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Test your basic knowledge |
Paralegal 101
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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 document that lists statements regarding specific items for the other party to admit or deny.
Arrest
Guardian
Actus rea
Request for admissions
2. 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.
Unauthorized practice of law
Evidence
Loislaw
Constructive eviction
3. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Necessity
Contract
Respondeat superior
4. An opinion that agrees with the majority's result but disagrees with its reasoning.
Exhaustion of administrative remedies
Subsequent case history
Competency
Concurring opinion
5. A court order authorizing a sheriff to take property in order to enforce a judgment.
Real or physical evidence
Writ of execution
Standing
Property law
6. The transfer of a case from one state court to a federal court.
Removal
Leading question
Doctrine of implied powers
On point
7. The number of hours - or parts of an hour - that can be charged to a specific client.
Citation
Billable hours
Respondeat superior
Voir dire
8. A court opinion that establishes new law in an important area.
Hypertext links
Materiality
Landmark decision
Jurisdiction
9. Specific questions that usually demand very short or yes-no answers.
Exhaustion of administrative remedies
Lay a foundation
Closed Questions
U.S. district courts
10. Proof that the evidence is what it is said to be.
Plea bargaining
Reasonable suspicion
Charging the jury
Authentication
11. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Plain meaning
Execute
Case reporters
12. Law that deals with harm to an individual.
Adverse possession
Bail
Civil law
Official reporter
13. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Unauthorized practice of law
Paralegal
Strict liability
14. A worldwide network of computer networks.
Internet
Lay witness
Recidivist
Motion to require a finding of not guilty
15. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Motion
Assumption of the risk
Dismissal with prejudice
16. An opinion in which a majority of the court joins.
Civil law
Majority opinion
Concurring opinion
Personal recognizance bond
17. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Suspension
Citing case
Miranda warnings
18. The power of a court to hear a case.
Miranda warnings
Double jeopardy
Void for vagueness
Jurisdiction
19. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Concurring opinion
Registration
Cumulative evidence
20. Also known as real estate; land and items growing on or permanently attached to that land.
Entrapment
Fact
Mandatory authority
Real Property
21. 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
Disbarment
Statute in derogation of the common law
Appellee or respondent
22. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Rule 56 motion (summary judgment motion)
Dictum
Confidentiality
Remedial statute
23. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Canons of construction
Mandatory authority
Actus rea
Booking
24. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Cumulative evidence
Property
Client trust account
Verification
25. 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.
Notice
Syllabus
Restatement of the Law of Torts - Second
Pleadings
26. In a case brief - the rule of law applied to the case's specific facts.
Adverse possession
Constitutional law
Statute in derogation of the common law
Issue
27. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Vicarious representation
Successive conflict of interest
Subpoena duces tecum
28. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Annotated statutes
Dissenting opinion
Concurrent conflict of interest
Mandatory authority
29. General principles that guide the courts in their interpretation of statutes.
Deposition
Digest
Canons of construction
Joint tenancy
30. Cases that involve similar facts and rules of law.
Mediation
Analogous cases
Rule 56 motion (summary judgment motion)
International Paralegal Management Association (IPMA) www.paralegal management.org
31. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Joint tenancy
Comparative negligence
Injunction
Appellate or petitioner
32. Liability without a showing of fault.
Negligence
Concurring opinion
Paralegal
Strict liability
33. Representing someone who is in a position adverse to a prior client.
Loislaw
Rule 56 motion (summary judgment motion)
Successive conflict of interest
Legal clinic
34. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Reverse
Primary authority
Road Map paragraph
Affirmative defense
35. 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.
Disposition
Defendant
Prima facie case
Statute of limitations
36. Cases that involve different facts and/or rules of law.
Caption
Comparative negligence
Legal Reasoning
Distinguishable cases
37. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Persuasive authority
Probable cause
Legal Research
Standing
38. Evidence that does not add any new information but that confirms facts that already have been established.
Practice of law
Defendant
Cumulative evidence
Pocket part
39. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Diversity jurisdiction
Mediation
On all fours
Issue
40. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Subsequent case history
Persuasive authority
Compulsory joinder
Legal clinic
41. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Hypertext links
Comparative negligence
Personal recognizance bond
Exhaustion of administrative remedies
42. An agreement supported by consideration.
Minimum contacts
Joint tenancy
Service
Contract
43. Law that creates rights and duties.
Subpoena
American Bar Association (ABA) www.abanet.org
Personal property
Substantive law
44. A summary of one legal point in a court opinion; written by the editors at West.
Headnote
Personal property
U.S. Court of Appeals
Strict construction
45. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Materiality
Directed verdict
U.S. Supreme Court
Reprimand or censure
46. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Negligence
Reprimand or censure
Freelance Paralegal
Retainer
47. Used to describe legislation that changes the common law.
Legal fiction
Double jeopardy
Derogation of the common law
Pinpoint cite
48. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
Grand jury
Enabling act
Indictment
49. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Plaintiff
Appellee or respondent
Confidentiality
Paralegal
50. A provision that purports to waive liability.
Grand jury
Treatment
Exculpatory clause
Constructive eviction
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