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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. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Model Rules of Professional Conduct
Westlaw
Reverse
Third-party claim
2. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Procedural facts
Unauthorized practice of law
Lexis
Discovery
3. The application of legal rules to a client's specific factual situation; also known as legal analysis.
Nolo contendere
International Paralegal Management Association (IPMA) www.paralegal management.org
Invasion of Privacy
Legal Reasoning
4. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Substantive law
Leading question
Reverse
M'Naghten test
5. Evidence that is derived from an illegal search or interrogation is inadmissible.
Legislative history
Fruit of the poisonous tree doctrine
Holding
Mens rea
6. The power of a court to hear a case.
Reverse
Circumstantial evidence
Jurisdiction
Notice
7. The process of properly identifying and authenticating evidence so that it can be introduced.
Power of judicial review
Laws
Lay a foundation
Specific performance
8. The intermediate appellate courts in the federal system.
Analogous cases
Reverse
U.S. Court of Appeals
Concurring opinion
9. The process of organizing statutes by subject matter.
Restrictive covenant
Bill of Rights
Codification
Legal services offices
10. The judge informs the jurors of the law they need to know to make their decision.
Search engine
Charging the jury
Personal recognizance bond
Freelance Paralegal
11. A trial court error that is not sufficient to warrant reversing the decision.
Jurisdiction
Certified
Assault
Harmless error
12. The result reached in a particular case.
Hypertext links
Disposition
Double jeopardy
Guardian
13. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Arraignment
Overrule
Hypertext links
Writ of execution
14. The power of the federal courts to hear matters of federal law.
Federal question jurisdiction
Broad holding
Subpoena duces tecum
Restatement of the Law of Torts - Second
15. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Active Listening
Defendant
Fixed Fee
Stop and frisk
16. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Direct evidence
Tenancy in common
Case citation
Answer
17. A business run by two or more persons as co-owners.
Issue
Partnership
Statute
Unofficial reporter
18. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Analogous cases
Practice of law
Battered woman's or spouse's syndrome
Agent
19. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Loislaw
Shepardizing
Statute in derogation of the common law
20. Rules and regulations created by administrative agencies.
Hearsay
Administrative law
Personal property
Mistrial
21. A separable part of a statute that must be satisfied for the statute to apply.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Pretrial motion
Testimonial evidence
Statutory element
22. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Legal services offices
Deponent
Relevancy
23. Determined by whether the evidence leads one to logically conclude that an asserted fact is either more or less probable.
Codification of the common law
Majority opinion
Relevancy
Answer
24. When a higher court agrees with what lower court has done.
Federalism
Affirm
Slip laws
Plea bargaining
25. 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.
Appellate or petitioner
Subpoena
Federalism
Distinguishable cases
26. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Trial courts
Valid
Issue
Quiet enjoyment
27. Law dealing with ownership.
Property law
Subpoena
On all fours
Res ipsa loquitur
28. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Stare decisis
Substantial capacity test
Testimonial evidence
Full-text database
29. A national association of paralegal associations.
Prima facie case
Notice pleading
Dissenting opinion
National Federation of Paralegal Associations (NFPA) www.paralegals.org
30. A term used to describe a case that is similar to another case.
On point
Pretrial conference
Documentary evidence
Preemption
31. A request that the court order that certain information not be mentioned in the presence of the jury.
Distinguishable cases
Alternative dispute resolution (ADR)
Motion in limine
Headnote
32. A requirement that a party fulfill his or her contractual obligations.
Concluding paragraph
Disposition
Adverse possession
Specific performance
33. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Evidence
Preponderance of the evidence
Notice
Holding
34. The purpose of the legislature at the time it enacted the statute.
Legislative intent
Real property
Compulsory joinder
Easement
35. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Res ipsa loquitur
Appellee or respondent
Substantial capacity test
Attorney-client privilege
36. 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.
Harmless error
Closed Questions
Pretrial motion
General jurisdiction
37. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Inculpatory evidence
Questions of fact
Hearsay
Restatement of the Law of Torts - Second
38. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Regulation
Affirmative defense
Judicial restraint
Jurisdiction
39. A constitutional protection against being tried twice for the same crime.
Narrow Holding
U.S. Supreme Court
Double jeopardy
Judgment proof
40. A trial conducted without a jury.
Arbitration
Reverse
Bench trial
Separation of powers
41. A defendant's personal promise to appear in court.
Prior case history
Diversity jurisdiction
Personal recognizance bond
Personal jurisdiction
42. Cases that involve similar facts and rules of law.
Analogous cases
Westlaw
Mistrial
Legislative history
43. Law that deals with harm to society as a whole.
Contributory negligence
Criminal law
Arraignment
Remand
44. Used to describe legislation that changes the common law.
Federalism
Appellee or respondent
Derogation of the common law
Fixed Fee
45. A provision that purports to waive liability.
En banc
Exculpatory clause
Direct evidence
Tenancy in common
46. Proof that the evidence is what it is said to be.
Majority opinion
Cross-examination
Citation
Authentication
47. When more than one court has jurisdiction to hear a case.
Reverse
Conflict of interest
Concurrent jurisdiction
Derogation of the common law
48. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Documentary evidence
Quiet enjoyment
Paralegal
Road Map paragraph
49. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Search engine
Disposition
Loislaw
Liberal construction
50. A reason for invalidating a statute where a reasonable person could not determine a statute's meaning.
Void for vagueness
Reprimand or censure
Statute in derogation of the common law
Legal writing
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