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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. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Exclusive jurisdiction
Best evidence rule
Unofficial reporter
Fruit of the poisonous tree doctrine
2. A constitutional protection against being tried twice for the same crime.
Writ of certiorari
Hearsay
Double jeopardy
Pretrial motion
3. In a case brief - the general legal principle in existence before the case began.
Road Map paragraph
Plaintiff
Rule
Summons
4. 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.
Analogous cases
Hourly rate
Retainer
Black-letter law
5. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Recklessness
Motion in limine
Void for vagueness
6. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Actual cause
Nominal damages
Tickler System
Default judgment
7. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Peremptory challenge
Clear and convincing
Rules of criminal procedure
8. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Concluding paragraph
Dismissal with prejudice
Reprimand or censure
Bail
9. Questions relating to what happened: who - what - when - where - and how.
Judgment notwithstanding the verdict (judgment N.O.V.)
Removal
Questions of fact
Judicial activism
10. Evidence that is derived from an illegal search or interrogation is inadmissible.
Concurrent jurisdiction
Conflict of interest
Fruit of the poisonous tree doctrine
Double jeopardy
11. Governmental publication of court opinions.
Official reporter
Reprimand or censure
Stop and frisk
Lay witness
12. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Substantive facts
Recidivist
Constructive eviction
Negligence
13. The papers that begin a lawsuit-generally - the complaint and the answer.
Notice pleading
Pleadings
Tort law
Overbreadth
14. 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.
Unofficial reporter
Exhaustion of administrative remedies
Pretrial motion
Statutes of limitations
15. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
Successive conflict of interest
Compulsory joinder
Actual cause
Insanity defense
16. General principles that guide the courts in their interpretation of statutes.
Canons of construction
Dissenting opinion
Codification of the common law
Nominal damages
17. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Citing case
Inculpatory evidence
Certified
Restatement of the Law of Torts - Second
18. 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.
Legal technician
Class action suit
Appellee or respondent
Leading questions
19. Someone who has the power to act in the place of another.
Agent
Removal
Discovery
Arrest
20. The rule requiring that the original document be produced at trial.
Best evidence rule
Motion
Digest
Registration
21. A national association of paralegal managers.
Personal property
Overrule
Arbitration
International Paralegal Management Association (IPMA) www.paralegal management.org
22. In a case brief - facts that deal with what happened to the parties before the litigation began.
Peremptory challenge
Substantive facts
Trial courts
Assumption of the risk
23. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Interrogatories
Comparative negligence
Substantive facts
Court of record
24. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Majority opinion
Discovery
Bail
Arbitration
25. Evidence that does not add any new information but that confirms facts that already have been established.
Landmark decision
Code of Federal Regulations (C.F.R.)
Cumulative evidence
Federalism
26. A defense whereby the defendant offers new evidence to avoid judgment.
Hourly rate
Rule
Reverse
Affirmative defense
27. A defense whereby the defendant offers new evidence to avoid judgment.
Challenge for cause
Certified
Subpoena duces tecum
Affirmative defense
28. The rules whereby all members of a law firm are treated as though they had represented the former client.
Affirmative defense
Overrule
Beyond a reasonable doubt
Vicarious representation
29. A constitutional protection against being tried twice for the same crime.
Motion in limine
Double jeopardy
Count
Answer
30. A computerized database that contains key information about the content of documents - such as medical records.
Charging the jury
Structured database
Shepardizing
Certified
31. A national paralegal association.
Digest
Judicial restraint
Subsequent case history
National Association of Legal Assistants (NALA) www.nala.org
32. A requirement that a party fulfill his or her contractual obligations.
Specific performance
Codification of the common law
Minor premise
Major premise
33. Information that can be presented in a court of law as proof of some fact.
Assumption
Evidence
Judgment
Injunction
34. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Derogation of the common law
Rule 56 motion (summary judgment motion)
Reverse
35. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Tenancy by the entirety
Practice of law
Exculpatory evidence
Expert witness
36. A court order authorizing a sheriff to take property in order to enforce a judgment.
Billable hours
Writ of execution
Nolo contendere
Transition
37. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Dissenting opinion
Contributory negligence
Legal writing
Answer
38. When the defendant does not have sufficient money or other assets to pay the judgment.
Reasonable suspicion
Judgment proof
Exigent circumstances
Majority opinion
39. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Execute
Potential conflict
Active Listening
Reversible error
40. The person who is being asked questions at a deposition.
Contingency fee
Nominal damages
Agent
Deponent
41. 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.
Search engine
Implied warranty of habitability
Arrest
Principle
42. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Res ipsa loquitur
No-knock warrant
Retreat exception
43. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Standing
Summons
Legal clinic
Pinpoint cite
44. The pleading that begins a lawsuit.
Affirmative defense
Mandatory authority
Complaint
Warrant
45. The judge informs the jurors of the law they need to know to make their decision.
Charging the jury
Official reporter
Subpoena
Retreat exception
46. A set of standardized jury instructions.
Doctrine of implied powers
Pattern jury instructions
Court of record
Affirmative defense
47. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Attorney-client privilege
Subpoena duces tecum
Expert witness
Deposition
48. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Federalism
Mandatory authority
Strict construction
49. Questions that suggest the answer.
Leading questions
Primary authority
Subsequent case history
Clearly erroneous
50. A request that the court prohibit the use of certain evidence at the trial.
Slip laws
Laws
Summons
Motion to suppress