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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 reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Full-text searches
Specific performance
Headnote
2. A meeting of the attorneys and the judge prior to the beginning of the trial.
Procedural law
Pretrial conference
Affirm
Intentional tort
3. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Dismissal with prejudice
Judicial restraint
Arbitration
Official reporter
4. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Exhaustion of administrative remedies
Potential conflict
Vicarious representation
Rules of evidence
5. The result reached in a particular case.
Code
Disposition
Complaint
Deposition
6. Federal and state rules that regulate how criminal proceedings are conducted.
Rules of criminal procedure
Tort law
Holding
Procedural law
7. A grand jury's written accusation that a given individual has committed a crime.
Mandatory authority
Unauthorized practice of law
Distinguishable cases
Indictment
8. The questioning of your own witness.
Federal question jurisdiction
Dissenting opinion
Concurring opinion
Direct examination
9. The first ten amendments to the U.S. Constitution.
Recidivist
Bill of Rights
Constructive
Closed Questions
10. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Product misuse
Exculpatory evidence
Civil law
11. The intermediate appellate courts in the federal system.
Codification of the common law
U.S. Court of Appeals
Motion for a new trial
Reverse
12. A law enacted by a state legislature or by Congress.
Statute
Self-defense
Subpoena duces tecum
Reasonable suspicion
13. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Client trust account
12(b)(6) motion
Procedural facts
Insanity defense
14. Questions relating to the interpretation or application of the law.
Questions of law
Evidence
Mandatory authority
Intellectual Property
15. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Evidence
Intellectual Property
Personal jurisdiction
Major premise
16. Used to describe legislation that changes the common law.
Pleading in the alternative
Legal services offices
Duress
Derogation of the common law
17. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Prima facie case
Code of Federal Regulations (C.F.R.)
Statute of limitations
Implied warranty of habitability
18. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
U.S. Court of Appeals
Nominal damages
Evidence
Motion
19. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Hearsay
Primary authority
Constructive eviction
Recidivist
20. A national paralegal association.
National Association of Legal Assistants (NALA) www.nala.org
Deductive reasoning
En banc
Mens rea
21. The law itself - such as statutes and court opinions.
Mens rea
American Association for Paralegal Education (AAfPE) www.aafpe.org
National Association of Legal Assistants (NALA) www.nala.org
Primary authority
22. An opinion that disagrees with the majority's decision and reasoning.
Lexis
Codification of the common law
Contingency Fee
Dissenting opinion
23. The party in a case who has initiated an appeal.
Appellate or petitioner
Dissenting opinion
Recklessness
Legal malpractice
24. An advance or down payment that is given to engage the services of an attorney.
Retainer
Harmless error
Specific performance
U.S. Supreme Court
25. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Real property
Bailment
Challenge for cause
Statutory element
26. A provision that purports to waive liability.
Questions of fact
Potential conflict
Exculpatory clause
Stare decisis
27. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Lay advocate
Civil law
Judicial activism
Statute of limitations
28. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Proximate cause
Open Questions
Subsequent case history
Arbitration
29. 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.
Competency
Disbarment
Laws
Clear and convincing
30. 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.
Irresistible impulse test
Mediation
Citing case
Service
31. A judicial philosophy that supports an active role for the judiciary in changing the law.
Plain view doctrine
Indictment
Codification
Judicial activism
32. Liability without a showing of fault.
Strict liability
Conflict of interest
Client trust account
Mandatory authority
33. The number of hours - or parts of an hour - that can be charged to a specific client.
Directed verdict
Digest
Billable hours
Bill of Rights
34. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Writ of habeas corpus
Legal writing
Exclusive jurisdiction
Notice pleading
35. A court's power to hear any type of case arising within its geographical area.
Power of judicial review
General jurisdiction
Open Questions
Summary jury trials
36. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Narrow Holding
Subsequent case history
Alternative dispute resolution (ADR)
Judicial activism
37. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Bail
Ejusdem generis
Standing
Quiet enjoyment
38. In a case brief - the general legal principle in existence before the case began.
Insanity defense
Strict liability
Rule
Real Property
39. A case listed in Shepard's that cites your case.
Issue of first impression
Valid
Irresistible impulse test
Citing case
40. A canon of construction meaning 'of the same class.:
Contributory negligence
Legal services offices
Ejusdem generis
Black-letter law
41. Information about the law - such as that contained in encyclopedias and law review articles.
Secondary authority
Jurisdiction
Substantive law
Subpoena duces tecum
42. The educated ability to apply law to specific facts.
Lay witness
Hourly rate
Professional judgment
Shepardizing
43. The power of a court to hear a case.
Jurisdiction
Direct evidence
Appellee or respondent
Assumption of the risk
44. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Subject matter jurisdiction
Prima facie case
Paralegal
45. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Treatment
Competency
Miranda warnings
Minor premise
46. The chronological publication of statutes at the end of a legislative session.
Reversible error
Statutes at large or session laws
Peremptory challenge
Appellate courts
47. A statute that changes the common law.
Statute in derogation of the common law
Questions of fact
Criminal law
Legal Research
48. 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
Court of record
Real Property
Retainer agreement
49. Court decisions from a higher court in the same jurisdiction.
Mandatory authority
Battered woman's or spouse's syndrome
Counterclaim
Restatement of the Law of Torts - Second
50. The modern pretrial procedure by which one party gains information from the adverse party.
Concurrent jurisdiction
On all fours
Discovery
Headnote