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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 paralegal association.
Road Map paragraph
No-knock warrant
National Association of Legal Assistants (NALA) www.nala.org
Agent
2. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Lexis
Subsequent case history
Judicial restraint
Direct examination
3. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Jurisdiction
Materiality
Canons of construction
Execute
4. A defendant's personal promise to appear in court.
Miranda warnings
Proving a case within a case
Stop and frisk
Personal recognizance bond
5. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Res ipsa loquitur
Pattern jury instructions
Full-text database
6. In logic - a belief that justifies one in arguing a conclusion.
Contributory negligence
Assumption
Strict construction
Remedial statute
7. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Original jurisdiction
Appellate or petitioner
Concurring opinion
Legal writing
8. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Nominal damages
Lay advocate
Necessity
Expert witness
9. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Entrapment
Voir dire
Defamation
Majority opinion
10. A reason for invalidating a statute where it covers both protected and criminal activity.
Full-text searches
Count
Plain view doctrine
Overbreadth
11. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Affirm
Punitive damages
Constitutional law
Retainer agreement
12. Bad intent.
Competency
Mens rea
Constructive
Holding
13. Also known as real estate; land and items growing on or permanently attached to that land.
Constructive eviction
Subject matter jurisdiction
Real Property
Affirm
14. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Property law
Subsequent case history
Relevancy
15. Representing someone who is in a position adverse to a prior client.
Successive conflict of interest
Unauthorized practice of law
No-knock warrant
Fact
16. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Official reporter
Legal writing
Legislative history
Plaintiff
17. A summary of one legal point in a court opinion; written by the editors at West.
Subsequent case history
Proving a case within a case
Headnote
Primary authority
18. An actual incident or condition; not a legal consequence.
Codification of the common law
Fact
Actual cause
Bill of Rights
19. Questions relating to what happened: who - what - when - where - and how.
Exculpatory evidence
Execute
Judgment notwithstanding the verdict (judgment N.O.V.)
Questions of fact
20. A tort committed by one who intends to do the act that creates the harm.
Codification
Intentional tort
Limited jurisdiction
Rule
21. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Mediation
Limited jurisdiction
Personal recognizance bond
Strict liability
22. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Treatment
Direct examination
Retreat exception
Summary jury trials
23. A determination that an attorney may not practice law for a set period of time.
Pleadings
Suspension
Concurrent conflict of interest
Double jeopardy
24. The reference to a particular page within an opinion.
Contingency fee
Grand jury
Bill of Rights
Pinpoint cite
25. A process whereby the prosecutor and the defendant's attorney agree for the defendant to plead guilty in exchange for the prosecutor's promise to charge him or her with a lesser offense - drop some additional charges - or request a lesser sentence.
Plea bargaining
Counterclaim
Doctrine of implied powers
Harmless error
26. The highest federal appellate court - consisting of nine appointed members.
Notice
U.S. Supreme Court
Secondary authority
Grand jury
27. The power of a court to hear a case.
Judicial review
Jurisdiction
Property
Remedial statute
28. A national organization of paralegal programs that promotes high standards for paralegal education.
Reasonable suspicion
American Association for Paralegal Education (AAfPE) www.aafpe.org
Secondary authority
Ethical wall or screen or cone of silence
29. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Treatment
Dissenting opinion
Deponent
Evidence
30. A judicial philosophy that supports an active role for the judiciary in changing the law.
Nolo contendere
Constructive eviction
Judicial activism
Subpoena duces tecum
31. The educated ability to apply law to specific facts.
Confidentiality
Jurisdiction
Expert witness
Professional judgment
32. The power of the federal courts to hear matters of federal law.
Mediation
Federal question jurisdiction
Reverse
Civil law
33. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Assumption of the risk
Service
Narrow Holding
Dissenting opinion
34. 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.
Treatment
Narrow Holding
Harmless error
Negligence
35. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Criminal law
Motion to suppress
Intellectual Property
Compensatory damages
36. 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.
Certificated
Counterclaim
Preponderance of the evidence
Certified
37. An agreement supported by consideration.
Contract
Primary authority
Rules of criminal procedure
Challenge for cause
38. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Summons
Assault
Tort law
39. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Subsequent case history
Interrogatories
Fact
Professional Corporation (PC)
40. 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.
Personal property
Deductive reasoning
Preemption
Unofficial reporter
41. 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.
Legal services offices
Complaint
Narrow Holding
Statute of limitations
42. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Res ipsa loquitur
Deponent
Professional judgment
Deductive reasoning
43. Rules of conduct promulgated and enforced by the government.
Reverse
Easement
Shepardizing
Laws
44. 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.
Evidence
Affirm
Dismissal with prejudice
Narrow Holding
45. 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.
Competency
Dictum
Landmark decision
Lay witness
46. A case listed in Shepard's that cites your case.
Citing case
Case reporters
On point
Diversity jurisdiction
47. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Reprimand or censure
Popular name table
Major premise
Analogous cases
48. The papers that begin a lawsuit-generally - the complaint and the answer.
Joint tenancy
Property law
Statute in derogation of the common law
Pleadings
49. A computerized database that contains the full text of documents - such as court opinions or depositions.
Proving a case within a case
Full-text database
Judicial restraint
Product misuse
50. Information about the law - such as that contained in encyclopedias and law review articles.
Retainer
Direct examination
Consideration
Secondary authority