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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. A suspicion based on specific facts; less than probable cause.
General jurisdiction
Reasonable suspicion
Bill of Rights
Personal jurisdiction
2. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Legal clinic
Proximate cause
Lay a foundation
Practice of law
3. A witness who has not been shown to have any special expertise.
Intellectual Property
U.S. Supreme Court
Lay witness
Reversible error
4. 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.
Arrest
Paralegal
Writ of habeas corpus
Mediation
5. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Preponderance of the evidence
Summary jury trials
Proving a case within a case
Concurrent conflict of interest
6. The process of organizing statutes by subject matter.
Battered woman's or spouse's syndrome
Codification
Certified
Res ipsa loquitur
7. A person who permits or directs another person to act on the principal's behalf.
Interrogatories
Principle
Void for vagueness
Ejusdem generis
8. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Competency
Fruit of the poisonous tree doctrine
Federal question jurisdiction
International Paralegal Management Association (IPMA) www.paralegal management.org
9. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Dissenting opinion
Personal property
Mistrial
Motion to suppress
10. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Bail
Judicial restraint
Class action suit
Citation
11. The rules whereby all members of a law firm are treated as though they had represented the former client.
Answer
Statute in derogation of the common law
Pinpoint cite
Vicarious representation
12. The party in a case who has initiated an appeal.
Appellate or petitioner
On all fours
Materiality
per curium
13. Monetary compensation - including compensatory - punitive - and nominal damages.
Count
Damages
Tenancy in common
Hypertext links
14. The power of government to take private property for public purposes.
Fixed Fee
Eminent Domain
Contingency fee
Judicial restraint
15. A worldwide network of computer networks.
Expert witness
Actual cause
Legal writing
Internet
16. An actual incident or condition; not a legal consequence.
Freelance Paralegal
Pretrial conference
Fact
Stop and frisk
17. The failure to act reasonably under the circumstances.
Negligence
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Legal technician
12(b)(6) motion
18. Questions that suggest the answer.
Motion in limine
Leading questions
Booking
Derogation of the common law
19. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Answer
Fruit of the poisonous tree doctrine
Landmark decision
Freelance Paralegal
20. An advance or down payment that is given to engage the services of an attorney.
Unauthorized practice of law
Subject matter jurisdiction
Professional judgment
Retainer
21. Any tangible object - like a bloody glove.
Real or physical evidence
Removal
Affirm
Court of record
22. 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.
Bail
Legal services offices
Judicial activism
Product misuse
23. The educated ability to apply law to specific facts.
Negligence per se
Appellate courts
Rule 56 motion (summary judgment motion)
Professional judgment
24. Bad intent.
Mens rea
Power of judicial review
Harmless error
Answer
25. The papers that begin a lawsuit-generally - the complaint and the answer.
Broad holding
Pleadings
Issue
Materiality
26. The justified use of force to protect oneself or others.
Battered woman's or spouse's syndrome
Tort law
Derogation of the common law
Self-defense
27. A determination that an attorney may not practice law for a set period of time.
Rule
Legal Research
Suspension
Certified
28. A court's power to hear only specialized cases.
Limited jurisdiction
Property law
Jurisdiction
Res ipsa loquitur
29. Specific questions that usually demand very short or yes-no answers.
Laws
Contingency fee
Closed Questions
Broad holding
30. Courts that determine whether lower courts have made errors of law.
Constructive
Discovery
Appellate courts
Voir dire
31. All property that is not real property.
Equity
Potential conflict
Personal property
Affirmative defense
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.
Substantial capacity test
Reversible error
Cross-examination
Code of Federal Regulations (C.F.R.)
33. A document that lists statements regarding specific items for the other party to admit or deny.
Removal
Codification of the common law
Request for admissions
Shepardizing
34. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Exclusive jurisdiction
Slip laws
Potential conflict
Legal writing
35. Proof that the evidence is what it is said to be.
Authentication
Substantive facts
Case reporters
Questions of law
36. Rules of conduct promulgated and enforced by the government.
Property law
Challenge for cause
Laws
Real or physical evidence
37. The new legal principle established by a court opinion.
Pattern jury instructions
Holding
Full-text searches
Joint tenancy
38. When more than one court has jurisdiction to hear a case.
Writ of certiorari
Motion to require a finding of not guilty
Reverse
Concurrent jurisdiction
39. 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.
Irresistible impulse test
Punitive damages
Implied warranty of habitability
Closed Questions
40. The publication of false statements that harm a person's reputation.
Internet
Minimum contacts
Defamation
Actual cause
41. 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
Mediation
Concurrent conflict of interest
Questions of fact
42. The chronological publication of statutes at the end of a legislative session.
Statutes at large or session laws
Pretrial conference
Concluding paragraph
American Association for Paralegal Education (AAfPE) www.aafpe.org
43. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Broad holding
Lexis
Guardian
Jurisdiction
44. A canon of construction meaning 'of the same class.:
Request for admissions
Ejusdem generis
Administrative law
Confidentiality
45. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Challenge for cause
Deposition
Major premise
Search engine
46. A trial court error that is not sufficient to warrant reversing the decision.
Attorney-client privilege
Harmless error
Vicarious representation
Agent
47. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Legislative history
Loislaw
Judgment proof
48. The reference to a particular page within an opinion.
Pinpoint cite
Syllabus
Preponderance of the evidence
No-knock warrant
49. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Battery
Federal question jurisdiction
Hearsay
50. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Legislative history
Implied warranty of habitability
Entrapment
12(b)(6) motion