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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 tenant's right to be free from interference from the landlord with respect to how the property is used.
Personal jurisdiction
Quiet enjoyment
Best evidence rule
Registration
2. The law itself - such as statutes and court opinions.
Primary authority
Writ of habeas corpus
Reverse
Trial courts
3. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Defamation
Legal clinic
Confidentiality
Tenancy in common
4. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Proving a case within a case
Codification of the common law
Materiality
5. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Subsequent case history
Issue
No-knock warrant
Certified
6. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Affirmative defense
Unauthorized practice of law
Remand
Constructive
7. Books that contain appellate court decisions. There are both official and unofficial reporters.
Hearsay
Case reporters
Subpoena
Battered woman's or spouse's syndrome
8. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Third-party claim
Assumption of the risk
Lexis
Hourly rate
9. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Concluding paragraph
False imprisonment
Remand
Overbreadth
10. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Cumulative evidence
False imprisonment
Intellectual Property
Judicial activism
11. The first ten amendments to the U.S. Constitution.
Bill of Rights
Road Map paragraph
Real property
Affirmative defense
12. Someone who has the power to act in the place of another.
Eminent Domain
Agent
Best evidence rule
Concurrent conflict of interest
13. 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.
Pocket part
Syllabus
Stare decisis
Cause of action
14. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
No-knock warrant
Miranda warnings
Strict liability
15. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Charging the jury
Property
Court of record
Hypertext links
16. Rules and regulations created by administrative agencies.
Mandatory authority
Administrative law
Contributory negligence
Exclusionary rule
17. Proof that the evidence is what it is said to be.
Freelance Paralegal
Property law
Authentication
Verdict
18. Land and objects permanently attached to land.
Power of judicial review
Hearsay
Real property
Specific performance
19. The tort theory that an employer can be sued for the negligent acts of its employees.
Legal malpractice
Respondeat superior
Restatement of the Law of Torts - Second
Prima facie case
20. In logic - a belief that justifies one in arguing a conclusion.
Assumption
Tickler System
Deposition
Intellectual Property
21. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Cross-claim
Case reporters
Cross-examination
22. An approach whereby the courts give a statute a broad interpretation.
Liberal construction
Invasion of Privacy
Deductive reasoning
Actus rea
23. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Affirm
Motion
Assumption of the risk
Miranda warnings
24. A law enacted by a state legislature or by Congress.
Statute
Prior case history
Structured database
Reverse
25. A calendering system that records key dates and important deadlines.
Tickler System
Ethical wall or screen or cone of silence
Federal question jurisdiction
Affirm
26. An advance or down payment that is given to engage the services of an attorney.
Subsequent case history
Directed verdict
Retainer
Voir dire
27. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Appellate or petitioner
Contingency fee
Summary jury trials
Lay witness
28. An approach whereby the courts give a statute a narrow interpretation.
Notice
Overrule
Citing case
Strict construction
29. A right to use property owned by another for a limited purpose.
Easement
American Association for Paralegal Education (AAfPE) www.aafpe.org
U.S. Supreme Court
Judicial activism
30. When an appellate court that normally sits in panels sits as a whole.
Issue of first impression
Majority opinion
Pretrial conference
En banc
31. Broad questions that put few limits on the freedom of the respondent.
Writ of habeas corpus
Necessity
Open Questions
Closed Questions
32. The intermediate appellate courts in the federal system.
Active Listening
Subpoena
Civil law
U.S. Court of Appeals
33. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Booking
Substantive law
Lay a foundation
Active Listening
34. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Procedural facts
Hourly rate
Punitive damages
Constructive eviction
35. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Issue
Cause of action
Consideration
36. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Negligence
Real property
Comparative negligence
Leading question
37. The opinion of a jury on a question of fact.
Lexis
Notice
Verdict
Warrant
38. The chronological publication of statutes at the end of a legislative session.
Motion in limine
Subsequent case history
Statutes at large or session laws
Questions of law
39. Law that deals with harm to society as a whole.
Dictum
Criminal law
Cross-claim
Execute
40. Governmental publication of court opinions.
Exhaustion of administrative remedies
Official reporter
Negligence
Digest
41. The process of organizing statutes by subject matter.
Judicial activism
Search engine
Codification
Execute
42. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Code of Federal Regulations (C.F.R.)
Void for vagueness
Transition
Retainer agreement
43. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Class action suit
Documentary evidence
Reversible error
Pretrial motion
44. A court's power to hear only specialized cases.
Tenancy in common
Reprimand or censure
Lay witness
Limited jurisdiction
45. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Joint tenancy
Common law
Concurring opinion
Shepardizing
46. An intentional act that creates a harmful or offensive physical contact.
Battery
Codification
Proving a case within a case
Best evidence rule
47. A grand jury's written accusation that a given individual has committed a crime.
Doctrine of implied powers
Peremptory challenge
Appellate brief
Indictment
48. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Entrapment
Summons
Professional Corporation (PC)
Unauthorized practice of law
49. 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.
Duress
Paralegal
Common law
Retainer agreement
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.
Pinpoint cite
Inculpatory evidence
Criminal law
Subpoena duces tecum