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Test your basic knowledge |
Paralegal 101
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Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
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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. The heading section of a pleading that contains the names of the parties - the name of the court - the title of the action - the docket or file number - and the name of the pleading.
Caption
Property
Overrule
International Paralegal Management Association (IPMA) www.paralegal management.org
2. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Double jeopardy
Lay advocate
Bail
3. Someone who has the power to act in the place of another.
Dictum
Professional judgment
Search engine
Agent
4. The law itself - such as statutes and court opinions.
Dismissal with prejudice
Primary authority
Official reporter
Defendant
5. A provision that purports to waive liability.
Exclusive jurisdiction
Exculpatory clause
Notice
Property law
6. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Judicial activism
Legislative history
Answer
Intellectual Property
7. A set charge for a specific service - such as drafting a simple will.
Mediation
Battery
Fixed Fee
Search engine
8. The questioning of your own witness.
Concurrent jurisdiction
Direct examination
Primary authority
Slip laws
9. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Administrative law
Guardian
Writ of execution
Procedural facts
10. Establishes a direct link to the event that must be proven.
Judgment notwithstanding the verdict (judgment N.O.V.)
Stop and frisk
Direct evidence
Professional judgment
11. Money is awarded to a plaintiff in payment for his or her actual losses.
Appellate or petitioner
Cumulative evidence
Compensatory damages
No-knock warrant
12. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Compensatory damages
Affirm
Vicarious representation
Request for admissions
13. The new legal principle established by a court opinion.
Judgment proof
Holding
Appellee or respondent
Mediation
14. 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.
Overbreadth
Legal services offices
Judgment notwithstanding the verdict (judgment N.O.V.)
Probable cause
15. 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.
Evidence
Appellant or petitioner
Double jeopardy
Implied warranty of habitability
16. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Federalism
Valid
Attorney-client privilege
Standing
17. An opinion that disagrees with the majority's decision and its reasoning.
Dissenting opinion
Confidentiality
General jurisdiction
Persuasive authority
18. Indirect evidence - used to prove facts by implication.
No-knock warrant
Circumstantial evidence
Deposition
Indictment
19. A witness who possesses skill and knowledge beyond that of the average person.
Agent
Intentional tort
Procedural law
Expert witness
20. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Third-party claim
Diversity jurisdiction
Tenancy by the entirety
Strict liability
21. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Landmark decision
Black-letter law
Comparative negligence
Reverse
22. A case listed in Shepard's that cites your case.
Citing case
Interrogatories
Dismissal with prejudice
Narrow Holding
23. The party in a case who has initiated an appeal.
Tickler System
Appellate or petitioner
Pattern jury instructions
Deponent
24. When a higher court agrees with what lower court has done.
Standing
Pinpoint cite
Procedural facts
Affirm
25. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Issue
Entrapment
Certified
Unofficial reporter
26. The power of a court to hear a particular type of case.
Bill of Rights
Real Property
Proximate cause
Subject matter jurisdiction
27. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Reverse
Real or physical evidence
Compulsory joinder
Analogous cases
28. A person who initiates a lawsuit.
Plaintiff
Paralegal
Exculpatory evidence
Transition
29. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Disposition
Annotated statutes
Mediation
False imprisonment
30. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Court of record
Official reporter
Landmark decision
Subpoena
31. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Active Listening
Actual cause
Substantive facts
Federal question jurisdiction
32. The failure to act reasonably under the circumstances.
Negligence
Equity
American Association for Paralegal Education (AAfPE) www.aafpe.org
Common law
33. A business run by two or more persons as co-owners.
Entrapment
Eminent Domain
Partnership
Legal fiction
34. Questions relating to what happened: who - what - when - where - and how.
Codification of the common law
Questions of fact
U.S. Court of Appeals
Substantial capacity test
35. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Exhaustion of administrative remedies
Preponderance of the evidence
Potential conflict
36. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
No-knock warrant
Count
Property
Comparative negligence
37. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Property law
Verification
Westlaw
Summary jury trials
38. A reason for invalidating a statute where it covers both protected and criminal activity.
Broad holding
Legal fiction
Client trust account
Overbreadth
39. A tangible object or a right or ownership interest.
Federalism
Damages
Request for admissions
Property
40. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Compensatory damages
Potential conflict
Damages
Testimonial evidence
41. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Legal clinic
Proving a case within a case
Prima facie case
Statute
42. The failure to act reasonably under the circumstances.
Distinguishable cases
Open Questions
Direct evidence
Negligence
43. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Appellant or petitioner
Contributory negligence
Arraignment
Substantive law
44. The power of government to take private property for public purposes.
Leading questions
Contributory negligence
Eminent Domain
Warrant
45. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Writ of habeas corpus
Affirmative defense
Citation
Exclusionary rule
46. A court opinion that establishes new law in an important area.
Open Questions
Intellectual Property
Popular name table
Landmark decision
47. Generally - an emergency situation that allows a search to proceed without a warrant.
Overbreadth
Cross-claim
Preponderance of the evidence
Exigent circumstances
48. The rule requiring that the original document be produced at trial.
Respondeat superior
Best evidence rule
Unauthorized practice of law
Legal fiction
49. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Stop and frisk
Entrapment
Legislative intent
Pretrial conference
50. Consists of records - contracts - leases - wills - and other written instruments.
Criminal law
Documentary evidence
Preponderance of the evidence
Rule
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