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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. The process of organizing statutes by subject matter.
Specific performance
Codification
Judicial review
Restrictive covenant
2. 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.
Subject matter jurisdiction
Nominal damages
Guardian
Rule
3. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Hypertext links
Landmark decision
Mandatory authority
Principle
4. A court's power to hear only specialized cases.
Limited jurisdiction
Product misuse
Distinguishable cases
American Association for Paralegal Education (AAfPE) www.aafpe.org
5. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Notice
Digest
Original jurisdiction
Peremptory challenge
6. When more than one court has jurisdiction to hear a case.
Headnote
Constitutional law
Substantive law
Concurrent jurisdiction
7. Consists of records - contracts - leases - wills - and other written instruments.
Civil law
Irresistible impulse test
Documentary evidence
Personal jurisdiction
8. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Slip laws
Unofficial reporter
Appellate courts
Majority opinion
9. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Federal question jurisdiction
Legal fiction
Legal services offices
Federalism
10. 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.
Caption
Specific performance
Tenancy in common
Treatment
11. The justified use of force to protect oneself or others.
Holding
Clear and convincing
Full-text database
Self-defense
12. A reason for invalidating a statute where it covers both protected and criminal activity.
Slip laws
Evidence
Overbreadth
Service
13. Being informed of some act done or about to be done.
Bail
Plain view doctrine
Narrow Holding
Notice
14. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Expert witness
Overbreadth
Pinpoint cite
Tenancy in common
15. A form in which statutes are published; they are printed individually at the time they are first enacted.
Restrictive covenant
Limited jurisdiction
Slip laws
Full-text searches
16. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Lay advocate
American Association for Paralegal Education (AAfPE) www.aafpe.org
Headnote
Challenge for cause
17. 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.
Warrant
Harmless error
Lay a foundation
Implied warranty of habitability
18. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Product misuse
Class action suit
Active Listening
Legal malpractice
19. 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.
Probable cause
Stop and frisk
False imprisonment
Entrapment
20. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Statute of limitations
Appellee or respondent
Rules of evidence
21. When the defendant does not have sufficient money or other assets to pay the judgment.
Retreat exception
Warrant
Class action suit
Judgment proof
22. Summary of one legal point in a court opinion; written by the editors at West.
Headnote
False imprisonment
Writ of execution
Appellant or petitioner
23. The process of properly identifying and authenticating evidence so that it can be introduced.
Lay a foundation
Actual cause
Constitutional law
Legislative history
24. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Miranda warnings
Holding
Westlaw
Judgment proof
25. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Concurrent jurisdiction
Bailment
Third-party claim
26. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Concurrent conflict of interest
Summons
Invasion of Privacy
Contingency Fee
27. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Dissenting opinion
Pretrial conference
Model Rules of Professional Conduct
Closed Questions
28. 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
Lay witness
Active Listening
Appellee or respondent
29. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Battered woman's or spouse's syndrome
Remand
Rule
Subsequent case history
30. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Plaintiff
Removal
Assault
Exhaustion of administrative remedies
31. The questioning of your own witness.
Limited jurisdiction
Direct examination
Freelance Paralegal
Affirm
32. A canon of construction meaning 'of the same class.:
Verdict
Ejusdem generis
En banc
Inculpatory evidence
33. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Appellate or petitioner
Bench trial
Entrapment
Statutes at large or session laws
34. 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.
Broad holding
Motion for a new trial
Bench trial
Judicial notice
35. An opinion in which a majority of the court joins.
Entrapment
Majority opinion
Concurring opinion
Official reporter
36. A summary of a court opinion that appears at the beginning of the case.
Syllabus
Legislative intent
Pretrial conference
Reverse
37. 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.
Real or physical evidence
Legal clinic
Peremptory challenge
Standing
38. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Derogation of the common law
Joint tenancy
Beyond a reasonable doubt
39. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Entrapment
Power of judicial review
Circumstantial evidence
Tenancy in common
40. When an appellate court that normally sits in panels sits as a whole.
En banc
Concurrent jurisdiction
Holding
Void for vagueness
41. An approach whereby the courts give a statute a broad interpretation.
Contract
Statute
Liberal construction
Preponderance of the evidence
42. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Writ of certiorari
Removal
Relevancy
Potential conflict
43. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Bailment
Challenge for cause
Proximate cause
Judicial restraint
44. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Primary authority
No-knock warrant
Conflict of interest
Prima facie case
45. Land and objects permanently attached to land.
Real property
Subpoena duces tecum
12(b)(6) motion
Strict liability
46. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Broad holding
Citing case
Voir dire
Quiet enjoyment
47. A tangible object or a right or ownership interest.
Open Questions
Exculpatory evidence
Property
National Federation of Paralegal Associations (NFPA) www.paralegals.org
48. 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.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Intellectual Property
Procedural facts
Enabling act
49. A separable part of a statute that must be satisfied for the statute to apply.
Judicial activism
Statutory element
Broad holding
Billable hours
50. 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).
Best evidence rule
Compulsory joinder
Prior case history
Joint tenancy