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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 first ten amendments to the U.S. Constitution.
Registration
Duress
Bill of Rights
Mediation
2. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Affirmative defense
Alternative dispute resolution (ADR)
Deductive reasoning
Third-party claim
3. 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.
Criminal law
Statute of limitations
Active Listening
Reverse
4. A summary of a court opinion that appears at the beginning of the case.
Successive conflict of interest
Digest
Rule 56 motion (summary judgment motion)
Syllabus
5. The publication of false statements that harm a person's reputation.
Defamation
Jurisdiction
American Association for Paralegal Education (AAfPE) www.aafpe.org
Freelance Paralegal
6. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Civil law
Pinpoint cite
Holding
Bail
7. The process of finding the law.
Cause of action
Legal Research
Caption
Concluding paragraph
8. To perform.
Substantive law
Execute
Full-text searches
Affirmative defense
9. Proof that the evidence is what it is said to be.
Authentication
Statute
Jurisdiction
International Paralegal Management Association (IPMA) www.paralegal management.org
10. Specific questions that usually demand very short or yes-no answers.
Summons
Deductive reasoning
Closed Questions
Billable hours
11. Questions relating to the interpretation or application of the law.
Headnote
Tickler System
Questions of law
Class action suit
12. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Lay witness
Legal services offices
Nolo contendere
Doctrine of implied powers
13. An opinion that disagrees with the majority's decision and its reasoning.
Self-defense
Notice pleading
Holding
Dissenting opinion
14. Law that deals with harm to a person or a person's property.
Tort law
Hourly rate
Road Map paragraph
Writ of habeas corpus
15. Also known as real estate; land and items growing on or permanently attached to that land.
Discovery
Verdict
Real Property
Bench trial
16. 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.
Tenancy in common
Subsequent case history
Arrest
Subsequent case history
17. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Citation
Legal technician
Federalism
Attorney-client privilege
18. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Exclusive jurisdiction
Strict liability
Joint tenancy
Preemption
19. The questioning of an opposing witness.
Diversity jurisdiction
Affirmative defense
Rules of evidence
Cross-examination
20. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Narrow Holding
Internet
Freelance Paralegal
Contributory negligence
21. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Digest
Pretrial motion
Legal writing
Consideration
22. 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
Plaintiff
Dismissal with prejudice
Rule 56 motion (summary judgment motion)
23. Summary of one legal point in a court opinion; written by the editors at West.
Popular name table
Fixed Fee
Headnote
Procedural facts
24. A judicial philosophy that supports an active role for the judiciary in changing the law.
Legal services offices
Judicial activism
Concurring opinion
Paralegal
25. Courts that determine the facts and apply the law to the facts.
Caption
Ethical wall or screen or cone of silence
Trial courts
Voir dire
26. Voluntarily and knowingly subjecting oneself to danger.
Exculpatory evidence
Assumption of the risk
Intentional tort
Prior case history
27. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Documentary evidence
Contributory negligence
Federalism
Corroborative evidence
28. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Beyond a reasonable doubt
Affirm
U.S. district courts
Landmark decision
29. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Substantial capacity test
Real or physical evidence
Leading questions
Deductive reasoning
30. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Count
Constitutional law
Slip laws
Duress
31. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
Reversible error
Cross-claim
Stop and frisk
32. When the defendant does not have sufficient money or other assets to pay the judgment.
Legal Research
Limited jurisdiction
Judgment proof
Strict liability
33. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Circumstantial evidence
Implied warranty of habitability
Real Property
34. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Default judgment
Digest
Overrule
Code
35. The power of a court to force a person to appear before it.
Professional Corporation (PC)
Corroborative evidence
Discovery
Personal jurisdiction
36. A calendering system that records key dates and important deadlines.
Cross-examination
Tickler System
Exhaustion of administrative remedies
Negligence
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.
Holding
Indictment
Standing
Rule 56 motion (summary judgment motion)
38. Liability without a showing of fault.
Legal malpractice
Appellate brief
Strict liability
Answer
39. 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.
Irresistible impulse test
Negligence
Shepardizing
American Bar Association (ABA) www.abanet.org
40. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Transition
Motion to require a finding of not guilty
Interrogatories
Ejusdem generis
41. Law that deals with harm to an individual.
Civil law
Remedial statute
Restatement of the Law of Torts - Second
Materiality
42. When a higher court agrees with what lower court has done.
American Bar Association (ABA) www.abanet.org
Client trust account
Separation of powers
Affirm
43. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Evidence
Alternative dispute resolution (ADR)
Federalism
Issue
44. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Deposition
Charging the jury
Paralegal
45. 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
Rule 56 motion (summary judgment motion)
Property
Real Property
Concluding paragraph
46. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Landmark decision
Confidentiality
Practice of law
Syllabus
47. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Westlaw
Product misuse
Void for vagueness
Registration
48. A requirement that a party fulfill his or her contractual obligations.
Inculpatory evidence
Active Listening
Persuasive authority
Specific performance
49. A summary of one legal point in a court opinion; written by the editors at West.
Citing case
National Association of Legal Assistants (NALA) www.nala.org
Headnote
Complaint
50. A request that the court prohibit the use of certain evidence at the trial.
Writ of certiorari
Transition
Summons
Motion to suppress