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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 meeting of the attorneys and the judge prior to the beginning of the trial.
Real Property
Pretrial conference
Vicarious representation
Partnership
2. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Adverse possession
Notice
Guardian
Dictum
3. Governmental publication of court opinions.
Official reporter
Jurisdiction
Quiet enjoyment
Questions of fact
4. 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.
Reverse
Request for admissions
Federalism
Real Property
5. Including more than one count in a complaint; the counts do not need to be consistent.
Issue of first impression
Product misuse
per curium
Pleading in the alternative
6. The failure of an attorney to act reasonably.
Injunction
Active Listening
Legal malpractice
Questions of fact
7. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Power of judicial review
False imprisonment
Attorney-client privilege
Questions of fact
8. A law promulgated by an administrative agency.
Judgment proof
Regulation
Rule 56 motion (summary judgment motion)
Syllabus
9. Standard used by appellate courts when reviewing a trial court's findings of fact.
Plain meaning
Verdict
Concurrent conflict of interest
Clearly erroneous
10. A person who permits or directs another person to act on the principal's behalf.
Principle
Annotated statutes
Pretrial conference
Contingency Fee
11. A request that the court release the defendant because of the illegality of the incarceration.
Original jurisdiction
Writ of habeas corpus
Charging the jury
Alternative dispute resolution (ADR)
12. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Holding
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Charging the jury
13. 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.
Mistrial
Black-letter law
Invasion of Privacy
Writ of certiorari
14. 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.
Arbitration
Loislaw
Issue of first impression
Questions of law
15. In logic - a belief that justifies one in arguing a conclusion.
Compulsory joinder
Agent
Assumption
Substantial capacity test
16. In a case brief - the rule of law applied to the case's specific facts.
Issue
Reprimand or censure
Client trust account
Contingency fee
17. A case listed in Shepard's that cites your case.
Citing case
Consideration
Dissenting opinion
Rule 56 motion (summary judgment motion)
18. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Rule 56 motion (summary judgment motion)
Materiality
Lay witness
Peremptory challenge
19. An advance or down payment that is given to engage the services of an attorney.
Hourly rate
Dissenting opinion
Removal
Retainer
20. A reason for invalidating a statute where it covers both protected and criminal activity.
Judicial notice
Inculpatory evidence
Default judgment
Overbreadth
21. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Minimum contacts
Plain meaning
Preponderance of the evidence
Conflict of interest
22. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
U.S. Court of Appeals
Pretrial conference
Constructive eviction
Preemption
23. Representing someone who is in a position adverse to a prior client.
On point
Motion
Disposition
Successive conflict of interest
24. Money is awarded to a plaintiff in payment for his or her actual losses.
Landmark decision
Substantive facts
Compensatory damages
National Federation of Paralegal Associations (NFPA) www.paralegals.org
25. A canon of construction meaning 'of the same class.:
Ejusdem generis
Prima facie case
Citation
Constructive eviction
26. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Lay advocate
Judicial notice
Cross-claim
Notice
27. Questions relating to what happened: who - what - when - where - and how.
Appellate or petitioner
Leading question
Execute
Questions of fact
28. In a complaint - one cause of action.
Beyond a reasonable doubt
Defamation
Count
Remand
29. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Exculpatory clause
Answer
Mediation
Default judgment
30. The division of governmental power among the legislative - executive - and judicial branches.
Consideration
Reverse
Separation of powers
National Federation of Paralegal Associations (NFPA) www.paralegals.org
31. A statement in a judicial opinion not necessary for the decision of the case.
Proving a case within a case
Count
Remedial statute
Dictum
32. To perform.
Rule
Primary authority
Ethical wall or screen or cone of silence
Execute
33. A national organization of paralegal programs that promotes high standards for paralegal education.
Partnership
American Association for Paralegal Education (AAfPE) www.aafpe.org
Federal question jurisdiction
Substantial capacity test
34. A special type of joint tenancy applicable only to married couples.
American Bar Association (ABA) www.abanet.org
Tenancy by the entirety
Arbitration
Quiet enjoyment
35. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Minimum contacts
Defendant
Summons
Reverse
36. Law that deals with harm to a person or a person's property.
Deposition
National Association of Legal Assistants (NALA) www.nala.org
Preemption
Tort law
37. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Double jeopardy
Prima facie case
Rule
38. What the prosecution or plaintiff must be able to prove in order for the case to go to the jury-that is - the elements of the prosecution's case or the plaintiff's cause of action.
Substantial capacity test
Prima facie case
Comparative negligence
Broad holding
39. The party in a case who has initiated an appeal.
Restatement of the Law of Torts - Second
Appellate or petitioner
Specific performance
Summary jury trials
40. Courts that determine the facts and apply the law to the facts.
Lay witness
Answer
Trial courts
Reverse
41. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Valid
Testimonial evidence
National Association of Legal Assistants (NALA) www.nala.org
42. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Affirmative defense
Common law
Rule
Caption
43. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Legal writing
Assumption of the risk
Deposition
44. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Reverse
Prior case history
Motion for a new trial
Unauthorized practice of law
45. 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.
Real Property
Invasion of Privacy
Broad holding
Affirmative defense
46. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Strict liability
Rule 56 motion (summary judgment motion)
Consideration
Service
47. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Restrictive covenant
Damages
False imprisonment
Rule
48. Information about the law - such as that contained in encyclopedias and law review articles.
Legal services offices
Secondary authority
Equity
Tort law
49. 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.
Internet
Beyond a reasonable doubt
Appellant or petitioner
Arraignment
50. A set of standardized jury instructions.
Statute
Self-defense
Certificated
Pattern jury instructions