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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 justified use of force to protect oneself or others.
Prior case history
Confidentiality
Self-defense
On all fours
2. A term used to describe a case that is similar to another case.
Beyond a reasonable doubt
On point
Persuasive authority
Dismissal with prejudice
3. A fee calculated as a percentage of the settlement or award in the case.
Bailment
Principle
Contingency Fee
Harmless error
4. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Punitive damages
Federalism
Unauthorized practice of law
Appellee or respondent
5. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Internet
Code
Restrictive covenant
Compulsory joinder
6. A constitutional protection against being tried twice for the same crime.
Motion to suppress
Restrictive covenant
Summons
Double jeopardy
7. The number of hours - or parts of an hour - that can be charged to a specific client.
Billable hours
Actus rea
Statutes of limitations
Hearsay
8. Something of value exchanged to form the basis of a contract.
False imprisonment
Guardian
Consideration
Judicial review
9. Law that creates rights and duties.
Miranda warnings
Contract
Substantive law
Registration
10. The modern pretrial procedure by which one party gains information from the adverse party.
Nolo contendere
Strict construction
Overrule
Discovery
11. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Contract
Real Property
Lay advocate
Legal Reasoning
12. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Deposition
Citation
Distinguishable cases
Stare decisis
13. An approach whereby the courts give a statute a narrow interpretation.
Lay advocate
Substantive law
Strict construction
Cause of action
14. The failure to act reasonably under the circumstances.
American Bar Association (ABA) www.abanet.org
Negligence
Mandatory authority
Legislative intent
15. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Defendant
Service
Substantive law
16. 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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17. Once actual cause is found - as a policy matter - the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability.
Bail
Contingency fee
Leading questions
Proximate cause
18. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Majority opinion
Unauthorized practice of law
Remedial statute
Subject matter jurisdiction
19. Voluntarily and knowingly subjecting oneself to danger.
Authentication
Assumption of the risk
Class action suit
Ejusdem generis
20. Law that deals with harm to a person or a person's property.
Legal Reasoning
Tort law
Mandatory authority
Equity
21. A trial court error that is not sufficient to warrant reversing the decision.
Pocket part
Recidivist
Dismissal with prejudice
Harmless error
22. 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.
Bench trial
Legislative history
Competency
Closed Questions
23. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Leading questions
Doctrine of implied powers
Issue
Potential conflict
24. An agreement supported by consideration.
Cause of action
Hypertext links
Pleadings
Contract
25. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Summary jury trials
Circumstantial evidence
Motion to suppress
Original jurisdiction
26. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Hypertext links
Professional Corporation (PC)
Pretrial motion
Original jurisdiction
27. A temporary transfer of personal property to someone other than the owner for a specified purpose.
Pleadings
Bailment
Testimonial evidence
Federalism
28. A provision in a deed that prohibits specified uses of the property.
Easement
Constitutional law
Restrictive covenant
Citation
29. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Appellee or respondent
Materiality
Proximate cause
Attorney-client privilege
30. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Corroborative evidence
Booking
Deductive reasoning
Pinpoint cite
31. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Contributory negligence
Distinguishable cases
Prior case history
Testimonial evidence
32. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Deductive reasoning
Code
Alternative dispute resolution (ADR)
Grand jury
33. Usually organized as either a partnership or a professional corporation - law clinics provide low-cost legal services on routine matters by stressing low overhead and high volume.
Legal clinic
Deponent
Motion for a new trial
Rule
34. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Procedural facts
Legal technician
Subsequent case history
Fact
35. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Nolo contendere
Appellate brief
Pocket part
Annotated statutes
36. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Statutes of limitations
Rule 56 motion (summary judgment motion)
Miranda warnings
Res ipsa loquitur
37. Federal and state rules that regulate how criminal proceedings are conducted.
Active Listening
Rules of criminal procedure
Subsequent case history
Statute of limitations
38. 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.
Model Rules of Professional Conduct
False imprisonment
Bench trial
Questions of law
39. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Rule
Secondary authority
Constitutional law
40. In a case brief - the rule of law applied to the case's specific facts.
Remand
Pleading in the alternative
Statutes of limitations
Issue
41. When an appellate court that normally sits in panels sits as a whole.
Retainer
Road Map paragraph
En banc
Specific performance
42. 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.
Persuasive authority
Legal clinic
Valid
Intentional tort
43. An opinion in which a majority of the court joins.
Substantive facts
Concurring opinion
Questions of fact
Majority opinion
44. A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint.
Constitutional law
Peremptory challenge
12(b)(6) motion
U.S. Court of Appeals
45. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Full-text searches
Contributory negligence
Evidence
Fact
46. Written questions sent by one side to the opposing side - answered under oath.
Guardian
Majority opinion
Verification
Interrogatories
47. A national association of paralegal managers.
Booking
International Paralegal Management Association (IPMA) www.paralegal management.org
Entrapment
Vicarious representation
48. Questions relating to the interpretation or application of the law.
Prior case history
Distinguishable cases
Reverse
Questions of law
49. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
Implied warranty of habitability
Comparative negligence
Pleading in the alternative
50. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Legal fiction
Judgment proof
Court of record
Legal writing