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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. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Pleading in the alternative
Restatement of the Law of Torts - Second
Verification
Appellate or petitioner
2. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Defendant
Mediation
Legal fiction
Assault
3. A constitutional protection against being tried twice for the same crime.
Persuasive authority
Leading questions
Assumption of the risk
Double jeopardy
4. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Remedial statute
Appellee or respondent
Motion to suppress
Separation of powers
5. Cases that involve different facts and/or rules of law.
Structured database
Counterclaim
Stop and frisk
Distinguishable cases
6. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Ethical wall or screen or cone of silence
Practice of law
Power of judicial review
Reverse
7. A statement in a judicial opinion not necessary for the decision of the case.
Mandatory authority
Certified
Directed verdict
Dictum
8. A book that contains court opinion headnotes arranged by subject matter.
Constructive eviction
Digest
Judicial review
Voir dire
9. A person who permits or directs another person to act on the principal's behalf.
Principle
Jurisdiction
Strict liability
Deponent
10. A calendering system that records key dates and important deadlines.
Tickler System
Personal jurisdiction
Appellee or respondent
Substantive law
11. The opinion of a jury on a question of fact.
Verdict
Implied warranty of habitability
Cumulative evidence
Broad holding
12. Law that creates rights and duties.
Substantive law
Transition
Concurring opinion
Narrow Holding
13. A defense whereby the defendant offers new evidence to avoid judgment.
Cause of action
Intentional tort
Arraignment
Affirmative defense
14. A court order authorizing a sheriff to take property in order to enforce a judgment.
Active Listening
Persuasive authority
American Association for Paralegal Education (AAfPE) www.aafpe.org
Writ of execution
15. A person who initiates a lawsuit.
Minimum contacts
U.S. district courts
Legal Reasoning
Plaintiff
16. The pretrial oral questioning of a witness under oath.
Actual cause
Lay a foundation
Inculpatory evidence
Deposition
17. The failure to act reasonably under the circumstances.
Concurrent jurisdiction
Summons
Real Property
Negligence
18. A document that lists statements regarding specific items for the other party to admit or deny.
Request for admissions
Code of Federal Regulations (C.F.R.)
Partnership
Principle
19. The rule requiring that the original document be produced at trial.
Competency
Statute of limitations
Best evidence rule
Retainer
20. Indirect evidence - used to prove facts by implication.
Entrapment
Circumstantial evidence
Inculpatory evidence
Appellate brief
21. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Doctrine of implied powers
Successive conflict of interest
Model Rules of Professional Conduct
Affirm
22. A computerized database that contains key information about the content of documents - such as medical records.
Unofficial reporter
Structured database
Constitutional law
Proximate cause
23. When an appellate court overturns or negates the decision of a lower court.
Concurring opinion
Analogous cases
Pocket part
Reverse
24. An actual incident or condition; not a legal consequence.
Narrow Holding
Fact
Hourly rate
Open Questions
25. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Judgment proof
Questions of fact
Testimonial evidence
26. When an appellate court that normally sits in panels sits as a whole.
En banc
Duress
Legal Research
Syllabus
27. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Proximate cause
Duress
Proving a case within a case
Freelance Paralegal
28. 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.
Popular name table
Comparative negligence
Legal clinic
Caption
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.
Deductive reasoning
Preponderance of the evidence
Jurisdiction
Corroborative evidence
30. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Summons
Real property
Motion
Expert witness
31. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Damages
Partnership
Proving a case within a case
Necessity
32. 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.
Remedial statute
Probable cause
Lay advocate
Personal recognizance bond
33. The publication of false statements that harm a person's reputation.
Indictment
Self-defense
Personal jurisdiction
Defamation
34. The process of finding the law.
Annotated statutes
Reverse
Rule
Legal Research
35. The power of a court to hear a particular type of case.
Tenancy in common
Subject matter jurisdiction
Writ of habeas corpus
Strict liability
36. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Professional Corporation (PC)
Search engine
Appellate brief
37. A set of standardized jury instructions.
No-knock warrant
Contributory negligence
Cross-claim
Pattern jury instructions
38. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Code of Federal Regulations (C.F.R.)
Service
Joint tenancy
Slip laws
39. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Writ of habeas corpus
Successive conflict of interest
Road Map paragraph
Limited liability partnership (LLP)
40. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Minimum contacts
Competency
Judicial restraint
Shepardizing
41. Consists of records - contracts - leases - wills - and other written instruments.
Verification
Documentary evidence
Headnote
Statute in derogation of the common law
42. The party in a case against whom an appeal has been filed.
Clearly erroneous
Unauthorized practice of law
Appellee or respondent
Client trust account
43. The power of a court to force a person to appear before it.
Void for vagueness
Strict liability
Personal jurisdiction
Personal recognizance bond
44. Generally accepted legal principles.
Road Map paragraph
Exclusive jurisdiction
Holding
Black-letter law
45. A national voluntary organization of lawyers.
Syllabus
Valid
Professional Corporation (PC)
American Bar Association (ABA) www.abanet.org
46. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Federal question jurisdiction
Reverse
Retainer agreement
47. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Direct evidence
Appellant or petitioner
Dictum
48. A trial court error that is not sufficient to warrant reversing the decision.
Product misuse
Tenancy in common
Transition
Harmless error
49. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Nominal damages
Summons
Deposition
Procedural facts
50. The power of a court to hear a case.
Jurisdiction
Appellant or petitioner
Competency
Alternative dispute resolution (ADR)