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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 summary of a court opinion that appears at the beginning of the case.
Judgment notwithstanding the verdict (judgment N.O.V.)
Intentional tort
Appellee or respondent
Syllabus
2. The chronological publication of statutes at the end of a legislative session.
Statutes at large or session laws
Limited liability partnership (LLP)
Exhaustion of administrative remedies
Judicial restraint
3. A special type of joint tenancy applicable only to married couples.
Official reporter
Remedial statute
Dissenting opinion
Tenancy by the entirety
4. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Full-text database
Deductive reasoning
Legal clinic
Judicial notice
5. A form in which statutes are published; they are printed individually at the time they are first enacted.
Grand jury
Slip laws
Overbreadth
Affirm
6. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Appellee or respondent
Suspension
Lay a foundation
7. A defense whereby the defendant offers new evidence to avoid judgment.
Legal Reasoning
Direct evidence
Minor premise
Affirmative defense
8. Law that deals with harm to society as a whole.
Criminal law
Concurring opinion
Pattern jury instructions
Hearsay
9. The party in a case who has initiated an appeal.
Appellate or petitioner
Active Listening
Inculpatory evidence
Broad holding
10. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Leading question
Proximate cause
Plain meaning
Registration
11. A trial court error that is not sufficient to warrant reversing the decision.
Assumption of the risk
Harmless error
Reprimand or censure
Billable hours
12. 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
Res ipsa loquitur
Best evidence rule
Successive conflict of interest
13. When an appellate court overturns or negates the decision of a lower court.
Booking
Reverse
Bench trial
Administrative law
14. 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.
Prima facie case
Plain view doctrine
Lay witness
Strict liability
15. A grand jury's written accusation that a given individual has committed a crime.
Exculpatory clause
Indictment
Products liability
Holding
16. The power of a court to hear a particular type of case.
Limited jurisdiction
Subject matter jurisdiction
Court of record
Closed Questions
17. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Personal property
Persuasive authority
Products liability
18. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Direct examination
Circumstantial evidence
Bail
Entrapment
19. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Jurisdiction
Model Rules of Professional Conduct
Issue
Double jeopardy
20. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Affirm
Documentary evidence
Adverse possession
Search engine
21. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Bench trial
Battered woman's or spouse's syndrome
Entrapment
Miranda warnings
22. 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.
Rules of criminal procedure
Appellee or respondent
Negligence
Procedural facts
23. Law that deals with harm to an individual.
Recidivist
Civil law
Exclusive jurisdiction
Writ of certiorari
24. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Retainer
Official reporter
Active Listening
Tort law
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.
Contract
Restatement of the Law of Torts - Second
Subject matter jurisdiction
Pleading in the alternative
26. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Motion to suppress
Notice pleading
Entrapment
Constructive eviction
27. The pleading that begins a lawsuit.
Remand
En banc
Battery
Complaint
28. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Class action suit
Comparative negligence
Case reporters
Client trust account
29. A national paralegal association.
Void for vagueness
National Association of Legal Assistants (NALA) www.nala.org
Certificated
Contract
30. 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.
Motion for a new trial
Questions of law
Subsequent case history
Prior case history
31. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Property law
Open Questions
Exhaustion of administrative remedies
Common law
32. The rules whereby all members of a law firm are treated as though they had represented the former client.
Minimum contacts
Appellee or respondent
Vicarious representation
Reasonable suspicion
33. The opinion of a jury on a question of fact.
Recklessness
Holding
Verdict
Property
34. A judicial philosophy that supports an active role for the judiciary in changing the law.
Diversity jurisdiction
Hourly rate
Judicial activism
Plain view doctrine
35. A request made to the court.
Notice
Plain meaning
Motion
Dictum
36. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Cause of action
Property law
Subsequent case history
Shepardizing
37. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Successive conflict of interest
Irresistible impulse test
Contract
38. A statement in a judicial opinion not necessary for the decision of the case.
Analogous cases
Dictum
Codification
Power of judicial review
39. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
Leading question
Quiet enjoyment
Bill of Rights
40. A national organization of paralegal programs that promotes high standards for paralegal education.
Conflict of interest
Lexis
American Association for Paralegal Education (AAfPE) www.aafpe.org
Concurrent conflict of interest
41. 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.
Secondary authority
Clear and convincing
Corroborative evidence
Booking
42. Used to describe legislation that changes the common law.
Diversity jurisdiction
Relevancy
Derogation of the common law
Probable cause
43. The publication of false statements that harm a person's reputation.
Motion in limine
Fact
Issue
Defamation
44. A warrant that allows the police to enter without announcing their presence in advance.
Negligence
Removal
Affirm
No-knock warrant
45. The division of governmental power among the legislative - executive - and judicial branches.
Certificated
Arraignment
Product misuse
Separation of powers
46. Without the need for a warrant - the police may seize objects that are openly visible.
Rule
Code
Plain view doctrine
Original jurisdiction
47. A bank account used to hold money belonging to the client or to a third party.
Clear and convincing
Appellate courts
Client trust account
Black-letter law
48. Questions relating to what happened: who - what - when - where - and how.
U.S. district courts
Minimum contacts
Questions of fact
Professional Corporation (PC)
49. Establishes a direct link to the event that must be proven.
Concluding paragraph
Tort law
Structured database
Direct evidence
50. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Black-letter law
Transition
Injunction
Verification