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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. Also known as real estate; land and items growing on or permanently attached to that land.
Limited jurisdiction
Judicial activism
Real Property
Issue
2. Specific questions that usually demand very short or yes-no answers.
Dissenting opinion
Eminent Domain
Actus rea
Closed Questions
3. The pretrial oral questioning of a witness under oath.
Civil law
Popular name table
Deposition
Registration
4. The power of a court to hear a particular type of case.
Mens rea
Majority opinion
Summons
Subject matter jurisdiction
5. Without the need for a warrant - the police may seize objects that are openly visible.
Westlaw
Remand
Plain view doctrine
Evidence
6. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Conflict of interest
Intentional tort
Full-text searches
Writ of execution
7. Rules of conduct promulgated and enforced by the government.
Substantive law
Hypertext links
Laws
On all fours
8. A summary of a court opinion that appears at the beginning of the case.
Peremptory challenge
Syllabus
Appellate brief
Vicarious representation
9. Law that deals with harm to a person or a person's property.
Search engine
Personal property
Tort law
Broad holding
10. Books that contain appellate court decisions. There are both official and unofficial reporters.
Judicial review
Case reporters
Defendant
Personal property
11. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Legal clinic
Legal writing
Substantive facts
Confidentiality
12. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Standing
Reasonable suspicion
Power of judicial review
Landmark decision
13. A person who initiates a lawsuit.
Plaintiff
Appellant or petitioner
Defendant
Separation of powers
14. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Suspension
Concurrent jurisdiction
Code
Reverse
15. Evidence that supports previous testimony but that comes in a different form.
Notice pleading
Corroborative evidence
Concurrent conflict of interest
Administrative law
16. A witness who has not been shown to have any special expertise.
Citing case
Lay witness
Contingency Fee
Clearly erroneous
17. Information about the law - such as that contained in encyclopedias and law review articles.
Statute in derogation of the common law
Lay advocate
Judgment
Secondary authority
18. To perform.
Execute
Appellant or petitioner
Double jeopardy
Actual cause
19. An opinion that agrees with the majority's result but disagrees with the reasoning.
Lay witness
Primary authority
Major premise
Concurring opinion
20. 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.
Circumstantial evidence
Evidence
Contributory negligence
American Association for Paralegal Education (AAfPE) www.aafpe.org
21. A compilation of federal administrative regulations arranged by agency.
Code of Federal Regulations (C.F.R.)
per curium
Freelance Paralegal
Motion to suppress
22. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Loislaw
Defamation
Power of judicial review
Real Property
23. The power of a court to force a person to appear before it.
Code
Defendant
Disbarment
Personal jurisdiction
24. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Successive conflict of interest
Legal fiction
Assault
Cross-examination
25. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Summons
Real or physical evidence
Legal services offices
26. A requirement that a party fulfill his or her contractual obligations.
Freelance Paralegal
Inculpatory evidence
Registration
Specific performance
27. 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.
Case reporters
Strict liability
Legal clinic
Legal technician
28. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Unauthorized practice of law
Summons
Remand
Motion in limine
29. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Majority opinion
Personal jurisdiction
Search engine
30. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Federalism
Proving a case within a case
Unofficial reporter
Stare decisis
31. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Property
Invasion of Privacy
Headnote
Holding
32. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Indictment
Major premise
Comparative negligence
Procedural law
33. The rules whereby all members of a law firm are treated as though they had represented the former client.
Direct examination
Deductive reasoning
Substantial capacity test
Vicarious representation
34. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
Loislaw
Lay advocate
Count
35. A right to use property owned by another for a limited purpose.
Easement
Retainer
Jurisdiction
Eminent Domain
36. A tangible object or a right or ownership interest.
Property
Civil law
Analogous cases
Warrant
37. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Pattern jury instructions
Overrule
Rule 56 motion (summary judgment motion)
Appellant or petitioner
38. Representing someone who is in a position adverse to a prior client.
Tort law
Implied warranty of habitability
Successive conflict of interest
Injunction
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.
Implied warranty of habitability
Stare decisis
Lay advocate
American Bar Association (ABA) www.abanet.org
40. Liability without having to prove fault.
Grand jury
Negligence per se
Legal technician
Strict liability
41. A set of standardized jury instructions.
Affirm
M'Naghten test
Pattern jury instructions
Annotated statutes
42. The number of hours - or parts of an hour - that can be charged to a specific client.
Regulation
Black-letter law
Discovery
Billable hours
43. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Limited liability partnership (LLP)
Hearsay
Valid
Freelance Paralegal
44. A law promulgated by an administrative agency.
Guardian
Legal technician
Federal question jurisdiction
Regulation
45. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Bail
Legal technician
Restatement of the Law of Torts - Second
Appellate brief
46. An advance or down payment that is given to engage the services of an attorney.
Duress
Real Property
Cross-claim
Retainer
47. The reference to a particular page within an opinion.
Subpoena
Pinpoint cite
Real or physical evidence
Competency
48. The failure to act reasonably under the circumstances.
Reasonable suspicion
Power of judicial review
Closed Questions
Negligence
49. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Real Property
Retainer agreement
Tickler System
50. In a case brief - the general legal principle in existence before the case began.
Substantive facts
Adverse possession
Rule
Proving a case within a case