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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. Law that deals with harm to a person or a person's property.
Tort law
Property law
Pocket part
Practice of law
2. Evidence that is derived from an illegal search or interrogation is inadmissible.
Request for admissions
Fruit of the poisonous tree doctrine
Ethical wall or screen or cone of silence
Internet
3. 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.
Persuasive authority
Overrule
Full-text database
Majority opinion
4. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Nolo contendere
Attorney-client privilege
Shepardizing
Property law
5. In a case brief - facts that deal with what happened to the parties before the litigation began.
Substantive facts
Direct examination
Minimum contacts
Equity
6. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Rules of criminal procedure
Punitive damages
Hourly rate
Mandatory authority
7. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Cause of action
Miranda warnings
Client trust account
8. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Hourly rate
Principle
Cross-examination
9. An opinion in which a majority of the court joins.
Majority opinion
Affirmative defense
Writ of habeas corpus
Products liability
10. Occurs when the police restrain a person's freedom and charge the person with a crime.
Limited liability partnership (LLP)
Trial courts
Peremptory challenge
Arrest
11. The failure of an attorney to act reasonably.
Harmless error
En banc
Legal malpractice
Judicial notice
12. The rule that in order to claim self-defense there must have been no possibility of retreat.
Real property
Retreat exception
Westlaw
Persuasive authority
13. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Official reporter
Direct evidence
Nolo contendere
Pleadings
14. Someone who has the power to act in the place of another.
Recidivist
Westlaw
Agent
Lay a foundation
15. The opinion of a jury on a question of fact.
Exclusive jurisdiction
Verdict
Procedural facts
Constitutional law
16. A warrant that allows the police to enter without announcing their presence in advance.
General jurisdiction
Plaintiff
Class action suit
No-knock warrant
17. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Real property
Arrest
Deductive reasoning
Consideration
18. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Major premise
Defendant
Verification
Broad holding
19. The status of having received a certificate documenting that the person has successfully completed an educational program.
Exclusionary rule
Certificated
Alternative dispute resolution (ADR)
Court of record
20. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Substantial capacity test
Default judgment
International Paralegal Management Association (IPMA) www.paralegal management.org
Necessity
21. Bad intent.
Mens rea
Motion to require a finding of not guilty
Unauthorized practice of law
Notice pleading
22. A calendering system that records key dates and important deadlines.
Deposition
Tickler System
Eminent Domain
Reverse
23. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Laws
Documentary evidence
Regulation
24. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Reverse
Clear and convincing
Legislative history
Arrest
25. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Entrapment
General jurisdiction
Personal property
Active Listening
26. A computerized database that contains key information about the content of documents - such as medical records.
Retainer
Recidivist
Notice pleading
Structured database
27. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Pretrial motion
Rule
Probable cause
Equity
28. Law dealing with ownership.
Property law
Easement
Codification
Derogation of the common law
29. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Affirmative defense
Unofficial reporter
Mistrial
Hypertext links
30. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Judicial notice
Jurisdiction
Easement
Issue
31. To perform.
Execute
Reverse
Pinpoint cite
Bill of Rights
32. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Subpoena
Professional judgment
Assumption of the risk
Judicial notice
33. 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.
Real or physical evidence
Substantial capacity test
Reverse
Certified
34. A defense whereby the defendant offers new evidence to avoid judgment.
Concluding paragraph
Motion to suppress
Affirmative defense
Nolo contendere
35. A suspicion based on specific facts; less than probable cause.
Charging the jury
Pinpoint cite
Reasonable suspicion
Shepardizing
36. Including more than one count in a complaint; the counts do not need to be consistent.
False imprisonment
Lay advocate
Pleading in the alternative
Interrogatories
37. Law that deals with harm to an individual.
Writ of habeas corpus
Grand jury
Civil law
Persuasive authority
38. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federalism
Trial courts
Clear and convincing
Bench trial
39. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Dismissal with prejudice
Prior case history
Voir dire
American Association for Paralegal Education (AAfPE) www.aafpe.org
40. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Alternative dispute resolution (ADR)
Registration
Personal property
41. When more than one court has jurisdiction to hear a case.
Unofficial reporter
Concurrent jurisdiction
Holding
Execute
42. A witness who has not been shown to have any special expertise.
Jurisdiction
Property
Notice
Lay witness
43. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Tort law
Active Listening
Concurrent conflict of interest
Alternative dispute resolution (ADR)
44. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Punitive damages
Subject matter jurisdiction
Real property
Minimum contacts
45. When an appellate court sends a case back to the trial court for a new trial or other action.
Deposition
Directed verdict
Remand
Rule
46. A right to use property owned by another for a limited purpose.
Easement
Deposition
Judicial activism
Liberal construction
47. Indirect evidence - used to prove facts by implication.
Freelance Paralegal
Pattern jury instructions
Actus rea
Circumstantial evidence
48. A court's prior permission for the police to search and seize.
Warrant
Transition
U.S. Supreme Court
Hypertext links
49. A token sum awarded when liability has been found but monetary damages cannot be shown.
Nominal damages
Harmless error
Guardian
Compensatory damages
50. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Transition
Lay witness
Competency
Court of record