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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 national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Strict construction
Writ of execution
Search engine
2. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
12(b)(6) motion
Annotated statutes
Mediation
Reasonable suspicion
3. A document that lists statements regarding specific items for the other party to admit or deny.
Structured database
Minimum contacts
Verdict
Request for admissions
4. An opinion that agrees with the majority's result but disagrees with the reasoning.
Count
Hearsay
Products liability
Concurring opinion
5. 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.
Challenge for cause
Practice of law
Legal clinic
Default judgment
6. An opinion that agrees with the majority's result but disagrees with its reasoning.
Proximate cause
Digest
Concurring opinion
Slip laws
7. Questions relating to the interpretation or application of the law.
Issue of first impression
Legal fiction
Product misuse
Questions of law
8. A set charge for a specific service - such as drafting a simple will.
Trial courts
Fixed Fee
Conflict of interest
Substantive facts
9. Establishes a direct link to the event that must be proven.
Contract
Direct evidence
Stare decisis
En banc
10. 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.
Affirm
Implied warranty of habitability
Invasion of Privacy
Restatement of the Law of Torts - Second
11. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Irresistible impulse test
Hypertext links
Holding
Retainer agreement
12. Generally accepted legal principles.
Legislative history
Black-letter law
Code of Federal Regulations (C.F.R.)
Direct examination
13. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Arraignment
Grand jury
Citation
Legal technician
14. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Case citation
Dissenting opinion
Harmless error
Arbitration
15. To perform.
Default judgment
Questions of fact
Substantial capacity test
Execute
16. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Open Questions
Issue of first impression
12(b)(6) motion
Retainer agreement
17. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Notice
Substantive law
U.S. district courts
On all fours
18. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Compulsory joinder
12(b)(6) motion
Shepardizing
Reverse
19. Court decisions from a higher court in the same jurisdiction.
Entrapment
Mandatory authority
Concluding paragraph
Default judgment
20. A request that the court prohibit the use of certain evidence at the trial.
Power of judicial review
Motion to suppress
Best evidence rule
Issue
21. Liability without having to prove fault.
Nominal damages
Appellate courts
Strict liability
Request for admissions
22. Cases that involve similar facts and rules of law.
Analogous cases
Paralegal
Substantive law
Fruit of the poisonous tree doctrine
23. A tangible object or a right or ownership interest.
Overrule
Pretrial motion
Limited jurisdiction
Property
24. Bad intent.
Criminal law
Landmark decision
Exculpatory evidence
Mens rea
25. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Open Questions
Reprimand or censure
Nolo contendere
Pleading in the alternative
26. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Statutory element
Negligence
Defendant
Reverse
27. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Prior case history
Case reporters
Challenge for cause
Stop and frisk
28. Written questions sent by one side to the opposing side - answered under oath.
Disbarment
Interrogatories
Concurrent conflict of interest
Annotated statutes
29. 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.
Preponderance of the evidence
Real or physical evidence
Citation
Popular name table
30. A witness who has not been shown to have any special expertise.
Exculpatory evidence
Statutes at large or session laws
Lay witness
Assumption of the risk
31. The status of having received a certificate documenting that the person has successfully completed an educational program.
Lay witness
Double jeopardy
Arrest
Certificated
32. The person who is being asked questions at a deposition.
Lay witness
Substantial capacity test
Search engine
Deponent
33. A meeting of the attorneys and the judge prior to the beginning of the trial.
Major premise
Attorney-client privilege
Pretrial conference
Booking
34. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Federal question jurisdiction
Miranda warnings
Notice
Standing
35. The opinion of a jury on a question of fact.
Code of Federal Regulations (C.F.R.)
Contract
M'Naghten test
Verdict
36. In a case brief - the general legal principle in existence before the case began.
Freelance Paralegal
Rule
Citation
Legal writing
37. The law itself - such as statutes and court opinions.
Direct examination
Codification of the common law
M'Naghten test
Primary authority
38. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Lay advocate
Potential conflict
Cause of action
Valid
39. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Judgment notwithstanding the verdict (judgment N.O.V.)
Motion in limine
Reasonable suspicion
Legislative history
40. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Freelance Paralegal
Class action suit
Recidivist
Legal writing
41. The power of a court to hear a particular type of case.
Pretrial motion
Contributory negligence
Diversity jurisdiction
Subject matter jurisdiction
42. The highest federal appellate court - consisting of nine appointed members.
Lay witness
U.S. Supreme Court
U.S. district courts
Unofficial reporter
43. The rule requiring that the original document be produced at trial.
Cause of action
Best evidence rule
Major premise
General jurisdiction
44. 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.
Subpoena
Substantial capacity test
Adverse possession
Restatement of the Law of Torts - Second
45. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Pocket part
Cross-examination
Judicial restraint
Unauthorized practice of law
46. A witness who possesses skill and knowledge beyond that of the average person.
Counterclaim
Beyond a reasonable doubt
Registration
Expert witness
47. A question that suggests the answer; generally - leading questions may not be asked during direct examination of a witness.
Double jeopardy
M'Naghten test
Legal Research
Leading question
48. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Joint tenancy
Diversity jurisdiction
Leading questions
Plain meaning
49. Specific questions that usually demand very short or yes-no answers.
Confidentiality
Principle
Closed Questions
Primary authority
50. A provision that purports to waive liability.
Legislative intent
Holding
Practice of law
Exculpatory clause