SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Judicial activism
Citation
Contributory negligence
Products liability
2. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Stare decisis
Standing
Judicial restraint
Entrapment
3. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Popular name table
Lay a foundation
Procedural facts
Property law
4. A book that contains court opinion headnotes arranged by subject matter.
Actus rea
Persuasive authority
Digest
Preemption
5. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Peremptory challenge
Partnership
Execute
Voir dire
6. The intermediate appellate courts in the federal system.
Code
Circumstantial evidence
U.S. Court of Appeals
Full-text database
7. An opinion that disagrees with the majority's decision and reasoning.
Holding
Plea bargaining
American Association for Paralegal Education (AAfPE) www.aafpe.org
Dissenting opinion
8. 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.
Substantive law
Appellate brief
Entrapment
Plea bargaining
9. Bad act.
Judicial review
Actus rea
Tort law
Assumption
10. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Holding
Power of judicial review
Full-text searches
Quiet enjoyment
11. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
U.S. Court of Appeals
Actus rea
Confidentiality
Active Listening
12. Cases that involve different facts and/or rules of law.
Appellate courts
Distinguishable cases
Negligence
Certified
13. An advance or down payment that is given to engage the services of an attorney.
Writ of habeas corpus
Writ of execution
Retainer
Statutes at large or session laws
14. Disregarding a substantial and unjustifiable risk that harm will result.
Reprimand or censure
Black-letter law
Recklessness
Major premise
15. Law that creates rights and duties.
Substantive law
Digest
Property
Intellectual Property
16. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Legal Research
Fact
Issue
Answer
17. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Expert witness
American Association for Paralegal Education (AAfPE) www.aafpe.org
Defendant
Arbitration
18. A national association of paralegal managers.
Reversible error
Verification
Peremptory challenge
International Paralegal Management Association (IPMA) www.paralegal management.org
19. A term used to describe a case that is similar to another case.
Questions of law
Pretrial motion
Judicial activism
On point
20. Courts that determine the facts and apply the law to the facts.
Trial courts
Professional judgment
Retreat exception
Concurring opinion
21. A method for excusing a prospective juror; no reason need be given.
Property law
Federalism
Hearsay
Peremptory challenge
22. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Tenancy in common
Respondeat superior
Preemption
Minor premise
23. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Battered woman's or spouse's syndrome
Real or physical evidence
Miranda warnings
24. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Loislaw
Proving a case within a case
Successive conflict of interest
12(b)(6) motion
25. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Summary jury trials
Dismissal with prejudice
Analogous cases
Legal technician
26. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Joint tenancy
Contributory negligence
Judicial notice
Narrow Holding
27. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Mistrial
Search engine
Appellate brief
Freelance Paralegal
28. Law that regulates how the legal system operates.
Minimum contacts
Dissenting opinion
Official reporter
Procedural law
29. Federal and state rules that regulate how criminal proceedings are conducted.
12(b)(6) motion
Rules of criminal procedure
Principle
Judgment proof
30. Court decisions from a higher court in the same jurisdiction.
Verification
Canons of construction
Hourly rate
Mandatory authority
31. The result reached in a particular case.
Charging the jury
Corroborative evidence
Disposition
Treatment
32. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Lay advocate
Rules of evidence
Insanity defense
Corroborative evidence
33. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Restatement of the Law of Torts - Second
Client trust account
Subject matter jurisdiction
34. Evidence that suggests the defendant's innocence.
Hypertext links
Code
Real Property
Exculpatory evidence
35. Any tangible object - like a bloody glove.
Alternative dispute resolution (ADR)
Real or physical evidence
Questions of fact
Equity
36. Proof that the evidence is what it is said to be.
Comparative negligence
Actus rea
Authentication
Consideration
37. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Pleading in the alternative
Ethical wall or screen or cone of silence
Harmless error
38. Cases that involve similar facts and rules of law.
Analogous cases
Direct evidence
Concurrent conflict of interest
Criminal law
39. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Certified
Valid
Internet
Implied warranty of habitability
40. Establishes a direct link to the event that must be proven.
Fruit of the poisonous tree doctrine
Direct evidence
Questions of law
Transition
41. A law promulgated by an administrative agency.
Regulation
Relevancy
M'Naghten test
Contingency Fee
42. 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.
Lexis
Adverse possession
Judicial review
Narrow Holding
43. 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.
Beyond a reasonable doubt
Testimonial evidence
Comparative negligence
Freelance Paralegal
44. A summary of a court opinion that appears at the beginning of the case.
Writ of habeas corpus
Syllabus
Full-text searches
Overbreadth
45. Generally - an emergency situation that allows a search to proceed without a warrant.
Product misuse
Remand
Exigent circumstances
Ethical wall or screen or cone of silence
46. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Distinguishable cases
Case citation
Affirmative defense
Closed Questions
47. A national organization of paralegal programs that promotes high standards for paralegal education.
Direct examination
Statute
U.S. district courts
American Association for Paralegal Education (AAfPE) www.aafpe.org
48. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Arraignment
Issue
National Association of Legal Assistants (NALA) www.nala.org
Personal recognizance bond
49. Something of value exchanged to form the basis of a contract.
Persuasive authority
Exigent circumstances
Consideration
Direct evidence
50. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Digest
Disposition
Legal clinic