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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 defendant's personal promise to appear in court.
Fixed Fee
Tort law
Compulsory joinder
Personal recognizance bond
2. A defense requiring proof that the defendant was not mentally responsible.
Affirmative defense
Substantive law
Concurrent jurisdiction
Insanity defense
3. A law enacted by a state legislature or by Congress.
Contingency Fee
Statute
Res ipsa loquitur
Enabling act
4. Law dealing with ownership.
Distinguishable cases
Property law
Indictment
Reversible error
5. Simultaneously representing adverse clients.
Federalism
Concurrent conflict of interest
Lexis
Exculpatory clause
6. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Lay witness
Subsequent case history
Self-defense
Road Map paragraph
7. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Mistrial
Contingency Fee
Subpoena duces tecum
Case reporters
8. Federal and state rules that govern the admissibility of evidence in court.
Clearly erroneous
Rules of evidence
Contract
Federal question jurisdiction
9. An actual incident or condition; not a legal consequence.
Discovery
Retainer agreement
U.S. Court of Appeals
Fact
10. 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.
Retainer agreement
Preponderance of the evidence
Battered woman's or spouse's syndrome
Arbitration
11. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Quiet enjoyment
Notice pleading
Tenancy in common
U.S. Court of Appeals
12. A case listed in Shepard's that cites your case.
Citing case
Nominal damages
Irresistible impulse test
Exclusive jurisdiction
13. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Rule 56 motion (summary judgment motion)
Affirmative defense
Plaintiff
14. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Federalism
Certificated
Contingency Fee
15. An opinion that agrees with the majority's result but disagrees with its reasoning.
Transition
Concurring opinion
Lay advocate
Third-party claim
16. The modern pretrial procedure by which one party gains information from the adverse party.
Battery
Restatement of the Law of Torts - Second
Attorney-client privilege
Discovery
17. Someone who has the power to act in the place of another.
Direct examination
Reprimand or censure
Probable cause
Agent
18. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Headnote
Dictum
Remedial statute
U.S. Supreme Court
19. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Assault
Lay advocate
Bench trial
20. Law that deals with harm to a person or a person's property.
Inculpatory evidence
Mens rea
Subpoena
Tort law
21. A set of standardized jury instructions.
Intellectual Property
Vicarious representation
Pattern jury instructions
Slip laws
22. When the defendant does not have sufficient money or other assets to pay the judgment.
Overrule
Issue
Judgment proof
Codification of the common law
23. Disregarding a substantial and unjustifiable risk that harm will result.
Remedial statute
Code of Federal Regulations (C.F.R.)
Recklessness
American Bar Association (ABA) www.abanet.org
24. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Writ of habeas corpus
Eminent Domain
Certified
Defendant
25. 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.
Prima facie case
Constructive
Appellate or petitioner
Exculpatory clause
26. A witness who has not been shown to have any special expertise.
Warrant
Lay witness
En banc
Double jeopardy
27. An agreement supported by consideration.
Leading questions
Contract
Separation of powers
Fact
28. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Statutory element
Ethical wall or screen or cone of silence
Bail
National Federation of Paralegal Associations (NFPA) www.paralegals.org
29. Liability without having to prove fault.
Strict liability
Concurrent jurisdiction
Third-party claim
Legal clinic
30. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Annotated statutes
Suspension
Mediation
Entrapment
31. Law that regulates how the legal system operates.
Evidence
Insanity defense
Procedural law
Popular name table
32. A national association of paralegal managers.
Dismissal with prejudice
International Paralegal Management Association (IPMA) www.paralegal management.org
Counterclaim
Disposition
33. A court order requiring a party to perform a specific act or to cease doing a specific act.
Booking
Exclusive jurisdiction
Corroborative evidence
Injunction
34. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Evidence
Pleading in the alternative
Reprimand or censure
35. A person who permits or directs another person to act on the principal's behalf.
On all fours
Principle
Subpoena
Battery
36. An opinion that agrees with the majority's result but disagrees with the reasoning.
Default judgment
Concurring opinion
Questions of fact
American Bar Association (ABA) www.abanet.org
37. Federal and state rules that regulate how criminal proceedings are conducted.
Cross-claim
Rules of criminal procedure
Exclusive jurisdiction
Testimonial evidence
38. Occurs when the police restrain a person's freedom and charge the person with a crime.
Clearly erroneous
Statutes of limitations
Arrest
Code
39. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Judgment notwithstanding the verdict (judgment N.O.V.)
Exclusionary rule
Irresistible impulse test
Procedural law
40. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Challenge for cause
Search engine
Popular name table
Bailment
41. 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 a foundation
Hourly rate
Remand
42. An opinion in which a majority of the court joins.
Remand
Products liability
Majority opinion
Slip laws
43. Monetary compensation - including compensatory - punitive - and nominal damages.
Double jeopardy
Harmless error
Treatment
Damages
44. A request that the court prohibit the use of certain evidence at the trial.
Implied warranty of habitability
Motion to suppress
Popular name table
Retainer agreement
45. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Contingency fee
Legal Reasoning
Plain view doctrine
Bailment
46. A statement in a judicial opinion not necessary for the decision of the case.
Verdict
Appellee or respondent
Dictum
Pocket part
47. The failure of an attorney to act reasonably.
Legal malpractice
Guardian
Strict construction
Contributory negligence
48. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Recklessness
Legal Research
Full-text searches
Remand
49. 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.
Summons
Practice of law
Legal malpractice
Irresistible impulse test
50. The questioning of an opposing witness.
Legal clinic
Cross-examination
Lay a foundation
Client trust account