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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. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Assumption
Recidivist
Freelance Paralegal
2. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Dissenting opinion
Search engine
Federalism
Paralegal
3. Used to describe legislation that changes the common law.
Judicial notice
Legal services offices
Syllabus
Derogation of the common law
4. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Appellate courts
Citation
Legal technician
Judicial restraint
5. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Verification
Loislaw
Reversible error
Standing
6. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Contributory negligence
Execute
Proving a case within a case
Personal property
7. The law itself - such as statutes and court opinions.
Plaintiff
Code
Primary authority
Standing
8. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Cumulative evidence
Recidivist
Grand jury
Negligence
9. An advance or down payment that is given to engage the services of an attorney.
Holding
Statute
Appellate courts
Retainer
10. When an appellate court overturns or negates the decision of a lower court.
Case citation
Reverse
International Paralegal Management Association (IPMA) www.paralegal management.org
Federalism
11. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Limited liability partnership (LLP)
False imprisonment
Negligence
Persuasive authority
12. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Personal property
Real Property
Adverse possession
13. A requirement that a party fulfill his or her contractual obligations.
Evidence
Circumstantial evidence
Specific performance
Count
14. A compilation of federal administrative regulations arranged by agency.
Default judgment
Code of Federal Regulations (C.F.R.)
Voir dire
Charging the jury
15. Bad act.
On point
Analogous cases
Actus rea
Beyond a reasonable doubt
16. The rule requiring that the original document be produced at trial.
Headnote
Best evidence rule
Open Questions
Personal property
17. 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.
Confidentiality
Statute of limitations
Federalism
Intentional tort
18. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Summary jury trials
Constructive
Original jurisdiction
Voir dire
19. Representing someone who is in a position adverse to a prior client.
Subsequent case history
Successive conflict of interest
Full-text database
Writ of certiorari
20. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Affirm
Analogous cases
Invasion of Privacy
Ethical wall or screen or cone of silence
21. A right to use property owned by another for a limited purpose.
Tenancy in common
En banc
Easement
Guardian
22. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Leading questions
Entrapment
Landmark decision
No-knock warrant
23. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Strict construction
Eminent Domain
False imprisonment
Judgment
24. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Motion for a new trial
Cross-claim
Legal technician
Jurisdiction
25. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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26. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Duress
Exigent circumstances
Popular name table
Statutes of limitations
27. 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.
Bail
Motion to require a finding of not guilty
Statute in derogation of the common law
Retainer agreement
28. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Substantive law
Treatment
Motion to suppress
Unofficial reporter
29. A provision that purports to waive liability.
Exculpatory clause
Rule 56 motion (summary judgment motion)
Statutes at large or session laws
Personal recognizance bond
30. 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.
Strict construction
Broad holding
Original jurisdiction
Product misuse
31. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Primary authority
Structured database
Potential conflict
Cause of action
32. Courts that determine whether lower courts have made errors of law.
Standing
Appellate courts
Verification
Personal recognizance bond
33. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Personal property
Plain meaning
Summons
Headnote
34. A statement in a judicial opinion not necessary for the decision of the case.
Judgment proof
Dictum
Fruit of the poisonous tree doctrine
Insanity defense
35. 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.
Major premise
Beyond a reasonable doubt
Defamation
Motion
36. General principles that guide the courts in their interpretation of statutes.
Exhaustion of administrative remedies
Canons of construction
Client trust account
Bill of Rights
37. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Reverse
Substantive law
Adverse possession
Damages
38. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Subject matter jurisdiction
Pattern jury instructions
Pocket part
39. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Conflict of interest
Remand
Contributory negligence
Reversible error
40. The transfer of a case from one state court to a federal court.
Personal property
Ethical wall or screen or cone of silence
Removal
Cause of action
41. A person who initiates an appeal.
Ethical wall or screen or cone of silence
Appellant or petitioner
False imprisonment
Evidence
42. The failure to act reasonably under the circumstances.
Negligence
Exclusive jurisdiction
Concluding paragraph
Arrest
43. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Open Questions
Codification
Alternative dispute resolution (ADR)
Plain view doctrine
44. Law that regulates how the legal system operates.
Plain view doctrine
Cross-examination
Procedural law
U.S. district courts
45. In logic - a belief that justifies one in arguing a conclusion.
Contributory negligence
Summons
Legal Reasoning
Assumption
46. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Open Questions
Exclusive jurisdiction
Necessity
Legal Reasoning
47. A calendering system that records key dates and important deadlines.
Tickler System
Corroborative evidence
Evidence
Concurring opinion
48. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Limited liability partnership (LLP)
Constructive
Westlaw
Beyond a reasonable doubt
49. 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.
Federalism
Stop and frisk
Legal services offices
Nominal damages
50. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Arraignment
Eminent Domain
Mandatory authority