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Test your basic knowledge |
Paralegal 101
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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. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Official reporter
Hypertext links
Bail
Punitive damages
2. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Statute in derogation of the common law
Active Listening
Dismissal with prejudice
U.S. district courts
3. A public or private statement that an attorney's conduct violated the code of ethics.
Reprimand or censure
Exhaustion of administrative remedies
Plain view doctrine
General jurisdiction
4. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Subsequent case history
Leading question
Cross-examination
5. The party in a case who has initiated an appeal.
Limited jurisdiction
Open Questions
Appellate or petitioner
Peremptory challenge
6. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Loislaw
Notice pleading
Lay witness
7. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
False imprisonment
Legal Reasoning
Professional Corporation (PC)
Consideration
8. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Warrant
Assumption
Battered woman's or spouse's syndrome
Concluding paragraph
9. A national association of paralegal managers.
Broad holding
International Paralegal Management Association (IPMA) www.paralegal management.org
Issue
Doctrine of implied powers
10. Evidence that is derived from an illegal search or interrogation is inadmissible.
Holding
Judgment notwithstanding the verdict (judgment N.O.V.)
Liberal construction
Fruit of the poisonous tree doctrine
11. 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
Strict liability
Transition
Charging the jury
Stare decisis
12. A document that lists statements regarding specific items for the other party to admit or deny.
Warrant
Request for admissions
Full-text database
Assault
13. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Practice of law
Strict liability
Hourly rate
14. 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.
Plea bargaining
Hourly rate
Judicial review
Persuasive authority
15. 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.
Negligence
Lay a foundation
Prima facie case
Legislative history
16. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Indictment
Assumption
Agent
17. A person who initiates a lawsuit.
Arrest
Liberal construction
Plaintiff
Proving a case within a case
18. A book that contains court opinion headnotes arranged by subject matter.
Assumption
Fixed Fee
American Association for Paralegal Education (AAfPE) www.aafpe.org
Digest
19. The new legal principle established by a court opinion.
Evidence
Judgment
Holding
Registration
20. The person who is being asked questions at a deposition.
Summons
Interrogatories
Deponent
Proximate cause
21. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Digest
Appellant or petitioner
Exigent circumstances
Judgment notwithstanding the verdict (judgment N.O.V.)
22. Being informed of some act done or about to be done.
Notice
Case citation
Removal
Partnership
23. 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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24. The law itself - such as statutes and court opinions.
Miranda warnings
Bail
Primary authority
Official reporter
25. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Cumulative evidence
Indictment
Separation of powers
26. 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.
Judicial activism
Fact
Plea bargaining
Issue of first impression
27. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Property law
Suspension
Search engine
Distinguishable cases
28. The pretrial oral questioning of a witness under oath.
Deposition
Judicial review
Discovery
Harmless error
29. A judicial philosophy that supports an active role for the judiciary in changing the law.
Contract
Easement
Third-party claim
Judicial activism
30. Generally accepted legal principles.
Retreat exception
Judgment
Black-letter law
Freelance Paralegal
31. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Entrapment
False imprisonment
Full-text database
32. A defense requiring proof that the defendant was not mentally responsible.
Charging the jury
Self-defense
Insanity defense
Fixed Fee
33. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Appellate courts
Judgment
Arbitration
Bench trial
34. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Defendant
Contributory negligence
Clearly erroneous
Rule 56 motion (summary judgment motion)
35. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Personal property
Limited liability partnership (LLP)
Lexis
Contingency Fee
36. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Reasonable suspicion
Voir dire
Dissenting opinion
Code
37. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Concurring opinion
Exculpatory clause
Lay advocate
Search engine
38. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
U.S. Supreme Court
Appellate or petitioner
Product misuse
Citation
39. A canon of construction meaning 'of the same class.:
Specific performance
Ejusdem generis
Cross-claim
No-knock warrant
40. 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.
Federalism
Lay advocate
Hourly rate
Plain view doctrine
41. A computerized database that contains the full text of documents - such as court opinions or depositions.
Full-text database
Reversible error
Court of record
Statutes of limitations
42. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Beyond a reasonable doubt
Invasion of Privacy
Restatement of the Law of Torts - Second
Defendant
43. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Legal services offices
Deductive reasoning
Road Map paragraph
Dismissal with prejudice
44. Something of value exchanged to form the basis of a contract.
Consideration
Appellate courts
Constructive
Pretrial conference
45. A law enacted by a state legislature or by Congress.
Statute
American Association for Paralegal Education (AAfPE) www.aafpe.org
Removal
Count
46. General principles that guide the courts in their interpretation of statutes.
Real property
Remedial statute
Negligence per se
Canons of construction
47. The tort theory that an employer can be sued for the negligent acts of its employees.
Doctrine of implied powers
Respondeat superior
Plain meaning
Partnership
48. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Appellee or respondent
On all fours
Invasion of Privacy
Valid
49. Questions relating to the interpretation or application of the law.
Questions of law
Limited liability partnership (LLP)
Motion in limine
Fixed Fee
50. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Tenancy in common
Principle
Concurrent conflict of interest
Nolo contendere
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