syllabus
Mistrial
11. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Annotated statutes
Pattern jury instructions
Tenancy in common
12. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Personal jurisdiction
Treatment
Prior case history
Mens rea
13. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Personal property
Legislative intent
Necessity
Prior case history
14. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Rules of criminal procedure
Limited liability partnership (LLP)
Notice pleading
Statute of limitations
15. 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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16. A special type of joint tenancy applicable only to married couples.
Self-defense
Tenancy by the entirety
Potential conflict
Holding
17. '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.
Bailment
Exculpatory evidence
Issue
Res ipsa loquitur
18. The failure to act reasonably under the circumstances.
Subsequent case history
Circumstantial evidence
Negligence
Strict liability
19. All property that is not real property.
Client trust account
Personal property
Intellectual Property
Holding
20. Rules of conduct promulgated and enforced by the government.
Leading question
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Laws
Tickler System
21. A set charge for a specific service - such as drafting a simple will.
Comparative negligence
Reverse
Fixed Fee
Client trust account
22. A court order requiring a person to appear to testify at a trial or deposition.
Questions of law
No-knock warrant
Subpoena
Pleading in the alternative
23. A national association of paralegal managers.
Prior case history
International Paralegal Management Association (IPMA) www.paralegal management.org
Judicial activism
Appellate or petitioner
24. An advance or down payment that is given to engage the services of an attorney.
Rules of evidence
Retainer
Appellee or respondent
Code
25. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Punitive damages
Cross-examination
Service
Case citation
26. A reason for invalidating a statute where it covers both protected and criminal activity.
Exculpatory clause
Overbreadth
Issue
American Association for Paralegal Education (AAfPE) www.aafpe.org
27. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Motion to suppress
Jurisdiction
Injunction
False imprisonment
28. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Irresistible impulse test
Testimonial evidence
Circumstantial evidence
Motion for a new trial
29. A set of standardized jury instructions.
Pattern jury instructions
Minor premise
Joint tenancy
Model Rules of Professional Conduct
30. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Tenancy in common
Full-text database
Preemption
Criminal law
31. 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
Concurring opinion
Statute in derogation of the common law
Jurisdiction
32. The questioning of an opposing witness.
Procedural facts
Professional judgment
Judgment proof
Cross-examination
33. The transfer of a case from one state court to a federal court.
Removal
Federalism
Strict construction
12(b)(6) motion
34. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Billable hours
Invasion of Privacy
Certified
35. A statute establishing and setting out the powers of an administrative agency.
National Association of Legal Assistants (NALA) www.nala.org
Enabling act
Proving a case within a case
Subject matter jurisdiction
36. Money is awarded to a plaintiff in payment for his or her actual losses.
Major premise
Legal writing
Compensatory damages
Active Listening
37. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Legal malpractice
Materiality
Concurring opinion
Property
38. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Bailment
Preponderance of the evidence
Original jurisdiction
Proving a case within a case
39. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Cross-claim
Legal technician
Writ of execution
Treatment
40. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Indictment
Concurring opinion
Full-text searches
41. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Personal property
Subpoena duces tecum
Suspension
Laws
42. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Subpoena duces tecum
Rules of evidence
Counterclaim
Lay advocate
43. When more than one court has jurisdiction to hear a case.
Procedural facts
Legal malpractice
Concurrent jurisdiction
Property
44. A fee calculated as a percentage of the settlement or award in the case.
Exigent circumstances
Contingency Fee
Jurisdiction
Interrogatories
45. The modern pretrial procedure by which one party gains information from the adverse party.
Exculpatory clause
Substantial capacity test
Discovery
Legal clinic
46. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Answer
Transition
Expert witness
Exculpatory clause
47. 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
Administrative law
Professional judgment
Equity
Model Rules of Professional Conduct
48. The new legal principle established by a court opinion.
Holding
Constructive
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Unauthorized practice of law
49. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Plaintiff
Partnership
Appellate courts
Legal Reasoning
50. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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