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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 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.
Comparative negligence
Irresistible impulse test
Procedural facts
Respondeat superior
2. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Clear and convincing
Fixed Fee
Limited jurisdiction
Persuasive authority
3. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Reverse
Affirmative defense
Professional Corporation (PC)
4. Rules of conduct promulgated and enforced by the government.
Mistrial
Judicial restraint
Laws
Billable hours
5. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Bailment
Subject matter jurisdiction
Persuasive authority
Deposition
6. 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.
Intentional tort
Preemption
Insanity defense
per curium
7. A tangible object or a right or ownership interest.
Property
False imprisonment
Trial courts
Remand
8. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Remand
Compulsory joinder
Lay witness
Pretrial motion
9. The highest federal appellate court - consisting of nine appointed members.
Legal fiction
U.S. Supreme Court
Primary authority
Ejusdem generis
10. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Exculpatory clause
Legislative intent
Potential conflict
11. Monetary compensation - including compensatory - punitive - and nominal damages.
Compensatory damages
Mediation
Damages
12(b)(6) motion
12. A canon of construction meaning 'of the same class.:
Caption
Internet
Contingency fee
Ejusdem generis
13. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Punitive damages
Loislaw
Hearsay
Deductive reasoning
14. When an appellate court sends a case back to the trial court for a new trial or other action.
Successive conflict of interest
Remand
Distinguishable cases
Broad holding
15. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Writ of habeas corpus
Prima facie case
Concurrent jurisdiction
Professional Corporation (PC)
16. 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
Actus rea
Direct examination
Defamation
17. Occurs when the police restrain a person's freedom and charge the person with a crime.
Landmark decision
Grand jury
Paralegal
Arrest
18. Proof that the evidence is what it is said to be.
Entrapment
Full-text searches
Westlaw
Authentication
19. In a case brief - the general legal principle in existence before the case began.
Rule
Legal malpractice
Defamation
Legislative intent
20. The process of legislative enactment of areas of the law previously governed solely by the common law.
Damages
Federalism
Codification of the common law
Constitutional law
21. A court's power to hear only specialized cases.
Lay a foundation
Compensatory damages
Statute
Limited jurisdiction
22. 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.
Legal fiction
Interrogatories
Bail
Constitutional law
23. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Billable hours
Alternative dispute resolution (ADR)
Contract
24. The rule requiring that the original document be produced at trial.
Best evidence rule
Codification of the common law
Self-defense
Concurring opinion
25. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Code
Actus rea
Pattern jury instructions
26. When a higher court agrees with what lower court has done.
Derogation of the common law
Appellee or respondent
Affirm
Standing
27. 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.
Pinpoint cite
Legal clinic
Prior case history
Plea bargaining
28. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Writ of execution
Mediation
Defamation
Injunction
29. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Writ of certiorari
Legal fiction
Assumption of the risk
Constructive
30. Used to describe legislation that changes the common law.
Legal Reasoning
Void for vagueness
Derogation of the common law
Appellant or petitioner
31. A statute that changes the common law.
Federalism
Statute in derogation of the common law
Assumption of the risk
Reversible error
32. A constitutional protection against being tried twice for the same crime.
Assumption of the risk
Exhaustion of administrative remedies
Plea bargaining
Double jeopardy
33. Law that deals with harm to society as a whole.
Agent
On point
Rules of evidence
Criminal law
34. A set charge for a specific service - such as drafting a simple will.
Certificated
Fixed Fee
Entrapment
Bill of Rights
35. 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.
Legal Research
American Association for Paralegal Education (AAfPE) www.aafpe.org
Major premise
Internet
36. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Writ of habeas corpus
Irresistible impulse test
Double jeopardy
Legal writing
37. The questioning of an opposing witness.
Cross-examination
Exclusionary rule
Case reporters
Third-party claim
38. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Internet
Cross-claim
Concurrent conflict of interest
Hearsay
39. The party in a case against whom an appeal has been filed.
Self-defense
Appellate courts
Motion to suppress
Appellee or respondent
40. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Materiality
Statutory element
Inculpatory evidence
Narrow Holding
41. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Nolo contendere
Bench trial
Service
Contributory negligence
42. An opinion that disagrees with the majority's decision and its reasoning.
Personal property
Dissenting opinion
Inculpatory evidence
Structured database
43. Court decisions from a higher court in the same jurisdiction.
Affirm
Mandatory authority
Documentary evidence
Practice of law
44. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Personal property
Power of judicial review
Beyond a reasonable doubt
Jurisdiction
45. A book that contains court opinion headnotes arranged by subject matter.
Battery
Compulsory joinder
Digest
Judicial restraint
46. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Duress
Motion
Judicial activism
Suspension
47. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Statute in derogation of the common law
Eminent Domain
Practice of law
Substantial capacity test
48. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Remedial statute
Potential conflict
Removal
Prior case history
49. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Disbarment
Product misuse
General jurisdiction
Constitutional law
50. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Major premise
Limited liability partnership (LLP)
Closed Questions