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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. Governmental publication of court opinions.
Syllabus
Verification
Official reporter
Damages
2. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Judgment proof
Popular name table
Judicial activism
Arraignment
3. A person who initiates a lawsuit.
Plaintiff
Counterclaim
Restatement of the Law of Torts - Second
Remand
4. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Real Property
Reverse
Circumstantial evidence
Battery
5. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Direct evidence
Partnership
Consideration
Res ipsa loquitur
6. A set charge for a specific service - such as drafting a simple will.
Competency
Judgment
Loislaw
Fixed Fee
7. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Joint tenancy
Pleadings
Battery
Code
8. A right to use property owned by another for a limited purpose.
Administrative law
Easement
Road Map paragraph
Rule
9. A national association of paralegal associations.
Codification of the common law
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Negligence per se
Statute in derogation of the common law
10. To perform.
Issue
Statutes at large or session laws
Rule
Execute
11. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Jurisdiction
Rules of evidence
Overrule
Proximate cause
12. 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.
Statutes of limitations
Rule
Legal Reasoning
Recklessness
13. A bank account used to hold money belonging to the client or to a third party.
Pleading in the alternative
Proximate cause
Diversity jurisdiction
Client trust account
14. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Comparative negligence
Writ of certiorari
Statute of limitations
Annotated statutes
15. Evidence that does not add any new information but that confirms facts that already have been established.
Common law
Cumulative evidence
Testimonial evidence
Clearly erroneous
16. Representing someone who is in a position adverse to a prior client.
Successive conflict of interest
Mens rea
General jurisdiction
Voir dire
17. A computerized database that contains key information about the content of documents - such as medical records.
Caption
Issue of first impression
Structured database
General jurisdiction
18. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Overbreadth
Exclusive jurisdiction
Contingency fee
19. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Questions of fact
Hearsay
Holding
Successive conflict of interest
20. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Concurring opinion
Concurrent jurisdiction
American Bar Association (ABA) www.abanet.org
21. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Major premise
Potential conflict
Inculpatory evidence
Request for admissions
22. 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.
Shepardizing
Comparative negligence
Digest
Standing
23. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
Recidivist
Deponent
Contributory negligence
24. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
M'Naghten test
Deposition
Attorney-client privilege
Punitive damages
25. Rules of conduct promulgated and enforced by the government.
Circumstantial evidence
Products liability
Laws
Personal property
26. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Search engine
Persuasive authority
Concurring opinion
27. In a case brief - the general legal principle in existence before the case began.
Double jeopardy
Defamation
Exculpatory evidence
Rule
28. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Trial courts
Civil law
Summons
29. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Shepardizing
Statutory element
Practice of law
Derogation of the common law
30. Disregarding a substantial and unjustifiable risk that harm will result.
Pocket part
Recklessness
Reprimand or censure
Substantive law
31. 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.
Procedural law
Preemption
Interrogatories
Dictum
32. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Hypertext links
International Paralegal Management Association (IPMA) www.paralegal management.org
Reverse
Successive conflict of interest
33. A defense requiring proof that the defendant was not mentally responsible.
Suspension
Legal Research
Contingency Fee
Insanity defense
34. A court's prior permission for the police to search and seize.
Warrant
Reversible error
Westlaw
Recidivist
35. An opinion that agrees with the majority's result but disagrees with the reasoning.
Concurring opinion
Authentication
Grand jury
Motion in limine
36. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Mediation
Doctrine of implied powers
Common law
Pinpoint cite
37. A provision that purports to waive liability.
Competency
Indictment
On point
Exculpatory clause
38. Court decisions from a higher court in the same jurisdiction.
Issue of first impression
Mandatory authority
Assumption
Summons
39. A claim by the defendant against the plaintiff.
Judicial activism
Double jeopardy
Counterclaim
Verdict
40. The status of having received a certificate documenting that the person has successfully completed an educational program.
U.S. district courts
Motion to require a finding of not guilty
Certificated
Voir dire
41. A document that lists statements regarding specific items for the other party to admit or deny.
Pinpoint cite
Bill of Rights
Substantive facts
Request for admissions
42. A provision in a deed that prohibits specified uses of the property.
Notice
Class action suit
Restrictive covenant
Federal question jurisdiction
43. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Actus rea
Primary authority
Inculpatory evidence
44. Law that creates rights and duties.
Assumption of the risk
Summary jury trials
Substantive law
American Association for Paralegal Education (AAfPE) www.aafpe.org
45. The justified use of force to protect oneself or others.
Judgment notwithstanding the verdict (judgment N.O.V.)
Self-defense
Bailment
Lay advocate
46. The way in which a question of fact is established. Evidence can consist of witness testimony or documents and exhibits. It is the proof presented at a trial.
Substantial capacity test
Motion to suppress
Evidence
U.S. Court of Appeals
47. Also known as real estate; land and items growing on or permanently attached to that land.
Internet
Open Questions
Real Property
Grand jury
48. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Disbarment
Negligence
Overrule
Injunction
49. A separable part of a statute that must be satisfied for the statute to apply.
Real property
Self-defense
Motion
Statutory element
50. When only one court has the power to hear a case.
Invasion of Privacy
Disbarment
Exculpatory clause
Exclusive jurisdiction