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Test your basic knowledge |
Paralegal 101
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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. Questions that suggest the answer.
Proximate cause
Recidivist
Secondary authority
Leading questions
2. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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3. Representing someone who is in a position adverse to a prior client.
Successive conflict of interest
Guardian
Separation of powers
Retainer
4. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Plaintiff
Peremptory challenge
Actual cause
Default judgment
5. Rules of conduct promulgated and enforced by the government.
Closed Questions
Laws
Intellectual Property
Deponent
6. General principles that guide the courts in their interpretation of statutes.
Clearly erroneous
Beyond a reasonable doubt
Canons of construction
Evidence
7. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Exclusive jurisdiction
Tenancy by the entirety
Treatment
Duress
8. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Civil law
International Paralegal Management Association (IPMA) www.paralegal management.org
Remedial statute
Ethical wall or screen or cone of silence
9. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Strict construction
Affirmative defense
Hypertext links
Writ of certiorari
10. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Authentication
Testimonial evidence
Majority opinion
Motion for a new trial
11. A request that the court release the defendant because of the illegality of the incarceration.
Writ of habeas corpus
Remedial statute
Digest
Comparative negligence
12. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Shepardizing
Jurisdiction
U.S. Court of Appeals
Summons
13. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Reverse
Vicarious representation
Jurisdiction
Summary jury trials
14. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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15. A person who permits or directs another person to act on the principal's behalf.
Execute
Principle
Appellate or petitioner
Assumption
16. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Defendant
Vicarious representation
Affirmative defense
Limited jurisdiction
17. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Confidentiality
Summons
Limited liability partnership (LLP)
Complaint
18. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Alternative dispute resolution (ADR)
Product misuse
Cause of action
per curium
19. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Concurring opinion
Black-letter law
Comparative negligence
Subpoena
20. 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.
Summary jury trials
Direct evidence
Registration
Irresistible impulse test
21. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Procedural law
Appellee or respondent
Statutes of limitations
Guardian
22. The power of a court to force a person to appear before it.
Transition
Real or physical evidence
Affirmative defense
Personal jurisdiction
23. A worldwide network of computer networks.
Internet
Counterclaim
Confidentiality
Nominal damages
24. The new legal principle established by a court opinion.
Persuasive authority
Real property
Reverse
Holding
25. In a case brief - the general legal principle in existence before the case began.
Rule
Administrative law
Constitutional law
Holding
26. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Subsequent case history
Bail
Case reporters
Legislative intent
27. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Contributory negligence
Plaintiff
Mistrial
Subject matter jurisdiction
28. The transfer of a case from one state court to a federal court.
Holding
Plain view doctrine
Product misuse
Removal
29. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Appellee or respondent
Major premise
Legal technician
Duress
30. Simultaneously representing adverse clients.
Concurrent conflict of interest
Freelance Paralegal
Actual cause
Mandatory authority
31. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
International Paralegal Management Association (IPMA) www.paralegal management.org
Valid
Pocket part
Testimonial evidence
32. Law that regulates how the legal system operates.
Deductive reasoning
Pattern jury instructions
Potential conflict
Procedural law
33. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Lay advocate
Client trust account
Dismissal with prejudice
Stare decisis
34. A computerized database that contains key information about the content of documents - such as medical records.
Structured database
Judicial restraint
Rule
Court of record
35. Law that deals with harm to society as a whole.
Distinguishable cases
Criminal law
Lexis
Exhaustion of administrative remedies
36. A separable part of a statute that must be satisfied for the statute to apply.
Registration
Judgment proof
Statutory element
Liberal construction
37. A requirement that a party fulfill his or her contractual obligations.
Real or physical evidence
Specific performance
Federalism
Exclusive jurisdiction
38. Also known as cause in fact - this is measured by the 'but for' standard: But for the defendant's actions - the plaintiff would not have been injured.
M'Naghten test
Official reporter
Actual cause
Exigent circumstances
39. Law that creates rights and duties.
Implied warranty of habitability
American Bar Association (ABA) www.abanet.org
Substantive law
Removal
40. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Proximate cause
Rule 56 motion (summary judgment motion)
Motion to suppress
Writ of execution
41. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Plain view doctrine
Competency
Motion to suppress
42. The failure to act reasonably under the circumstances.
Hypertext links
Legal technician
Respondeat superior
Negligence
43. A case listed in Shepard's that cites your case.
Motion to suppress
Citing case
Battered woman's or spouse's syndrome
Disposition
44. 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
Judgment
Rule 56 motion (summary judgment motion)
Agent
45. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Personal property
Exculpatory evidence
Products liability
Nominal damages
46. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Self-defense
Restrictive covenant
Assumption
47. Relates to the ability of a witness to testify; generally - the witness must be capable of being understood by the jury; must understand the duty to tell the truth; and if a lay witness - must give testimony based on personal knowledge.
Statute of limitations
Compulsory joinder
False imprisonment
Competency
48. Generally accepted legal principles.
Black-letter law
Enabling act
Full-text database
Quiet enjoyment
49. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Third-party claim
Challenge for cause
Stop and frisk
Judgment proof
50. The rules whereby all members of a law firm are treated as though they had represented the former client.
Vicarious representation
Statute of limitations
Retainer agreement
Recidivist
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