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Test your basic knowledge |
Paralegal 101
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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 pleading that begins a lawsuit.
Complaint
Federal question jurisdiction
Treatment
Quiet enjoyment
2. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Grand jury
Issue
Separation of powers
3. 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.
Stop and frisk
Summary jury trials
Recklessness
Recidivist
4. 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.
Guardian
Entrapment
Unofficial reporter
Property law
5. A worldwide network of computer networks.
Personal property
Criminal law
Rules of criminal procedure
Internet
6. A special type of joint tenancy applicable only to married couples.
Tenancy by the entirety
Rules of criminal procedure
Canons of construction
Personal recognizance bond
7. When an appellate court that normally sits in panels sits as a whole.
Active Listening
En banc
Common law
Motion in limine
8. Court decisions from an equal or a lower court from the same jurisidiction or from a higher court in a different jurisdiction; also includes secondary authority.
Holding
Assumption
Persuasive authority
Tickler System
9. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Assumption of the risk
Authentication
Mandatory authority
False imprisonment
10. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Criminal law
Peremptory challenge
Confidentiality
Proximate cause
11. The division of governmental power among the legislative - executive - and judicial branches.
Separation of powers
Prima facie case
Compensatory damages
Interrogatories
12. Occurs when the police restrain a person's freedom and charge the person with a crime.
Arrest
Verdict
Diversity jurisdiction
Substantive facts
13. Voluntarily and knowingly subjecting oneself to danger.
Notice pleading
Booking
Assumption of the risk
Self-defense
14. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Freelance Paralegal
Derogation of the common law
Transition
Assumption of the risk
15. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Implied warranty of habitability
Third-party claim
Exculpatory evidence
Punitive damages
16. A defense whereby the defendant offers new evidence to avoid judgment.
Reverse
Affirmative defense
Overrule
Notice
17. A trial court error that is not sufficient to warrant reversing the decision.
Appellee or respondent
Majority opinion
Intentional tort
Harmless error
18. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Contingency Fee
Headnote
Legal services offices
19. All property that is not real property.
Products liability
Intentional tort
Personal property
Minimum contacts
20. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Proving a case within a case
On all fours
Open Questions
Discovery
21. Law that deals with harm to society as a whole.
American Bar Association (ABA) www.abanet.org
Criminal law
Fact
Exculpatory clause
22. In a complaint - one cause of action.
Count
American Association for Paralegal Education (AAfPE) www.aafpe.org
Legal clinic
Codification
23. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
No-knock warrant
Minimum contacts
Judgment proof
Mediation
24. 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
Interrogatories
Miranda warnings
Circumstantial evidence
25. Law that regulates how the legal system operates.
Procedural law
Client trust account
Questions of fact
Pleadings
26. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Battery
Arbitration
Client trust account
Hypertext links
27. A form in which statutes are published; they are printed individually at the time they are first enacted.
Contributory negligence
Slip laws
Separation of powers
Affirmative defense
28. The party in a case who has initiated an appeal.
U.S. Court of Appeals
Appellate or petitioner
Discovery
Federal question jurisdiction
29. Governmental publication of court opinions.
Suspension
Official reporter
Headnote
Harmless error
30. Establishes a direct link to the event that must be proven.
Case citation
Federal question jurisdiction
Professional Corporation (PC)
Direct evidence
31. Monetary compensation - including compensatory - punitive - and nominal damages.
Legal malpractice
Overbreadth
Damages
Slip laws
32. A requirement that a party fulfill his or her contractual obligations.
Verification
Specific performance
Laws
Case citation
33. An opinion that agrees with the majority's result but disagrees with its reasoning.
Concurring opinion
U.S. Court of Appeals
Retainer agreement
Reverse
34. A suspicion based on specific facts; less than probable cause.
Reasonable suspicion
Jurisdiction
Writ of certiorari
Popular name table
35. A claim by the defendant against the plaintiff.
Judgment proof
Actual cause
Harmless error
Counterclaim
36. Standard used by appellate courts when reviewing a trial court's findings of fact.
Tenancy by the entirety
Clearly erroneous
Writ of habeas corpus
Summons
37. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Subsequent case history
Contributory negligence
Eminent Domain
Concluding paragraph
38. The power of a court to force a person to appear before it.
Assault
Mens rea
Personal jurisdiction
Tenancy by the entirety
39. Evidence that suggests the defendant's guilt.
Personal recognizance bond
Inculpatory evidence
Probable cause
Preponderance of the evidence
40. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Conflict of interest
Nolo contendere
Complaint
Products liability
41. 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.
Real or physical evidence
Judicial restraint
Motion to require a finding of not guilty
Voir dire
42. The failure of an attorney to act reasonably.
Professional Corporation (PC)
Double jeopardy
Concurring opinion
Legal malpractice
43. The requirement that relief be sought from an administrative agency before proceeding to court.
Narrow Holding
Remedial statute
Conflict of interest
Exhaustion of administrative remedies
44. A person who initiates an appeal.
Adverse possession
Structured database
Appellant or petitioner
Disbarment
45. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Entrapment
Corroborative evidence
Relevancy
Personal property
46. When an appellate court sends a case back to the trial court for a new trial or other action.
Remand
Best evidence rule
Questions of fact
Slip laws
47. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Statutes at large or session laws
Code
Stop and frisk
48. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Removal
Legal Reasoning
Implied warranty of habitability
Constructive
49. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Count
Charging the jury
General jurisdiction
Annotated statutes
50. A request that the court order that certain information not be mentioned in the presence of the jury.
Necessity
Statutes at large or session laws
Fixed Fee
Motion in limine
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