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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. All property that is not real property.
Quiet enjoyment
Constitutional law
Personal property
Motion to suppress
2. 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.
Narrow Holding
Deponent
Paralegal
Criminal law
3. Courts that determine whether lower courts have made errors of law.
Direct evidence
Appellate courts
Rule
Personal jurisdiction
4. A national paralegal association.
Remand
Affirm
National Association of Legal Assistants (NALA) www.nala.org
Deposition
5. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Attorney-client privilege
Appellate courts
Reversible error
Pretrial motion
6. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Standing
Statutes of limitations
Invasion of Privacy
Official reporter
7. The process of organizing statutes by subject matter.
Questions of fact
Popular name table
Double jeopardy
Codification
8. A tort committed by one who intends to do the act that creates the harm.
Affirmative defense
Motion to suppress
Road Map paragraph
Intentional tort
9. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Tenancy by the entirety
Principle
Defendant
Federalism
10. Law that deals with harm to society as a whole.
Plain meaning
Summons
Disposition
Criminal law
11. 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.
Retreat exception
Power of judicial review
Procedural facts
Negligence per se
12. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Deposition
Doctrine of implied powers
Conflict of interest
Alternative dispute resolution (ADR)
13. Information about the law - such as that contained in encyclopedias and law review articles.
Insanity defense
Holding
Restrictive covenant
Secondary authority
14. A grand jury's written accusation that a given individual has committed a crime.
Appellate brief
Statute of limitations
Testimonial evidence
Indictment
15. The result reached in a particular case.
Hypertext links
Codification of the common law
Restatement of the Law of Torts - Second
Disposition
16. 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
Statutes at large or session laws
Products liability
Stare decisis
Minimum contacts
17. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
National Association of Legal Assistants (NALA) www.nala.org
Strict liability
Necessity
Miranda warnings
18. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
M'Naghten test
Relevancy
Judicial review
Property
19. 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.
American Bar Association (ABA) www.abanet.org
Contract
Stare decisis
Substantial capacity test
20. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Headnote
Grand jury
Battered woman's or spouse's syndrome
21. 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.
Concurring opinion
Leading questions
Remedial statute
Adverse possession
22. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Recklessness
Overrule
Headnote
23. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Conflict of interest
Default judgment
Appellant or petitioner
Actual cause
24. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Prior case history
Preemption
Substantive law
Jurisdiction
25. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Reverse
Grand jury
Loislaw
Inculpatory evidence
26. A statute that changes the common law.
Verification
Charging the jury
Statute in derogation of the common law
Successive conflict of interest
27. A term used to describe two cases that are almost identical - with similar facts and legal issues.
On all fours
Jurisdiction
Landmark decision
Judgment notwithstanding the verdict (judgment N.O.V.)
28. 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.
Statute of limitations
Defamation
Ejusdem generis
Double jeopardy
29. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Plain meaning
Corroborative evidence
Deponent
Original jurisdiction
30. A business run by two or more persons as co-owners.
Affirmative defense
Questions of fact
Civil law
Partnership
31. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
On all fours
Civil law
Deductive reasoning
Direct evidence
32. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Implied warranty of habitability
Questions of law
M'Naghten test
Certificated
33. The power of a court to hear a particular type of case.
Affirmative defense
Plea bargaining
Subject matter jurisdiction
Bail
34. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Client trust account
Exhaustion of administrative remedies
Necessity
35. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Alternative dispute resolution (ADR)
Class action suit
Court of record
On point
36. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Full-text searches
Mistrial
Standing
Pretrial conference
37. 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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38. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
National Association of Legal Assistants (NALA) www.nala.org
Code
Slip laws
Affirmative defense
39. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Transition
Hourly rate
Guardian
12(b)(6) motion
40. A trial conducted without a jury.
Bench trial
Black-letter law
Affirm
Model Rules of Professional Conduct
41. A bank account used to hold money belonging to the client or to a third party.
Real Property
Client trust account
U.S. Court of Appeals
Appellate courts
42. Representing someone who is in a position adverse to a prior client.
Affirmative defense
Successive conflict of interest
Civil law
Alternative dispute resolution (ADR)
43. 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.
Injunction
Legal technician
Loislaw
Void for vagueness
44. Including more than one count in a complaint; the counts do not need to be consistent.
Interrogatories
Comparative negligence
Subpoena
Pleading in the alternative
45. A compilation of federal administrative regulations arranged by agency.
Mandatory authority
Property law
Code of Federal Regulations (C.F.R.)
Expert witness
46. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Lay witness
Quiet enjoyment
Contingency Fee
47. A person who permits or directs another person to act on the principal's behalf.
Dismissal with prejudice
Principle
Plain meaning
Pleading in the alternative
48. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Constructive
Affirm
Legal fiction
Arraignment
49. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Products liability
Valid
Hypertext links
Booking
50. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Lay advocate
Pretrial conference
Substantial capacity test
Loislaw
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