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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. Monetary compensation - including compensatory - punitive - and nominal damages.
Jurisdiction
Testimonial evidence
Remedial statute
Damages
2. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Constitutional law
Indictment
Lay advocate
3. Not factually true - but accepted by the courts as being legally true.
Principle
Contributory negligence
Class action suit
Constructive
4. Court decisions from a higher court in the same jurisdiction.
Hypertext links
Lay advocate
Rules of criminal procedure
Mandatory authority
5. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Cause of action
Personal jurisdiction
Exclusionary rule
6. 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.
National Association of Legal Assistants (NALA) www.nala.org
Writ of habeas corpus
Default judgment
Proximate cause
7. A set of standardized jury instructions.
Pattern jury instructions
Pleading in the alternative
Conflict of interest
Court of record
8. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Assumption
Westlaw
Bill of Rights
Motion to suppress
9. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Restatement of the Law of Torts - Second
Citation
Stop and frisk
Professional Corporation (PC)
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.
Motion for a new trial
Directed verdict
Statutes of limitations
Negligence
11. Cases that involve different facts and/or rules of law.
Proximate cause
American Bar Association (ABA) www.abanet.org
Distinguishable cases
Paralegal
12. A request that the court release the defendant because of the illegality of the incarceration.
Compensatory damages
Proving a case within a case
Remedial statute
Writ of habeas corpus
13. A worldwide network of computer networks.
Concurrent jurisdiction
Internet
Writ of certiorari
Bail
14. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Broad holding
Negligence per se
Notice pleading
Battery
15. A court's prior permission for the police to search and seize.
Civil law
Warrant
Common law
Judicial notice
16. Proof that the evidence is what it is said to be.
Landmark decision
Subpoena
Statutes of limitations
Authentication
17. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Court of record
Issue
Exculpatory evidence
U.S. Court of Appeals
18. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Code
Lay witness
False imprisonment
Distinguishable cases
19. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Citation
Caption
U.S. Court of Appeals
Affirm
20. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Fixed Fee
Double jeopardy
Common law
Equity
21. 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.
Reprimand or censure
Legal technician
Indictment
Standing
22. 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.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Practice of law
Competency
Arbitration
23. The general jurisdiction trial courts in the federal system.
U.S. district courts
Reversible error
Issue
Rules of criminal procedure
24. The failure to act reasonably under the circumstances.
General jurisdiction
Deponent
Negligence
Distinguishable cases
25. A business run by two or more persons as co-owners.
Citing case
Self-defense
Partnership
Rules of criminal procedure
26. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Reverse
U.S. Supreme Court
Motion in limine
27. A national association of paralegal managers.
Leading questions
International Paralegal Management Association (IPMA) www.paralegal management.org
Alternative dispute resolution (ADR)
Federalism
28. In a complaint - one cause of action.
M'Naghten test
Guardian
Count
Cross-claim
29. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Evidence
Court of record
Overrule
Materiality
30. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Certified
Nolo contendere
On all fours
Preponderance of the evidence
31. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Consideration
Potential conflict
Bail
Cumulative evidence
32. The number of hours - or parts of an hour - that can be charged to a specific client.
Cause of action
Constructive eviction
Real or physical evidence
Billable hours
33. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Citing case
Issue of first impression
Reasonable suspicion
34. The highest federal appellate court - consisting of nine appointed members.
Jurisdiction
U.S. Supreme Court
Remedial statute
Challenge for cause
35. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Discovery
U.S. Supreme Court
M'Naghten test
Professional Corporation (PC)
36. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Legal Reasoning
Negligence per se
Punitive damages
Direct examination
37. Consists of records - contracts - leases - wills - and other written instruments.
Reprimand or censure
Subpoena
Remand
Documentary evidence
38. An intentional act that creates a harmful or offensive physical contact.
Battery
Code
Lay witness
Primary authority
39. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Suspension
Reasonable suspicion
Strict liability
Legal services offices
40. 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.
Inculpatory evidence
Majority opinion
Statute in derogation of the common law
Guardian
41. Written questions sent by one side to the opposing side - answered under oath.
Concurrent conflict of interest
Ejusdem generis
Majority opinion
Interrogatories
42. Information that can be presented in a court of law as proof of some fact.
Evidence
Miranda warnings
Exigent circumstances
Deductive reasoning
43. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Retainer agreement
Reverse
Concluding paragraph
Recidivist
44. A national paralegal association.
Citing case
Pattern jury instructions
National Association of Legal Assistants (NALA) www.nala.org
Competency
45. 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.
Statute of limitations
Entrapment
Judicial activism
Remedial statute
46. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Annotated statutes
Hourly rate
Regulation
Hypertext links
47. Without the need for a warrant - the police may seize objects that are openly visible.
Request for admissions
Plain view doctrine
Full-text database
Grand jury
48. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
49. 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.
Double jeopardy
Beyond a reasonable doubt
Legal fiction
Testimonial evidence
50. When a higher court agrees with what lower court has done.
Affirm
Statutory element
Expert witness
Laws