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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. The educated ability to apply law to specific facts.
Motion
General jurisdiction
Strict construction
Professional judgment
2. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Restatement of the Law of Torts - Second
Pleadings
Easement
3. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Adverse possession
Joint tenancy
Exculpatory evidence
Common law
4. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Confidentiality
Default judgment
Constructive eviction
Active Listening
5. Proof that the evidence is what it is said to be.
Authentication
Unofficial reporter
Liberal construction
Internet
6. 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.
Overbreadth
Federalism
Disposition
Structured database
7. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Reverse
Verification
Negligence per se
Code
8. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Damages
Fruit of the poisonous tree doctrine
Tickler System
9. A worldwide network of computer networks.
Statutes of limitations
Remand
Property
Internet
10. A national organization of paralegal programs that promotes high standards for paralegal education.
Pleading in the alternative
Affirm
Administrative law
American Association for Paralegal Education (AAfPE) www.aafpe.org
11. The intermediate appellate courts in the federal system.
Appellant or petitioner
Motion
Annotated statutes
U.S. Court of Appeals
12. Cases that involve different facts and/or rules of law.
Laws
Res ipsa loquitur
Distinguishable cases
Insanity defense
13. When a higher court agrees with what lower court has done.
Property
Affirm
Contributory negligence
Remedial statute
14. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Loislaw
Valid
Legal services offices
Entrapment
15. 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
Easement
Lay advocate
Counterclaim
16. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Affirmative defense
Class action suit
Removal
Execute
17. 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.
Personal jurisdiction
Certified
Evidence
Appellant or petitioner
18. 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.
Duress
Federalism
Valid
Miranda warnings
19. 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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20. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Statutes at large or session laws
Default judgment
Diversity jurisdiction
Verdict
21. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Battered woman's or spouse's syndrome
Remedial statute
Conflict of interest
Questions of law
22. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Removal
Arraignment
Statutory element
Injunction
23. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Judicial activism
Mens rea
Professional Corporation (PC)
Contributory negligence
24. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Legislative intent
Leading question
Rules of criminal procedure
Relevancy
25. A reason for invalidating a statute where it covers both protected and criminal activity.
Exclusionary rule
Overbreadth
per curium
Clear and convincing
26. Used to describe legislation that changes the common law.
Statutes of limitations
Caption
Plain meaning
Derogation of the common law
27. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Concurrent jurisdiction
Arbitration
Legal services offices
Exclusive jurisdiction
28. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Paralegal
Black-letter law
Liberal construction
Remand
29. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Intellectual Property
Real Property
Leading question
Product misuse
30. A court's power to hear only specialized cases.
Preponderance of the evidence
Limited jurisdiction
Deposition
American Bar Association (ABA) www.abanet.org
31. 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.
Insanity defense
Legislative history
Search engine
Voir dire
32. Representing someone who is in a position adverse to a prior client.
Headnote
Jurisdiction
Constructive eviction
Successive conflict of interest
33. A canon of construction meaning 'of the same class.:
Ejusdem generis
Reverse
Property
Contingency fee
34. The application of legal rules to a client's specific factual situation; also known as legal analysis.
On point
Legal Reasoning
Procedural law
Exculpatory evidence
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.
Summary jury trials
Prima facie case
Exclusive jurisdiction
Affirmative defense
36. Evidence that does not add any new information but that confirms facts that already have been established.
Complaint
Cumulative evidence
Legal Research
Summary jury trials
37. 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
American Association for Paralegal Education (AAfPE) www.aafpe.org
Pleading in the alternative
Strict liability
38. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Leading question
Partnership
Real Property
39. The reference to a particular page within an opinion.
Registration
Federal question jurisdiction
M'Naghten test
Pinpoint cite
40. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
On all fours
Digest
Double jeopardy
Preemption
41. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Pattern jury instructions
Overrule
Duress
42. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Reversible error
Appellee or respondent
Statute of limitations
43. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Personal recognizance bond
Verdict
Cross-claim
Adverse possession
44. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Cause of action
Constitutional law
Notice
Issue
45. A calendering system that records key dates and important deadlines.
Strict construction
Defendant
Tickler System
Plaintiff
46. 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.
Negligence
Dictum
Legislative history
Adverse possession
47. The party in a lawsuit against whom an appeal has been filed.
Shepardizing
Appellee or respondent
Clear and convincing
Arbitration
48. A provision that purports to waive liability.
Actual cause
Exculpatory clause
Mens rea
On point
49. An approach whereby the courts give a statute a narrow interpretation.
Remedial statute
Strict construction
Best evidence rule
Issue
50. Bad act.
Consideration
Actus rea
Request for admissions
Code