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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. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Contract
Disposition
No-knock warrant
2. Law that regulates how the legal system operates.
Legal technician
Procedural law
Doctrine of implied powers
Reversible error
3. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Issue
Retainer agreement
Plain meaning
Issue
4. The pleading that begins a lawsuit.
Negligence per se
Pleadings
Comparative negligence
Complaint
5. 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.
Duress
Deponent
Procedural facts
Hourly rate
6. An intentional act that creates a harmful or offensive physical contact.
Battery
Retainer
Default judgment
Complaint
7. A witness who has not been shown to have any special expertise.
Reasonable suspicion
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Contributory negligence
Lay witness
8. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Major premise
Partnership
Warrant
Reverse
9. 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.
Motion to require a finding of not guilty
Eminent Domain
Intellectual Property
Internet
10. Broad questions that put few limits on the freedom of the respondent.
American Bar Association (ABA) www.abanet.org
Open Questions
Practice of law
Assumption of the risk
11. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Statutes at large or session laws
Pleadings
Punitive damages
Entrapment
12. Used to describe legislation that changes the common law.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Open Questions
Proximate cause
Derogation of the common law
13. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Competency
Subpoena duces tecum
Negligence
Cause of action
14. The rule requiring that the original document be produced at trial.
Duress
Best evidence rule
Concurrent jurisdiction
Clear and convincing
15. Being informed of some act done or about to be done.
Notice
Reverse
Search engine
Bill of Rights
16. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Affirm
Transition
Original jurisdiction
Bench trial
17. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Unauthorized practice of law
Appellate courts
Judgment notwithstanding the verdict (judgment N.O.V.)
Answer
18. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Legal Research
Retainer
Reversible error
19. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Lay a foundation
Prima facie case
Concluding paragraph
20. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Restatement of the Law of Torts - Second
Voir dire
Distinguishable cases
Exclusionary rule
21. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Judgment notwithstanding the verdict (judgment N.O.V.)
Nominal damages
per curium
Open Questions
22. The power of government to take private property for public purposes.
Evidence
Eminent Domain
Narrow Holding
Primary authority
23. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Administrative law
International Paralegal Management Association (IPMA) www.paralegal management.org
Motion
Shepardizing
24. The party in a case against whom an appeal has been filed.
Entrapment
Reversible error
Major premise
Appellee or respondent
25. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Preponderance of the evidence
Peremptory challenge
Testimonial evidence
Cross-examination
26. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Competency
Citation
Retainer
Ethical wall or screen or cone of silence
27. An opinion in which a majority of the court joins.
Negligence
Procedural facts
Majority opinion
Preponderance of the evidence
28. 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.
Loislaw
Pretrial motion
Evidence
Judicial review
29. An actual incident or condition; not a legal consequence.
Fact
Defamation
Exculpatory evidence
Canons of construction
30. The pretrial oral questioning of a witness under oath.
Deposition
Summons
Liberal construction
Appellate or petitioner
31. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Grand jury
Attorney-client privilege
Evidence
Original jurisdiction
32. '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.
Contingency Fee
Res ipsa loquitur
Warrant
Joint tenancy
33. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Unauthorized practice of law
National Association of Legal Assistants (NALA) www.nala.org
Documentary evidence
34. A trial conducted without a jury.
Partnership
Joint tenancy
Certified
Bench trial
35. In a case brief - the general legal principle in existence before the case began.
Reverse
Evidence
Rule
Search engine
36. A book that contains court opinion headnotes arranged by subject matter.
Digest
Analogous cases
Assumption of the risk
Federalism
37. 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
Official reporter
Notice
Concurrent jurisdiction
38. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Power of judicial review
Compulsory joinder
Reasonable suspicion
Appellate or petitioner
39. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Suspension
Constructive eviction
Documentary evidence
Miranda warnings
40. A defense requiring proof that the defendant was not mentally responsible.
Issue
Conflict of interest
Primary authority
Insanity defense
41. A person who initiates a lawsuit.
Paralegal
Plaintiff
Defamation
Original jurisdiction
42. A court's power to hear any type of case arising within its geographical area.
Limited jurisdiction
Valid
Alternative dispute resolution (ADR)
General jurisdiction
43. The process of legislative enactment of areas of the law previously governed solely by the common law.
Popular name table
Writ of habeas corpus
Open Questions
Codification of the common law
44. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Remand
Negligence
Subsequent case history
Relevancy
45. A determination that an attorney may not practice law for a set period of time.
Closed Questions
False imprisonment
Suspension
Stare decisis
46. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Judgment notwithstanding the verdict (judgment N.O.V.)
Shepardizing
Legislative history
Constructive
47. 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.
Judgment proof
Eminent Domain
Notice
Plea bargaining
48. 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
Legal technician
Successive conflict of interest
Clearly erroneous
49. The court's power to review statutes to decide whether they conform to the Constitution.
Billable hours
Judicial review
International Paralegal Management Association (IPMA) www.paralegal management.org
Prima facie case
50. A requirement that a party fulfill his or her contractual obligations.
American Bar Association (ABA) www.abanet.org
Reprimand or censure
Peremptory challenge
Specific performance