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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 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.
Certified
Duress
Res ipsa loquitur
Westlaw
2. A business run by two or more persons as co-owners.
Counterclaim
Judicial notice
Partnership
Contributory negligence
3. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Discovery
Derogation of the common law
Legislative history
4. Something of value exchanged to form the basis of a contract.
Consideration
Contingency fee
Complaint
Pinpoint cite
5. A court's prior permission for the police to search and seize.
Preponderance of the evidence
Cause of action
Leading questions
Warrant
6. The party in a case who has initiated an appeal.
Answer
Personal jurisdiction
Retainer agreement
Appellate or petitioner
7. A court order requiring a person to appear to testify at a trial or deposition.
Exculpatory evidence
Subpoena
Jurisdiction
Intentional tort
8. 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.
Remand
Principle
per curium
Legal clinic
9. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Third-party claim
Indictment
Authentication
Plea bargaining
10. 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.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Damages
Legal fiction
Nolo contendere
11. 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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12. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Annotated statutes
Bailment
Concluding paragraph
Questions of law
13. A person who initiates a lawsuit.
Procedural law
National Association of Legal Assistants (NALA) www.nala.org
Plaintiff
Power of judicial review
14. A tangible object or a right or ownership interest.
Restatement of the Law of Torts - Second
Notice
Power of judicial review
Property
15. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Appellate brief
Warrant
Agent
Subsequent case history
16. An opinion that agrees with the majority's result but disagrees with the reasoning.
Trial courts
Black-letter law
Class action suit
Concurring opinion
17. Money is awarded to a plaintiff in payment for his or her actual losses.
Cumulative evidence
Separation of powers
Tenancy in common
Compensatory damages
18. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Summary jury trials
Original jurisdiction
Broad holding
Statute
19. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Default judgment
Subsequent case history
False imprisonment
Arraignment
20. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Class action suit
Official reporter
Concurrent conflict of interest
12(b)(6) motion
21. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Directed verdict
Quiet enjoyment
Motion to require a finding of not guilty
Suspension
22. A defense whereby the defendant offers new evidence to avoid judgment.
False imprisonment
Issue
Strict liability
Affirmative defense
23. The first ten amendments to the U.S. Constitution.
Tickler System
Res ipsa loquitur
Exigent circumstances
Bill of Rights
24. 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.
Black-letter law
Concluding paragraph
Shepardizing
Fact
25. The publication of false statements that harm a person's reputation.
Defamation
Codification
Fact
Overbreadth
26. A term used to describe a case that is similar to another case.
Pretrial conference
On point
Trial courts
Cumulative evidence
27. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Proximate cause
Procedural facts
Class action suit
U.S. Supreme Court
28. An intentional act that creates a harmful or offensive physical contact.
Nominal damages
Battery
Paralegal
Substantial capacity test
29. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Constitutional law
Judicial activism
Regulation
Necessity
30. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Successive conflict of interest
Model Rules of Professional Conduct
U.S. Supreme Court
Execute
31. 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.
Caption
Professional judgment
Statutory element
Hourly rate
32. A form in which statutes are published; they are printed individually at the time they are first enacted.
Leading questions
Slip laws
Legal fiction
Major premise
33. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Mistrial
Legal writing
Writ of certiorari
Treatment
34. In a case brief - facts that deal with what happened to the parties before the litigation began.
Subsequent case history
Adverse possession
Substantive facts
Writ of certiorari
35. A provision that purports to waive liability.
International Paralegal Management Association (IPMA) www.paralegal management.org
Exculpatory clause
Personal property
Ethical wall or screen or cone of silence
36. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Confidentiality
Syllabus
International Paralegal Management Association (IPMA) www.paralegal management.org
Specific performance
37. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Pretrial motion
Black-letter law
Third-party claim
Power of judicial review
38. A national paralegal association.
Harmless error
Proximate cause
National Association of Legal Assistants (NALA) www.nala.org
Statute of limitations
39. The intermediate appellate courts in the federal system.
Reverse
U.S. Court of Appeals
Tickler System
Case reporters
40. 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.
Retainer agreement
Federalism
Lay witness
Legal Reasoning
41. A trial court error that is not sufficient to warrant reversing the decision.
Analogous cases
Tickler System
Harmless error
Partnership
42. When an appellate court overturns or negates the decision of a lower court.
Deponent
Reverse
Booking
Res ipsa loquitur
43. A request that the court prohibit the use of certain evidence at the trial.
Request for admissions
Motion to suppress
U.S. district courts
Appellee or respondent
44. A reason for invalidating a statute where it covers both protected and criminal activity.
Full-text database
Clear and convincing
Overbreadth
Entrapment
45. A bank account used to hold money belonging to the client or to a third party.
Client trust account
Constitutional law
Leading questions
Leading question
46. A court's power to hear only specialized cases.
Limited jurisdiction
Internet
False imprisonment
Motion in limine
47. 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.
Class action suit
Actual cause
Miranda warnings
Personal recognizance bond
48. The opinion of a jury on a question of fact.
Verdict
Ethical wall or screen or cone of silence
Reverse
Loislaw
49. The pretrial oral questioning of a witness under oath.
Deposition
Billable hours
Real or physical evidence
Unauthorized practice of law
50. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Bench trial
Battery
Best evidence rule