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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. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Federalism
Evidence
Personal jurisdiction
Doctrine of implied powers
2. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Clear and convincing
Plain view doctrine
Practice of law
Reverse
3. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Preemption
Res ipsa loquitur
Cause of action
4. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Real property
Procedural facts
Intellectual Property
Bailment
5. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Popular name table
Loislaw
Confidentiality
6. The process of legislative enactment of areas of the law previously governed solely by the common law.
Personal property
Nominal damages
Issue of first impression
Codification of the common law
7. Proof that the evidence is what it is said to be.
Authentication
Legislative intent
Analogous cases
Holding
8. Used to describe legislation that changes the common law.
Dictum
Appellate courts
Derogation of the common law
Plain meaning
9. A warrant that allows the police to enter without announcing their presence in advance.
Unauthorized practice of law
Summary jury trials
No-knock warrant
Consideration
10. A fee calculated as a percentage of the settlement or award in the case.
Contingency Fee
Reprimand or censure
Affirmative defense
Recidivist
11. Occurs when the police restrain a person's freedom and charge the person with a crime.
Arrest
Voir dire
Rule
Pleading in the alternative
12. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Code of Federal Regulations (C.F.R.)
Legal technician
Affirm
13. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Specific performance
Bill of Rights
Mediation
Entrapment
14. Being informed of some act done or about to be done.
Legal clinic
Notice
Federalism
Exclusionary rule
15. Not factually true - but accepted by the courts as being legally true.
Affirm
Overrule
Constructive
Secondary authority
16. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Miranda warnings
Lexis
Recklessness
Hourly rate
17. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Defendant
Mediation
Majority opinion
18. A defense whereby the defendant offers new evidence to avoid judgment.
Full-text database
Pleading in the alternative
Affirmative defense
Authentication
19. To perform.
Ejusdem generis
Constructive eviction
Evidence
Execute
20. 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
Fixed Fee
Legal Reasoning
Limited jurisdiction
Equity
21. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
Statutes of limitations
Legislative intent
Evidence
22. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Execute
Contributory negligence
Confidentiality
Plain view doctrine
23. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Certificated
Battery
Concluding paragraph
Derogation of the common law
24. Also known as real estate; land and items growing on or permanently attached to that land.
Irresistible impulse test
Statutory element
Citation
Real Property
25. A court's prior permission for the police to search and seize.
Federalism
Warrant
Summons
Lay advocate
26. A statute establishing and setting out the powers of an administrative agency.
Mens rea
Enabling act
Charging the jury
National Association of Legal Assistants (NALA) www.nala.org
27. When an appellate court overturns or negates the decision of a lower court.
Expert witness
Professional Corporation (PC)
Reverse
Bench trial
28. A court order requiring a person to appear to testify at a trial or deposition.
Judicial notice
Subpoena
Full-text searches
Compensatory damages
29. Information that can be presented in a court of law as proof of some fact.
Codification of the common law
Rule 56 motion (summary judgment motion)
Reprimand or censure
Evidence
30. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Successive conflict of interest
Res ipsa loquitur
Injunction
Summary jury trials
31. An opinion that agrees with the majority's result but disagrees with the reasoning.
Deposition
Deductive reasoning
Concurring opinion
Official reporter
32. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Complaint
Inculpatory evidence
Arbitration
Grand jury
33. An approach whereby the courts give a statute a narrow interpretation.
Enabling act
Necessity
Dissenting opinion
Strict construction
34. 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
Caption
Discovery
Constitutional law
35. The party in a case who has initiated an appeal.
Stop and frisk
Negligence
Appellate or petitioner
Double jeopardy
36. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Deductive reasoning
Hypertext links
Hearsay
Motion in limine
37. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Client trust account
Default judgment
Potential conflict
Case citation
38. Written questions sent by one side to the opposing side - answered under oath.
On point
Interrogatories
Materiality
En banc
39. The modern pretrial procedure by which one party gains information from the adverse party.
Unauthorized practice of law
Writ of certiorari
Discovery
Lexis
40. A pamphlet inserted into the back of a book containing information new since the volume was published.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Compulsory joinder
Pocket part
Cross-examination
41. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Writ of execution
Bail
Evidence
Proving a case within a case
42. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Cross-examination
Minor premise
Recidivist
U.S. district courts
43. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Intellectual Property
per curium
Code of Federal Regulations (C.F.R.)
Contributory negligence
44. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Trial courts
Voir dire
Double jeopardy
45. Questions that suggest the answer.
Harmless error
Directed verdict
Search engine
Leading questions
46. A term used to describe a case that is similar to another case.
Black-letter law
Digest
Specific performance
On point
47. 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.
Self-defense
Closed Questions
Issue
Substantial capacity test
48. Books that contain appellate court decisions. There are both official and unofficial reporters.
Harmless error
Closed Questions
Adverse possession
Case reporters
49. The power of a court to hear a case.
Hypertext links
Legal Research
Jurisdiction
Mandatory authority
50. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Suspension
Authentication
Double jeopardy
Legal services offices
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