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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. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Leading questions
Nominal damages
Negligence per se
2. The pretrial oral questioning of a witness under oath.
Vicarious representation
Deposition
Reverse
Certified
3. The law itself - such as statutes and court opinions.
Doctrine of implied powers
Concluding paragraph
Primary authority
Punitive damages
4. A computerized database that contains the full text of documents - such as court opinions or depositions.
Concluding paragraph
Issue
Counterclaim
Full-text database
5. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Exculpatory evidence
Active Listening
Strict liability
6. Law dealing with ownership.
Bench trial
Battered woman's or spouse's syndrome
Property law
Concurrent jurisdiction
7. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Certificated
Shepardizing
Probable cause
Secondary authority
8. A provision that purports to waive liability.
Questions of fact
Dissenting opinion
Holding
Exculpatory clause
9. A statement in a judicial opinion not necessary for the decision of the case.
Compensatory damages
Dictum
Case reporters
National Federation of Paralegal Associations (NFPA) www.paralegals.org
10. The power of a court to hear a case.
General jurisdiction
Billable hours
Jurisdiction
Lexis
11. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Judicial restraint
Confidentiality
Judgment
Notice
12. A national organization of paralegal programs that promotes high standards for paralegal education.
On point
Full-text searches
Battery
American Association for Paralegal Education (AAfPE) www.aafpe.org
13. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Indictment
Common law
Westlaw
Civil law
14. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
National Association of Legal Assistants (NALA) www.nala.org
Verification
Retainer
Criminal law
15. The questioning of your own witness.
Property
Direct examination
Statute in derogation of the common law
Citation
16. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Lexis
Constitutional law
Affirmative defense
Respondeat superior
17. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
American Association for Paralegal Education (AAfPE) www.aafpe.org
Jurisdiction
Court of record
18. Something of value exchanged to form the basis of a contract.
Nolo contendere
Consideration
Pattern jury instructions
Preemption
19. A national voluntary organization of lawyers.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Preponderance of the evidence
En banc
American Bar Association (ABA) www.abanet.org
20. The failure to act reasonably under the circumstances.
Minor premise
Bill of Rights
Negligence
U.S. Supreme Court
21. 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.
Questions of fact
Comparative negligence
Loislaw
Void for vagueness
22. The judge informs the jurors of the law they need to know to make their decision.
Fact
Pattern jury instructions
Criminal law
Charging the jury
23. Information about the law - such as that contained in encyclopedias and law review articles.
Case reporters
Secondary authority
Canons of construction
Battery
24. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Suspension
Materiality
Popular name table
25. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Relevancy
Dissenting opinion
Entrapment
Black-letter law
26. An opinion in which a majority of the court joins.
Defamation
Majority opinion
On all fours
Legal Reasoning
27. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Paralegal
Equity
Retainer agreement
Issue
28. A meeting of the attorneys and the judge prior to the beginning of the trial.
Pretrial conference
Personal jurisdiction
Comparative negligence
Principle
29. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Warrant
Mandatory authority
Tenancy by the entirety
Plain meaning
30. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Westlaw
Administrative law
Relevancy
31. An agreement supported by consideration.
Consideration
Entrapment
Contract
Res ipsa loquitur
32. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Cause of action
Legal malpractice
Appellate or petitioner
33. The power of a court to hear a case.
Jurisdiction
Contingency Fee
Expert witness
Lay a foundation
34. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Execute
Assumption
Ethical wall or screen or cone of silence
Freelance Paralegal
35. A person who permits or directs another person to act on the principal's behalf.
Exculpatory evidence
Reverse
Hourly rate
Principle
36. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Relevancy
Summary jury trials
Majority opinion
Common law
37. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Mandatory authority
Products liability
Easement
Dictum
38. In a case brief - the rule of law applied to the case's specific facts.
Appellate or petitioner
Counterclaim
Issue
Default judgment
39. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Rule 56 motion (summary judgment motion)
Double jeopardy
Full-text searches
Conflict of interest
40. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Remand
Court of record
Cross-claim
Compulsory joinder
41. Establishes a direct link to the event that must be proven.
Legal Reasoning
Direct evidence
Contributory negligence
Arrest
42. The revocation of an attorney's license.
Verification
Jurisdiction
Disbarment
Code
43. The power of a court to force a person to appear before it.
Implied warranty of habitability
Personal jurisdiction
Trial courts
Issue
44. The power of government to take private property for public purposes.
Unofficial reporter
Hearsay
Eminent Domain
Statutory element
45. An opinion that disagrees with the majority's decision and its reasoning.
Subpoena
Lay witness
Mediation
Dissenting opinion
46. The general jurisdiction trial courts in the federal system.
Pretrial motion
Derogation of the common law
Counterclaim
U.S. district courts
47. When an appellate court overturns or negates the decision of a lower court.
Plaintiff
Ejusdem generis
Fruit of the poisonous tree doctrine
Reverse
48. The educated ability to apply law to specific facts.
Notice
Professional judgment
Negligence
Subsequent case history
49. The party in a case who has initiated an appeal.
Appellate or petitioner
Shepardizing
Verification
On all fours
50. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Internet
Certified
Negligence