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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 set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Exclusive jurisdiction
Loislaw
Lay advocate
Model Rules of Professional Conduct
2. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Writ of habeas corpus
Caption
Judgment notwithstanding the verdict (judgment N.O.V.)
Certificated
3. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Dissenting opinion
Headnote
Hearsay
Notice
4. In a case brief - the general legal principle in existence before the case began.
Restatement of the Law of Torts - Second
Rule
Reprimand or censure
Issue
5. Courts that determine whether lower courts have made errors of law.
Pleadings
Appellate courts
Strict liability
Directed verdict
6. A constitutional protection against being tried twice for the same crime.
Assault
Double jeopardy
Attorney-client privilege
Statutes at large or session laws
7. 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.
Products liability
Paralegal
Legal technician
Answer
8. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Double jeopardy
Disbarment
Hearsay
Valid
9. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Federal question jurisdiction
Primary authority
Assumption
Concluding paragraph
10. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Practice of law
Implied warranty of habitability
Writ of execution
Judgment notwithstanding the verdict (judgment N.O.V.)
11. A warrant that allows the police to enter without announcing their presence in advance.
Exclusive jurisdiction
Appellee or respondent
No-knock warrant
National Association of Legal Assistants (NALA) www.nala.org
12. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Default judgment
Lay witness
Professional Corporation (PC)
Answer
13. A defendant's plea meaning that the defendant neither admits nor denies the charges.
On all fours
Motion to require a finding of not guilty
Indictment
Nolo contendere
14. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Joint tenancy
Class action suit
Questions of fact
Issue
15. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Verification
Motion to suppress
Appellant or petitioner
16. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Dismissal with prejudice
Vicarious representation
Exculpatory clause
17. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
12(b)(6) motion
Appellant or petitioner
Subject matter jurisdiction
18. 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
Original jurisdiction
Subpoena
Headnote
19. When an appellate court sends a case back to the trial court for a new trial or other action.
Assumption
Remand
Stop and frisk
Strict liability
20. Generally accepted legal principles.
Motion in limine
Subsequent case history
Black-letter law
Service
21. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Codification
Minimum contacts
Secondary authority
22. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Judicial restraint
Recklessness
Deponent
23. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Direct examination
Conflict of interest
Third-party claim
Remand
24. 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.
Legal writing
Counterclaim
Beyond a reasonable doubt
Ejusdem generis
25. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Assumption of the risk
Annotated statutes
Reverse
Reasonable suspicion
26. A request made to the court.
Limited liability partnership (LLP)
Specific performance
Motion
Double jeopardy
27. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Indictment
Landmark decision
Constructive eviction
Minor premise
28. Specific questions that usually demand very short or yes-no answers.
Default judgment
Closed Questions
Motion in limine
Issue
29. The failure of an attorney to act reasonably.
Legal malpractice
Damages
U.S. Supreme Court
Affirm
30. Law that deals with harm to society as a whole.
Criminal law
Westlaw
Jurisdiction
Affirm
31. 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.
Contingency fee
Code
Disbarment
Constitutional law
32. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Execute
Damages
Rule
Issue
33. 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.
Summary jury trials
Citation
Strict liability
Criminal law
34. The questioning of your own witness.
Fixed Fee
Attorney-client privilege
Billable hours
Direct examination
35. Disregarding a substantial and unjustifiable risk that harm will result.
Recklessness
Regulation
Limited liability partnership (LLP)
Intellectual Property
36. Monetary compensation - including compensatory - punitive - and nominal damages.
Pretrial motion
Damages
Notice
Statute of limitations
37. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Prima facie case
Codification of the common law
Court of record
Reverse
38. 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.
Judgment proof
General jurisdiction
Hourly rate
Motion to require a finding of not guilty
39. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Discovery
Dismissal with prejudice
Indictment
Double jeopardy
40. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Warrant
Real Property
Prior case history
41. In logic - a belief that justifies one in arguing a conclusion.
Comparative negligence
Judicial restraint
Assumption
Distinguishable cases
42. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Voir dire
Evidence
Doctrine of implied powers
Transition
43. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Motion to suppress
Implied warranty of habitability
Potential conflict
44. Federal and state rules that govern the admissibility of evidence in court.
Plain meaning
Concurrent jurisdiction
Minor premise
Rules of evidence
45. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Arrest
12(b)(6) motion
Judicial restraint
Pattern jury instructions
46. 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.
Search engine
Court of record
Stare decisis
Pretrial motion
47. A bank account used to hold money belonging to the client or to a third party.
Official reporter
Closed Questions
Client trust account
Statutes at large or session laws
48. A statement in a judicial opinion not necessary for the decision of the case.
Injunction
Dictum
Battered woman's or spouse's syndrome
Plain meaning
49. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Criminal law
Judicial restraint
Dismissal with prejudice
Legal malpractice
50. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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