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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. A computerized database that contains the full text of documents - such as court opinions or depositions.
Open Questions
Full-text database
Original jurisdiction
Legal fiction
2. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Limited liability partnership (LLP)
Service
Nolo contendere
3. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Freelance Paralegal
Relevancy
Pretrial conference
Official reporter
4. A national association of paralegal managers.
Relevancy
Attorney-client privilege
International Paralegal Management Association (IPMA) www.paralegal management.org
Evidence
5. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Model Rules of Professional Conduct
Legal technician
Dismissal with prejudice
6. A request that the court order that certain information not be mentioned in the presence of the jury.
Jurisdiction
Leading questions
Issue
Motion in limine
7. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Fact
Active Listening
Judgment
Deductive reasoning
8. Establishes a direct link to the event that must be proven.
Best evidence rule
Direct evidence
Disbarment
Punitive damages
9. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Court of record
Power of judicial review
Issue of first impression
Dictum
10. 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
Trial courts
Stare decisis
Ethical wall or screen or cone of silence
Rule 56 motion (summary judgment motion)
11. A suspicion based on specific facts; less than probable cause.
Suspension
Reasonable suspicion
Pleading in the alternative
Legislative intent
12. Federal and state rules that regulate how criminal proceedings are conducted.
Dissenting opinion
Double jeopardy
Rules of criminal procedure
Judicial restraint
13. A court's power to hear only specialized cases.
Double jeopardy
Limited jurisdiction
Fixed Fee
Cause of action
14. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
12(b)(6) motion
Certificated
Successive conflict of interest
Full-text searches
15. The opinion of a jury on a question of fact.
Motion
Verdict
Affirmative defense
Void for vagueness
16. Land and objects permanently attached to land.
Probable cause
Proving a case within a case
Real property
Affirm
17. A reason for invalidating a statute where it covers both protected and criminal activity.
Motion for a new trial
Overbreadth
Judicial notice
Recidivist
18. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Analogous cases
Indictment
Cumulative evidence
19. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Specific performance
Strict construction
Codification
20. In a case brief - the general legal principle in existence before the case began.
Rule
Codification
Arraignment
Preemption
21. A determination that an attorney may not practice law for a set period of time.
Certified
Indictment
Subsequent case history
Suspension
22. Proof that the evidence is what it is said to be.
Authentication
Hearsay
Strict liability
Affirmative defense
23. An intentional act that creates a harmful or offensive physical contact.
Battery
Judgment
On point
Comparative negligence
24. A statement in a judicial opinion not necessary for the decision of the case.
Annotated statutes
Dictum
Proximate cause
Irresistible impulse test
25. 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.
Preemption
Circumstantial evidence
Substantive law
Legal Reasoning
26. 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.
Road Map paragraph
Overbreadth
General jurisdiction
Shepardizing
27. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Notice
Model Rules of Professional Conduct
Punitive damages
Assault
28. A statute that changes the common law.
Best evidence rule
Appellee or respondent
Statute in derogation of the common law
Black-letter law
29. Voluntarily and knowingly subjecting oneself to danger.
Subpoena
Battery
Intellectual Property
Assumption of the risk
30. A requirement that a party fulfill his or her contractual obligations.
Bail
Standing
Specific performance
Doctrine of implied powers
31. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Legal Reasoning
Legislative intent
Negligence per se
Arbitration
32. 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.
Restatement of the Law of Torts - Second
Harmless error
Exculpatory clause
Personal jurisdiction
33. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
U.S. Court of Appeals
Judicial review
Invasion of Privacy
Summons
34. A provision that purports to waive liability.
Liberal construction
Substantial capacity test
Unauthorized practice of law
Exculpatory clause
35. The process of legislative enactment of areas of the law previously governed solely by the common law.
Federalism
Affirm
Codification of the common law
National Association of Legal Assistants (NALA) www.nala.org
36. Written questions sent by one side to the opposing side - answered under oath.
Double jeopardy
Fixed Fee
Interrogatories
Specific performance
37. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Answer
American Association for Paralegal Education (AAfPE) www.aafpe.org
Alternative dispute resolution (ADR)
Challenge for cause
38. A set charge for a specific service - such as drafting a simple will.
Challenge for cause
Fixed Fee
Inculpatory evidence
Slip laws
39. A bank account used to hold money belonging to the client or to a third party.
Pattern jury instructions
Shepardizing
Writ of certiorari
Client trust account
40. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Certified
U.S. Supreme Court
Caption
Mens rea
41. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Treatment
Verification
Lay advocate
Pretrial motion
42. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Statutes of limitations
False imprisonment
Canons of construction
Invasion of Privacy
43. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Substantial capacity test
Concurrent conflict of interest
Legal Reasoning
Service
44. A fee calculated as a percentage of the settlement or award in the case.
Expert witness
En banc
Road Map paragraph
Contingency Fee
45. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Dismissal with prejudice
Rule
Booking
Concurring opinion
46. 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.
Direct examination
Motion for a new trial
Substantial capacity test
Exclusionary rule
47. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Charging the jury
On all fours
Directed verdict
48. A court order authorizing a sheriff to take property in order to enforce a judgment.
On point
Reasonable suspicion
Writ of execution
Annotated statutes
49. Rules and regulations created by administrative agencies.
Administrative law
Overrule
Trial courts
Search engine
50. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Subpoena duces tecum
Void for vagueness
Affirm
Official reporter
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