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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. To perform.
No-knock warrant
Execute
Subpoena duces tecum
General jurisdiction
2. 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.
Cross-claim
Appellate brief
Guardian
Affirmative defense
3. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Statute of limitations
Removal
Appellate or petitioner
Contingency Fee
4. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Full-text database
Probable cause
Constructive eviction
5. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Direct evidence
Quiet enjoyment
Open Questions
Majority opinion
6. A person who initiates an appeal.
Judgment
Caption
Laws
Appellant or petitioner
7. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Contributory negligence
Counterclaim
Rule 56 motion (summary judgment motion)
Relevancy
8. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
Statute
Subject matter jurisdiction
Case citation
9. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Treatment
Persuasive authority
Statutes of limitations
On all fours
10. Disregarding a substantial and unjustifiable risk that harm will result.
Direct examination
Citing case
Successive conflict of interest
Recklessness
11. A compilation of federal administrative regulations arranged by agency.
Summary jury trials
Judgment proof
Code of Federal Regulations (C.F.R.)
Mandatory authority
12. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Nominal damages
Duress
Bill of Rights
Doctrine of implied powers
13. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Closed Questions
Freelance Paralegal
Potential conflict
Negligence per se
14. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Issue
Codification of the common law
Cumulative evidence
15. An agreement supported by consideration.
Judgment
Statute of limitations
Contract
Hourly rate
16. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Punitive damages
Statutes at large or session laws
Overrule
Competency
17. Law that deals with harm to society as a whole.
Criminal law
Case reporters
Damages
Holding
18. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Reverse
Removal
Affirm
Mediation
19. Courts that determine whether lower courts have made errors of law.
Dismissal with prejudice
Reasonable suspicion
Legal writing
Appellate courts
20. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Summary jury trials
Personal property
Subsequent case history
Property law
21. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Expert witness
Compensatory damages
Adverse possession
American Association for Paralegal Education (AAfPE) www.aafpe.org
22. An opinion that agrees with the majority's result but disagrees with its reasoning.
Entrapment
Statute of limitations
Concurring opinion
U.S. Court of Appeals
23. A right to use property owned by another for a limited purpose.
Rules of criminal procedure
Contract
Overrule
Easement
24. Courts that determine the facts and apply the law to the facts.
Concurring opinion
Legal technician
Distinguishable cases
Trial courts
25. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Appellate courts
Motion
Actual cause
26. A request that the court release the defendant because of the illegality of the incarceration.
Class action suit
Headnote
Procedural law
Writ of habeas corpus
27. The educated ability to apply law to specific facts.
Professional judgment
Notice pleading
Duress
On all fours
28. The power of a court to force a person to appear before it.
Personal jurisdiction
Best evidence rule
Nominal damages
Retreat exception
29. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Real Property
Exclusionary rule
Answer
Limited jurisdiction
30. In a complaint - one cause of action.
Count
Directed verdict
Ethical wall or screen or cone of silence
Internet
31. Law that creates rights and duties.
Substantive law
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Road Map paragraph
Concluding paragraph
32. A reason for invalidating a statute where it covers both protected and criminal activity.
Reversible error
Overbreadth
Verdict
Clear and convincing
33. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Deductive reasoning
Duress
Strict liability
Reversible error
34. A defense whereby the defendant offers new evidence to avoid judgment.
Full-text searches
Affirmative defense
Pleadings
Substantive facts
35. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Shepardizing
Contract
Judgment
36. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Valid
Interrogatories
Procedural law
Appellate or petitioner
37. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Practice of law
Class action suit
Beyond a reasonable doubt
Contract
38. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Pretrial conference
Implied warranty of habitability
Original jurisdiction
Fruit of the poisonous tree doctrine
39. The law itself - such as statutes and court opinions.
Successive conflict of interest
Real property
Primary authority
Potential conflict
40. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Reverse
Pleadings
Regulation
41. 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.
Mediation
Remand
Restatement of the Law of Torts - Second
Appellate brief
42. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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43. When the defendant does not have sufficient money or other assets to pay the judgment.
Enabling act
Judgment proof
Appellee or respondent
Separation of powers
44. Representing someone who is in a position adverse to a prior client.
Pinpoint cite
Registration
Successive conflict of interest
Alternative dispute resolution (ADR)
45. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Legal Reasoning
Tickler System
Entrapment
False imprisonment
46. The power of the federal courts to hear matters of federal law.
Legal Reasoning
Judgment notwithstanding the verdict (judgment N.O.V.)
Federal question jurisdiction
U.S. district courts
47. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Pleading in the alternative
Stare decisis
Ejusdem generis
Questions of law
48. When an appellate court sends a case back to the trial court for a new trial or other action.
Successive conflict of interest
Preemption
Reversible error
Remand
49. A meeting of the attorneys and the judge prior to the beginning of the trial.
Pattern jury instructions
Distinguishable cases
Pretrial conference
Citing case
50. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Stare decisis
Negligence
Personal property
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