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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. 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.
Deductive reasoning
Grand jury
Actual cause
Mistrial
2. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Motion to suppress
On all fours
Guardian
Codification
3. Law that creates rights and duties.
Leading questions
Slip laws
Substantive law
Exculpatory clause
4. A repeat offender; one who continues to commit more crimes.
Recidivist
Miranda warnings
Notice
Strict construction
5. Not factually true - but accepted by the courts as being legally true.
Constructive
Full-text database
Appellate or petitioner
Cross-claim
6. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Holding
Contingency fee
Cumulative evidence
Structured database
7. 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.
Registration
Issue
Irresistible impulse test
Questions of law
8. The power of a court to hear a case.
Jurisdiction
Bench trial
Plaintiff
Digest
9. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Closed Questions
Client trust account
General jurisdiction
Contributory negligence
10. Any tangible object - like a bloody glove.
Nolo contendere
Defamation
Inculpatory evidence
Real or physical evidence
11. Evidence that is derived from an illegal search or interrogation is inadmissible.
Personal recognizance bond
Professional judgment
Fruit of the poisonous tree doctrine
U.S. Court of Appeals
12. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
U.S. Court of Appeals
Equity
Concluding paragraph
Reverse
13. An opinion that disagrees with the majority's decision and its reasoning.
Procedural facts
Dissenting opinion
Compulsory joinder
Duress
14. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Issue
Issue of first impression
Judicial restraint
Unofficial reporter
15. The rule that in order to claim self-defense there must have been no possibility of retreat.
Closed Questions
Hypertext links
Retreat exception
Proximate cause
16. Bad act.
Inculpatory evidence
Real Property
Personal jurisdiction
Actus rea
17. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Treatment
Judicial notice
Stop and frisk
Overrule
18. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Full-text searches
Court of record
Specific performance
Legal Reasoning
19. 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).
Motion to require a finding of not guilty
Joint tenancy
Closed Questions
International Paralegal Management Association (IPMA) www.paralegal management.org
20. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Federalism
U.S. district courts
Personal property
Evidence
21. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Default judgment
Subsequent case history
Hourly rate
Registration
22. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Overrule
Code
Billable hours
23. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Hourly rate
Standing
Subpoena duces tecum
Booking
24. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Paralegal
Assault
Substantial capacity test
Headnote
25. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Guardian
Product misuse
Default judgment
Intentional tort
26. A business run by two or more persons as co-owners.
Original jurisdiction
Client trust account
Partnership
Dissenting opinion
27. A requirement that a party fulfill his or her contractual obligations.
Fruit of the poisonous tree doctrine
Recklessness
Paralegal
Specific performance
28. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Loislaw
Valid
Affirmative defense
Holding
29. The first ten amendments to the U.S. Constitution.
Affirmative defense
Personal property
Citing case
Bill of Rights
30. 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.
Alternative dispute resolution (ADR)
Equity
Full-text database
Broad holding
31. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
U.S. Court of Appeals
Challenge for cause
Legislative history
Westlaw
32. The rule requiring that the original document be produced at trial.
Property law
Transition
Reverse
Best evidence rule
33. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Compensatory damages
Actual cause
Statutes at large or session laws
Defendant
34. When a higher court agrees with what lower court has done.
Rule 56 motion (summary judgment motion)
Affirm
Actus rea
Rule
35. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Entrapment
Lay advocate
Third-party claim
36. The pleading that begins a lawsuit.
Specific performance
Persuasive authority
Complaint
Request for admissions
37. Cases that involve different facts and/or rules of law.
Exclusive jurisdiction
Pretrial conference
Legislative intent
Distinguishable cases
38. The reference to a particular page within an opinion.
Pinpoint cite
Structured database
Irresistible impulse test
Double jeopardy
39. A defense whereby the defendant offers new evidence to avoid judgment.
Assumption of the risk
Concurring opinion
Affirmative defense
Retainer agreement
40. A statute that changes the common law.
Complaint
Statute in derogation of the common law
Concurrent conflict of interest
Professional judgment
41. A case listed in Shepard's that cites your case.
Major premise
Voir dire
Judgment
Citing case
42. An opinion in which a majority of the court joins.
Leading question
Majority opinion
Legal Reasoning
Circumstantial evidence
43. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Probable cause
Evidence
Appellee or respondent
44. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Injunction
Plain meaning
Personal recognizance bond
Pocket part
45. A set charge for a specific service - such as drafting a simple will.
Laws
Analogous cases
Concurring opinion
Fixed Fee
46. A defendant's personal promise to appear in court.
Questions of fact
Client trust account
per curium
Personal recognizance bond
47. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Client trust account
Remand
Pretrial motion
Minimum contacts
48. When an appellate court that normally sits in panels sits as a whole.
Administrative law
Codification
Concurring opinion
En banc
49. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Void for vagueness
Personal property
Entrapment
Ethical wall or screen or cone of silence
50. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Common law
Leading questions
Standing
Strict construction