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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.
Pinpoint cite
Cross-examination
Real Property
Derogation of the common law
2. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Motion
Direct evidence
Irresistible impulse test
Adverse possession
3. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Defamation
Motion in limine
Hourly rate
4. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Regulation
False imprisonment
Defendant
Derogation of the common law
5. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
Affirmative defense
Internet
Hourly rate
6. A form in which statutes are published; they are printed individually at the time they are first enacted.
Slip laws
Digest
Billable hours
Citing case
7. The rule that in order to claim self-defense there must have been no possibility of retreat.
Retreat exception
Power of judicial review
Discovery
Harmless error
8. A request made to the court.
Internet
Assumption of the risk
Motion
Shepardizing
9. The educated ability to apply law to specific facts.
Personal property
Legislative history
Code of Federal Regulations (C.F.R.)
Professional judgment
10. A statute establishing and setting out the powers of an administrative agency.
Probable cause
Statutory element
Enabling act
Certified
11. Any tangible object - like a bloody glove.
Cross-examination
Real or physical evidence
Pleading in the alternative
Overbreadth
12. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Remand
Contributory negligence
Caption
Overrule
13. Federal and state rules that regulate how criminal proceedings are conducted.
Consideration
Rules of criminal procedure
Injunction
Notice
14. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Concurring opinion
Deposition
Harmless error
15. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Motion
Inculpatory evidence
Valid
Judgment notwithstanding the verdict (judgment N.O.V.)
16. The rules whereby all members of a law firm are treated as though they had represented the former client.
Constructive
Appellate brief
Headnote
Vicarious representation
17. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Federalism
Retainer agreement
Personal property
Nominal damages
18. Without the need for a warrant - the police may seize objects that are openly visible.
Confidentiality
Jurisdiction
Plain view doctrine
Substantive facts
19. When only one court has the power to hear a case.
Exclusive jurisdiction
Confidentiality
Third-party claim
National Federation of Paralegal Associations (NFPA) www.paralegals.org
20. A fee calculated as a percentage of the settlement or award in the case.
Affirm
Remedial statute
Contingency Fee
Black-letter law
21. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
U.S. Court of Appeals
Legal malpractice
Summons
Exclusionary rule
22. Being informed of some act done or about to be done.
Nominal damages
Notice
Tickler System
Broad holding
23. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Stare decisis
Battery
Major premise
Mens rea
24. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Codification
Proving a case within a case
Holding
Lay advocate
25. Violation of a statute as proof of negligence
Loislaw
M'Naghten test
Appellee or respondent
Negligence per se
26. Written questions sent by one side to the opposing side - answered under oath.
Headnote
Void for vagueness
Removal
Interrogatories
27. A canon of construction meaning 'of the same class.:
Ejusdem generis
Derogation of the common law
Statute
Limited liability partnership (LLP)
28. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Slip laws
Freelance Paralegal
Open Questions
Request for admissions
29. Monetary compensation - including compensatory - punitive - and nominal damages.
Shepardizing
Attorney-client privilege
Pinpoint cite
Damages
30. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Materiality
Bailment
Lexis
Leading question
31. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Liberal construction
Trial courts
Challenge for cause
Verification
32. The failure of an attorney to act reasonably.
Clear and convincing
Assumption of the risk
Legal malpractice
Prima facie case
33. General principles that guide the courts in their interpretation of statutes.
Pocket part
Reasonable suspicion
Confidentiality
Canons of construction
34. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Lay witness
Specific performance
Conflict of interest
Hearsay
35. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Judicial review
Expert witness
Verification
36. An advance or down payment that is given to engage the services of an attorney.
Transition
Nominal damages
Retainer
Westlaw
37. Evidence that is derived from an illegal search or interrogation is inadmissible.
Regulation
Persuasive authority
Pretrial conference
Fruit of the poisonous tree doctrine
38. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Unofficial reporter
Attorney-client privilege
Harmless error
Broad holding
39. The justified use of force to protect oneself or others.
Legal Research
Contingency fee
Self-defense
Battered woman's or spouse's syndrome
40. Representing someone who is in a position adverse to a prior client.
Plain meaning
On point
Cause of action
Successive conflict of interest
41. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Federalism
Procedural facts
Reverse
Assault
42. A worldwide network of computer networks.
On point
Prima facie case
Count
Internet
43. Something of value exchanged to form the basis of a contract.
Consideration
Injunction
Implied warranty of habitability
Case reporters
44. An approach whereby the courts give a statute a narrow interpretation.
Proximate cause
Unofficial reporter
Strict construction
Appellant or petitioner
45. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Retainer
Service
Indictment
General jurisdiction
46. A tangible object or a right or ownership interest.
Analogous cases
Notice pleading
Internet
Property
47. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
U.S. Supreme Court
Voir dire
Practice of law
Exclusionary rule
48. Broad questions that put few limits on the freedom of the respondent.
Cumulative evidence
Deductive reasoning
Self-defense
Open Questions
49. The requirement that relief be sought from an administrative agency before proceeding to court.
Confidentiality
Disbarment
Exhaustion of administrative remedies
Regulation
50. An intentional act that creates a harmful or offensive physical contact.
Challenge for cause
Battered woman's or spouse's syndrome
Motion to require a finding of not guilty
Battery