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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. Including more than one count in a complaint; the counts do not need to be consistent.
Bail
Direct evidence
Verdict
Pleading in the alternative
2. When the defendant does not have sufficient money or other assets to pay the judgment.
Popular name table
Evidence
Leading question
Judgment proof
3. When only one court has the power to hear a case.
Exclusive jurisdiction
Property law
Constructive
Code of Federal Regulations (C.F.R.)
4. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
U.S. Supreme Court
Verification
Bailment
Contributory negligence
5. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Interrogatories
Dissenting opinion
Fixed Fee
6. The general jurisdiction trial courts in the federal system.
U.S. district courts
Strict liability
Limited jurisdiction
Issue
7. A compilation of federal administrative regulations arranged by agency.
Certificated
Headnote
Holding
Code of Federal Regulations (C.F.R.)
8. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
U.S. Supreme Court
Headnote
Pleading in the alternative
9. A case listed in Shepard's that cites your case.
Citing case
Jurisdiction
Verdict
Confidentiality
10. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Plea bargaining
Dissenting opinion
Billable hours
Professional Corporation (PC)
11. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Reverse
Criminal law
Deponent
12. The modern pretrial procedure by which one party gains information from the adverse party.
Writ of execution
Double jeopardy
Discovery
Voir dire
13. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Restatement of the Law of Torts - Second
Suspension
Vicarious representation
14. Proof that the evidence is what it is said to be.
Authentication
Materiality
American Bar Association (ABA) www.abanet.org
Legal clinic
15. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Power of judicial review
Tort law
Bailment
16. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Citation
Jurisdiction
Pinpoint cite
Booking
17. The status of having received a certificate documenting that the person has successfully completed an educational program.
Exigent circumstances
Certificated
Intellectual Property
Contributory negligence
18. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Attorney-client privilege
Structured database
Common law
Joint tenancy
19. Cases that involve different facts and/or rules of law.
Arraignment
Distinguishable cases
Issue
Trial courts
20. The court's power to review statutes to decide whether they conform to the Constitution.
Code of Federal Regulations (C.F.R.)
Irresistible impulse test
Judicial review
Plain view doctrine
21. Establishes a direct link to the event that must be proven.
Direct evidence
Federalism
Judicial notice
Contributory negligence
22. Generally accepted legal principles.
Federalism
Black-letter law
Reverse
Probable cause
23. 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.
Count
Deductive reasoning
Pleading in the alternative
Implied warranty of habitability
24. The failure to act reasonably under the circumstances.
Invasion of Privacy
Mediation
Negligence
Legal technician
25. A worldwide network of computer networks.
Structured database
Booking
Internet
Default judgment
26. Any tangible object - like a bloody glove.
Restatement of the Law of Torts - Second
Beyond a reasonable doubt
Real or physical evidence
Service
27. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Necessity
Statutes at large or session laws
Strict construction
Constructive eviction
28. A provision that purports to waive liability.
Pleadings
Arraignment
Evidence
Exculpatory clause
29. Evidence that suggests the defendant's guilt.
Charging the jury
Pleadings
Reasonable suspicion
Inculpatory evidence
30. Law that deals with harm to society as a whole.
Criminal law
Interrogatories
Reprimand or censure
Duress
31. Being informed of some act done or about to be done.
Execute
Notice
Court of record
Request for admissions
32. 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.
Exclusive jurisdiction
Power of judicial review
Guardian
Retainer agreement
33. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Federalism
Deductive reasoning
Canons of construction
34. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Persuasive authority
Beyond a reasonable doubt
Necessity
Verification
35. 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
Discovery
Documentary evidence
Personal recognizance bond
36. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
International Paralegal Management Association (IPMA) www.paralegal management.org
Double jeopardy
Enabling act
37. All property that is not real property.
On point
Constructive
Necessity
Personal property
38. Specific questions that usually demand very short or yes-no answers.
Direct evidence
Closed Questions
Headnote
Federal question jurisdiction
39. Also known as real estate; land and items growing on or permanently attached to that land.
Exhaustion of administrative remedies
Real Property
Professional Corporation (PC)
Statutes of limitations
40. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Prior case history
Doctrine of implied powers
Unofficial reporter
per curium
41. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
M'Naghten test
Pretrial motion
Affirm
Compensatory damages
42. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Case citation
Insanity defense
Punitive damages
43. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Distinguishable cases
Legal technician
Paralegal
Intellectual Property
44. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Specific performance
Bench trial
Reverse
Legal malpractice
45. An opinion that agrees with the majority's result but disagrees with its reasoning.
Pinpoint cite
Compensatory damages
Canons of construction
Concurring opinion
46. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Overbreadth
Preemption
Reverse
Pretrial conference
47. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Codification of the common law
Full-text searches
Request for admissions
Clear and convincing
48. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Pretrial motion
Full-text database
Product misuse
Open Questions
49. An approach whereby the courts give a statute a narrow interpretation.
Structured database
Unauthorized practice of law
Strict construction
Restatement of the Law of Torts - Second
50. A right to use property owned by another for a limited purpose.
Unofficial reporter
Easement
American Association for Paralegal Education (AAfPE) www.aafpe.org
Reverse