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Test your basic knowledge |
Paralegal 101
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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. 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.
Entrapment
Prior case history
Billable hours
Double jeopardy
2. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Jurisdiction
Strict liability
Professional Corporation (PC)
Verification
3. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Overrule
Disbarment
Federal question jurisdiction
4. 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.
Arbitration
Interrogatories
Reverse
Statutes of limitations
5. Written questions sent by one side to the opposing side - answered under oath.
Strict liability
Canons of construction
Interrogatories
Substantive facts
6. A tort committed by one who intends to do the act that creates the harm.
Case citation
Personal jurisdiction
Intentional tort
Constitutional law
7. 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
Reverse
Subpoena
Common law
Stare decisis
8. 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.
Consideration
Concurrent jurisdiction
Actus rea
Evidence
9. Evidence that is derived from an illegal search or interrogation is inadmissible.
Directed verdict
Fruit of the poisonous tree doctrine
Circumstantial evidence
Canons of construction
10. A court order authorizing a sheriff to take property in order to enforce a judgment.
Strict construction
Code of Federal Regulations (C.F.R.)
Writ of execution
Plea bargaining
11. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Answer
Search engine
Issue
Fixed Fee
12. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Rule 56 motion (summary judgment motion)
Certified
Evidence
Personal recognizance bond
13. A person who initiates an appeal.
Testimonial evidence
Injunction
Appellant or petitioner
Entrapment
14. The number of hours - or parts of an hour - that can be charged to a specific client.
Dissenting opinion
Landmark decision
Billable hours
Enabling act
15. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Judicial restraint
Issue
American Association for Paralegal Education (AAfPE) www.aafpe.org
Remedial statute
16. The requirement that relief be sought from an administrative agency before proceeding to court.
Search engine
Exhaustion of administrative remedies
Open Questions
Comparative negligence
17. A business run by two or more persons as co-owners.
En banc
Partnership
Motion for a new trial
Distinguishable cases
18. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Leading question
Service
Warrant
Answer
19. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Judgment notwithstanding the verdict (judgment N.O.V.)
Legislative history
Summons
20. The division of governmental power among the legislative - executive - and judicial branches.
Preemption
Overrule
Freelance Paralegal
Separation of powers
21. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Harmless error
Minor premise
Assumption of the risk
Damages
22. A tangible object or a right or ownership interest.
Self-defense
Questions of fact
Court of record
Property
23. Proof that the evidence is what it is said to be.
Authentication
Code of Federal Regulations (C.F.R.)
Proving a case within a case
Statute in derogation of the common law
24. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Hearsay
Exclusionary rule
Issue
Necessity
25. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Consideration
Beyond a reasonable doubt
Deductive reasoning
Legal clinic
26. A person who permits or directs another person to act on the principal's behalf.
Rule 56 motion (summary judgment motion)
Principle
Open Questions
Successive conflict of interest
27. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Respondeat superior
Questions of law
Appellate courts
28. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Substantive facts
Verdict
Procedural facts
Contributory negligence
29. The purpose of the legislature at the time it enacted the statute.
Adverse possession
Substantive law
Legislative intent
Personal recognizance bond
30. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Specific performance
Appellant or petitioner
Writ of habeas corpus
31. An intentional act that creates a harmful or offensive physical contact.
Battery
International Paralegal Management Association (IPMA) www.paralegal management.org
En banc
Original jurisdiction
32. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Major premise
Directed verdict
Strict liability
Deductive reasoning
33. A trial conducted without a jury.
Codification of the common law
Self-defense
Bench trial
Property
34. The power of a court to force a person to appear before it.
Diversity jurisdiction
Personal jurisdiction
Property
Exculpatory evidence
35. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Lexis
Road Map paragraph
Reverse
Corroborative evidence
36. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Assault
Rules of criminal procedure
Closed Questions
Procedural facts
37. Consists of records - contracts - leases - wills - and other written instruments.
Registration
Documentary evidence
Procedural facts
Proving a case within a case
38. The process of organizing statutes by subject matter.
Codification
General jurisdiction
Exculpatory clause
Appellate or petitioner
39. The first ten amendments to the U.S. Constitution.
Overrule
Arrest
Harmless error
Bill of Rights
40. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Negligence per se
Civil law
Prior case history
41. Federal and state rules that regulate how criminal proceedings are conducted.
Third-party claim
Negligence
Leading questions
Rules of criminal procedure
42. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Westlaw
Compensatory damages
Answer
43. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Reverse
Eminent Domain
Substantive law
Code
44. A compilation of federal administrative regulations arranged by agency.
Stare decisis
Insanity defense
Code of Federal Regulations (C.F.R.)
Citing case
45. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Easement
Hypertext links
Citation
Doctrine of implied powers
46. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Model Rules of Professional Conduct
General jurisdiction
Judgment notwithstanding the verdict (judgment N.O.V.)
Product misuse
47. Law dealing with ownership.
Closed Questions
Pretrial conference
Property law
Restrictive covenant
48. Generally accepted legal principles.
Attorney-client privilege
Intellectual Property
Internet
Black-letter law
49. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Real or physical evidence
Search engine
Principle
Discovery
50. Law that regulates how the legal system operates.
Constructive
Legal services offices
Procedural law
Reprimand or censure
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