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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 person who is being asked questions at a deposition.
Internet
Clearly erroneous
Ejusdem generis
Deponent
2. The general jurisdiction trial courts in the federal system.
Road Map paragraph
Issue
U.S. district courts
Procedural facts
3. A public or private statement that an attorney's conduct violated the code of ethics.
Code of Federal Regulations (C.F.R.)
Questions of law
Reprimand or censure
Judicial restraint
4. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Arbitration
Subpoena
Rules of evidence
Appellate brief
5. The purpose of the legislature at the time it enacted the statute.
Comparative negligence
Analogous cases
Fixed Fee
Legislative intent
6. The opinion of a jury on a question of fact.
Necessity
Verdict
Strict liability
Subpoena
7. A court's prior permission for the police to search and seize.
Warrant
Products liability
Retainer agreement
Dissenting opinion
8. The judge informs the jurors of the law they need to know to make their decision.
Circumstantial evidence
Substantive facts
Charging the jury
International Paralegal Management Association (IPMA) www.paralegal management.org
9. 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.
Competency
Counterclaim
Writ of certiorari
Assumption of the risk
10. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Remand
Loislaw
Fruit of the poisonous tree doctrine
Service
11. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Dissenting opinion
Power of judicial review
Leading questions
Principle
12. The questioning of an opposing witness.
Cross-examination
Appellate courts
Primary authority
Registration
13. Negligence by the plaintiff that contributed to his or her injury. Normally - it is a complete bar to the plaintiff's recovery.
Narrow Holding
Exculpatory clause
Property law
Contributory negligence
14. The status of having received a certificate documenting that the person has successfully completed an educational program.
Void for vagueness
En banc
Certificated
Bail
15. A court order authorizing a sheriff to take property in order to enforce a judgment.
Statutes at large or session laws
Writ of execution
Registration
Retainer
16. In a complaint - one cause of action.
Intentional tort
Count
Affirm
Writ of certiorari
17. A national organization of paralegal programs that promotes high standards for paralegal education.
Conflict of interest
American Association for Paralegal Education (AAfPE) www.aafpe.org
M'Naghten test
Restrictive covenant
18. 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
Rule 56 motion (summary judgment motion)
Statute in derogation of the common law
Default judgment
Holding
19. A reason for invalidating a statute where it covers both protected and criminal activity.
Overbreadth
Indictment
Code of Federal Regulations (C.F.R.)
Relevancy
20. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Charging the jury
Bailment
Valid
21. The intermediate appellate courts in the federal system.
Necessity
Personal property
U.S. Court of Appeals
Contributory negligence
22. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
23. A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea.
Documentary evidence
Assumption
Constitutional law
Arraignment
24. Rules of conduct promulgated and enforced by the government.
Constructive
Slip laws
Entrapment
Laws
25. The publication of false statements that harm a person's reputation.
Diversity jurisdiction
Rules of criminal procedure
Defamation
Deposition
26. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Unofficial reporter
Exclusionary rule
Lay witness
Challenge for cause
27. 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.
Recklessness
Plea bargaining
Contributory negligence
Closed Questions
28. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
False imprisonment
Mistrial
Inculpatory evidence
Original jurisdiction
29. When an appellate court sends a case back to the trial court for a new trial or other action.
Documentary evidence
Affirmative defense
Remand
Certified
30. A tangible object or a right or ownership interest.
Fixed Fee
Negligence per se
Property
Cross-claim
31. A witness who has not been shown to have any special expertise.
Reverse
Official reporter
Pattern jury instructions
Lay witness
32. Being informed of some act done or about to be done.
Legal services offices
Notice
Directed verdict
Motion
33. 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.
Summary jury trials
Lay witness
Codification
Hypertext links
34. Evidence that is derived from an illegal search or interrogation is inadmissible.
Expert witness
Complaint
Nominal damages
Fruit of the poisonous tree doctrine
35. The requirement that relief be sought from an administrative agency before proceeding to court.
Exhaustion of administrative remedies
U.S. Court of Appeals
Materiality
Writ of execution
36. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Notice pleading
Dismissal with prejudice
Summons
Pretrial conference
37. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Tenancy by the entirety
Open Questions
Federalism
Deponent
38. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Plea bargaining
Confidentiality
Deductive reasoning
Transition
39. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
False imprisonment
Appellate brief
Remand
Confidentiality
40. Also known as real estate; land and items growing on or permanently attached to that land.
Affirmative defense
Real Property
Implied warranty of habitability
Specific performance
41. Monetary compensation - including compensatory - punitive - and nominal damages.
Intellectual Property
Class action suit
Real or physical evidence
Damages
42. 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.
Double jeopardy
Legal technician
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Search engine
43. Information about the law - such as that contained in encyclopedias and law review articles.
Third-party claim
Consideration
Secondary authority
Recidivist
44. A requirement that a party fulfill his or her contractual obligations.
Specific performance
Case reporters
Easement
Registration
45. Land and objects permanently attached to land.
Judicial activism
Documentary evidence
Real property
Primary authority
46. A book that contains court opinion headnotes arranged by subject matter.
Joint tenancy
Digest
Rules of evidence
Adverse possession
47. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Shepardizing
Treatment
Reprimand or censure
Annotated statutes
48. 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.
Preponderance of the evidence
U.S. district courts
Respondeat superior
Appellee or respondent
49. Questions that suggest the answer.
Leading questions
Lay advocate
Case reporters
Exhaustion of administrative remedies
50. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Retainer
On all fours
Bailment
Duress