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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.
Exclusive jurisdiction
Headnote
Pleading in the alternative
Client trust account
2. A court's prior permission for the police to search and seize.
Persuasive authority
Paralegal
Personal jurisdiction
Warrant
3. A claim by the defendant against the plaintiff.
Minimum contacts
Implied warranty of habitability
Counterclaim
Relevancy
4. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
U.S. Supreme Court
Exculpatory clause
Westlaw
Interrogatories
5. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Legal services offices
Trial courts
Proving a case within a case
Contributory negligence
6. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Contract
Client trust account
Entrapment
Proximate cause
7. A national association of paralegal managers.
Legal fiction
Retainer
Real property
International Paralegal Management Association (IPMA) www.paralegal management.org
8. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
Standing
Documentary evidence
Remand
Slip laws
9. A defendant's personal promise to appear in court.
Codification of the common law
Recidivist
Appellate or petitioner
Personal recognizance bond
10. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Verdict
American Association for Paralegal Education (AAfPE) www.aafpe.org
Preemption
11. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Consideration
Judgment notwithstanding the verdict (judgment N.O.V.)
Rule
Judicial review
12. Proof that the evidence is what it is said to be.
Authentication
Federal question jurisdiction
Overrule
Holding
13. A witness who has not been shown to have any special expertise.
Hearsay
Remand
Lay witness
Secondary authority
14. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Plain meaning
Unauthorized practice of law
Challenge for cause
Certificated
15. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Closed Questions
Questions of law
Syllabus
Exclusionary rule
16. The first ten amendments to the U.S. Constitution.
Third-party claim
Bill of Rights
Verdict
Common law
17. A form in which statutes are published; they are printed individually at the time they are first enacted.
Contingency Fee
Slip laws
Entrapment
Limited jurisdiction
18. 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
Subpoena duces tecum
Diversity jurisdiction
Professional Corporation (PC)
Questions of fact
19. A person who initiates an appeal.
Appellant or petitioner
Recidivist
Battered woman's or spouse's syndrome
Trial courts
20. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Retainer agreement
Enabling act
Evidence
Subsequent case history
21. Liability without having to prove fault.
Legal Reasoning
Strict liability
Analogous cases
Compensatory damages
22. 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.
Rule
Legal technician
Lay a foundation
Actual cause
23. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Easement
Exclusionary rule
Lay a foundation
24. 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.
Writ of habeas corpus
Writ of execution
Legislative history
Intellectual Property
25. A trial conducted without a jury.
Proximate cause
Bench trial
Class action suit
National Federation of Paralegal Associations (NFPA) www.paralegals.org
26. 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.
Void for vagueness
Limited liability partnership (LLP)
Guardian
Contract
27. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Exhaustion of administrative remedies
Strict construction
Alternative dispute resolution (ADR)
Billable hours
28. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Challenge for cause
Class action suit
Codification
Partnership
29. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Popular name table
Issue
Lay advocate
Booking
30. Specific questions that usually demand very short or yes-no answers.
Affirm
Billable hours
Closed Questions
Directed verdict
31. Violation of a statute as proof of negligence
Discovery
Negligence per se
Pleadings
Legal technician
32. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Negligence
Strict liability
Tenancy in common
33. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Reverse
Slip laws
Notice pleading
Inculpatory evidence
34. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Vicarious representation
Broad holding
Respondeat superior
Necessity
35. The pretrial oral questioning of a witness under oath.
Slip laws
Deposition
Damages
Certificated
36. A trial court error that is not sufficient to warrant reversing the decision.
Motion
Strict liability
Full-text database
Harmless error
37. Someone who has the power to act in the place of another.
Answer
Booking
Conflict of interest
Agent
38. A pamphlet inserted into the back of a book containing information new since the volume was published.
Issue of first impression
Pocket part
Clear and convincing
Legislative intent
39. A court opinion that establishes new law in an important area.
Landmark decision
Bench trial
Rules of criminal procedure
Answer
40. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Service
Actus rea
Judgment
Subsequent case history
41. A meeting of the attorneys and the judge prior to the beginning of the trial.
Mandatory authority
Disbarment
Headnote
Pretrial conference
42. A determination that an attorney may not practice law for a set period of time.
Suspension
Regulation
Freelance Paralegal
Limited jurisdiction
43. 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.
Major premise
Original jurisdiction
Statute of limitations
Limited jurisdiction
44. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Contingency Fee
Rules of evidence
Federalism
45. A summary of one legal point in a court opinion; written by the editors at West.
Res ipsa loquitur
Issue
Contract
Headnote
46. Money is awarded to a plaintiff in payment for his or her actual losses.
Assumption of the risk
Removal
Compensatory damages
Lay witness
47. An issue that the court has never faced before.
Affirm
Indictment
Issue of first impression
Nolo contendere
48. A statute that changes the common law.
Invasion of Privacy
Stare decisis
Statute in derogation of the common law
Notice
49. When a judge formally recognizes something as being a fact without requiring the attorneys prove it through the introduction of other evidence.
Judicial notice
Full-text database
Certified
Summons
50. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Injunction
Clearly erroneous
Reverse
Constitutional law