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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 intermediate appellate courts in the federal system.
Writ of certiorari
U.S. Court of Appeals
False imprisonment
Certified
2. The power of a court to force a person to appear before it.
Nolo contendere
M'Naghten test
Clear and convincing
Personal jurisdiction
3. Indirect evidence - used to prove facts by implication.
Circumstantial evidence
Substantive law
Summons
Plain meaning
4. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Comparative negligence
Unauthorized practice of law
Appellant or petitioner
Primary authority
5. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Road Map paragraph
Disbarment
Constructive
Cross-examination
6. A warrant that allows the police to enter without announcing their presence in advance.
Reverse
Lay witness
Client trust account
No-knock warrant
7. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Power of judicial review
Testimonial evidence
On point
8. The power of a court to hear a case.
Limited jurisdiction
False imprisonment
Jurisdiction
U.S. Supreme Court
9. An opinion that agrees with the majority's result but disagrees with the reasoning.
Contingency fee
Motion to suppress
Concurring opinion
Narrow Holding
10. A defense whereby the defendant offers new evidence to avoid judgment.
Affirmative defense
Broad holding
Notice pleading
Headnote
11. Being informed of some act done or about to be done.
Evidence
Notice
Entrapment
Intellectual Property
12. Any tangible object - like a bloody glove.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Judicial restraint
Headnote
Real or physical evidence
13. The failure to act reasonably under the circumstances.
Legislative history
Mediation
Negligence
Corroborative evidence
14. A body of principles and rules that are either explicitly stated in - or inferred from - the constitutions of the United States and those of the individual states.
Overrule
Plaintiff
Constitutional law
Syllabus
15. 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.
Concurrent conflict of interest
Persuasive authority
Reverse
On point
16. Information that can be presented in a court of law as proof of some fact.
Evidence
Self-defense
Tickler System
Dissenting opinion
17. A privately published statutory code that includes editorial features - such as summaries of court opinions that have interpreted the statutes.
Arrest
Annotated statutes
Actus rea
Treatment
18. 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.
Administrative law
Legislative history
Practice of law
Evidence
19. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
M'Naghten test
Tickler System
Nominal damages
Active Listening
20. A business run by two or more persons as co-owners.
Peremptory challenge
Personal jurisdiction
Partnership
Certified
21. In a case brief - the general legal principle in existence before the case began.
Retreat exception
Class action suit
Count
Rule
22. A right to use property owned by another for a limited purpose.
Rule 56 motion (summary judgment motion)
Contributory negligence
Easement
Voir dire
23. The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost.
Judicial activism
Subpoena
Statutes of limitations
On point
24. A tort committed by one who intends to do the act that creates the harm.
American Bar Association (ABA) www.abanet.org
Search engine
Statute in derogation of the common law
Intentional tort
25. A summary of a court opinion that appears at the beginning of the case.
Assault
Annotated statutes
Syllabus
Arbitration
26. 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.
Restatement of the Law of Torts - Second
Product misuse
Codification of the common law
Preemption
27. Law that deals with harm to society as a whole.
Prior case history
Criminal law
Quiet enjoyment
Codification of the common law
28. Governmental publication of court opinions.
Actual cause
Holding
Consideration
Official reporter
29. 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.
Products liability
Removal
Class action suit
Subsequent case history
30. 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.
Competency
Legal technician
Restrictive covenant
Motion
31. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Grand jury
Third-party claim
Affirmative defense
Miranda warnings
32. The papers that begin a lawsuit-generally - the complaint and the answer.
Actual cause
Direct examination
Limited liability partnership (LLP)
Pleadings
33. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Standing
Popular name table
Writ of habeas corpus
Materiality
34. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Secondary authority
Cause of action
Miranda warnings
Harmless error
35. A court order requiring a person to appear to testify at a trial or deposition.
Professional judgment
Substantial capacity test
No-knock warrant
Subpoena
36. Written questions sent by one side to the opposing side - answered under oath.
Interrogatories
Broad holding
Trial courts
Competency
37. A meeting of the attorneys and the judge prior to the beginning of the trial.
Vicarious representation
Pretrial conference
Liberal construction
Minimum contacts
38. Courts that determine the facts and apply the law to the facts.
Trial courts
Class action suit
Defendant
Ejusdem generis
39. A trial conducted without a jury.
Successive conflict of interest
Bench trial
Stop and frisk
Bailment
40. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Contributory negligence
Registration
Syllabus
Freelance Paralegal
41. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Concurrent jurisdiction
Retreat exception
Annotated statutes
Summons
42. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Pretrial conference
Harmless error
False imprisonment
Stare decisis
43. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Practice of law
General jurisdiction
Deponent
Substantive law
44. 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
Injunction
Affirm
Harmless error
45. When an appellate court that normally sits in panels sits as a whole.
Plea bargaining
En banc
Pleadings
Procedural facts
46. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Affirm
Beyond a reasonable doubt
Subpoena duces tecum
Diversity jurisdiction
47. A national association of paralegal managers.
Code
Retreat exception
International Paralegal Management Association (IPMA) www.paralegal management.org
Transition
48. Evidence that suggests the defendant's guilt.
Headnote
Popular name table
Inculpatory evidence
Partnership
49. 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.
Minimum contacts
Separation of powers
Reprimand or censure
Legal clinic
50. Questions that suggest the answer.
Personal property
Cause of action
Leading questions
Product misuse