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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. The law itself - such as statutes and court opinions.
Competency
Comparative negligence
Pocket part
Primary authority
2. The new legal principle established by a court opinion.
Invasion of Privacy
Proving a case within a case
Holding
Entrapment
3. The papers that begin a lawsuit-generally - the complaint and the answer.
Notice pleading
Pleadings
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Statute of limitations
4. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
U.S. Supreme Court
Citation
Duress
5. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Subsequent case history
Rules of criminal procedure
Verdict
Model Rules of Professional Conduct
6. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Common law
Arbitration
Concurring opinion
Legal writing
7. Rules of conduct promulgated and enforced by the government.
Actual cause
Deductive reasoning
Laws
Dismissal with prejudice
8. Not factually true - but accepted by the courts as being legally true.
Questions of fact
Constructive
Strict liability
Void for vagueness
9. The power of a court to force a person to appear before it.
Respondeat superior
Jurisdiction
Personal jurisdiction
Recklessness
10. Being the victem of repeated attacks - self-defense is sometimes allowed to the victim - even when the victim is not in immediate danger.
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11. Being informed of some act done or about to be done.
Arraignment
Substantive facts
Notice
American Bar Association (ABA) www.abanet.org
12. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
On point
Indictment
Agent
13. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Challenge for cause
Paralegal
Defendant
On all fours
14. A public or private statement that an attorney's conduct violated the code of ethics.
Procedural law
Reprimand or censure
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Rule 56 motion (summary judgment motion)
15. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Entrapment
Comparative negligence
Clear and convincing
Summons
16. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Registration
Affirm
Search engine
Voir dire
17. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Reverse
Deposition
Landmark decision
Negligence
18. Information that can be presented in a court of law as proof of some fact.
Affirmative defense
Concluding paragraph
Consideration
Evidence
19. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Pocket part
Judicial review
Product misuse
Minor premise
20. The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous.
Guardian
Products liability
Holding
Warrant
21. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Reversible error
Treatment
Concurring opinion
Motion to require a finding of not guilty
22. A court order authorizing a sheriff to take property in order to enforce a judgment.
Writ of execution
Certificated
Beyond a reasonable doubt
Clearly erroneous
23. Questions relating to the interpretation or application of the law.
Questions of law
Procedural law
Westlaw
Answer
24. Governmental publication of court opinions.
Narrow Holding
Official reporter
Reverse
Minor premise
25. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Limited liability partnership (LLP)
Third-party claim
Statutes of limitations
Affirm
26. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Writ of certiorari
Direct evidence
Citing case
Peremptory challenge
27. Liability without having to prove fault.
Road Map paragraph
Strict liability
Case citation
Tenancy in common
28. 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.
Cause of action
Statute in derogation of the common law
Valid
Slip laws
29. A set charge for a specific service - such as drafting a simple will.
Successive conflict of interest
Fixed Fee
Constitutional law
Beyond a reasonable doubt
30. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Legal Reasoning
Actual cause
Exhaustion of administrative remedies
Broad holding
31. The tort theory that an employer can be sued for the negligent acts of its employees.
Cause of action
Full-text database
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Respondeat superior
32. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Hearsay
Substantial capacity test
Major premise
Judicial notice
33. A person who initiates a lawsuit.
Constructive
Plaintiff
Complaint
Entrapment
34. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Compulsory joinder
Answer
Analogous cases
Pocket part
35. A request that the court release the defendant because of the illegality of the incarceration.
Agent
Writ of habeas corpus
En banc
Remand
36. A business run by two or more persons as co-owners.
Internet
Deductive reasoning
Harmless error
Partnership
37. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Invasion of Privacy
En banc
Analogous cases
Case citation
38. An opinion that agrees with the majority's result but disagrees with its reasoning.
Negligence per se
Property
Concurring opinion
Request for admissions
39. The result reached in a particular case.
Attorney-client privilege
Real Property
Holding
Disposition
40. A national organization of paralegal programs that promotes high standards for paralegal education.
Citing case
Void for vagueness
American Association for Paralegal Education (AAfPE) www.aafpe.org
Property
41. Disregarding a substantial and unjustifiable risk that harm will result.
Notice pleading
Dictum
American Association for Paralegal Education (AAfPE) www.aafpe.org
Recklessness
42. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Notice
Service
Nominal damages
National Association of Legal Assistants (NALA) www.nala.org
43. The educated ability to apply law to specific facts.
Necessity
Best evidence rule
Professional judgment
Disposition
44. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Real property
Transition
Joint tenancy
Open Questions
45. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Proximate cause
Potential conflict
Judgment
Arrest
46. Any tangible object - like a bloody glove.
Answer
Real or physical evidence
Federalism
Discovery
47. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Hourly rate
Quiet enjoyment
Overrule
48. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Preponderance of the evidence
Reasonable suspicion
Res ipsa loquitur
49. Evidence that suggests the defendant's innocence.
Exculpatory evidence
Res ipsa loquitur
Plain meaning
Persuasive authority
50. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Annotated statutes
Damages
Power of judicial review
Writ of certiorari