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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. A national association of paralegal managers.
Hourly rate
International Paralegal Management Association (IPMA) www.paralegal management.org
Full-text searches
Overrule
2. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Injunction
Affirm
Harmless error
Legal fiction
3. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Interrogatories
Exhaustion of administrative remedies
Distinguishable cases
Class action suit
4. 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
U.S. Court of Appeals
Directed verdict
Probable cause
5. Law that creates rights and duties.
Real or physical evidence
Substantive law
Exclusive jurisdiction
Common law
6. 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.
Clearly erroneous
Structured database
Model Rules of Professional Conduct
Citation
7. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Court of record
Contingency fee
Narrow Holding
En banc
8. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Remedial statute
Affirmative defense
Pretrial motion
Bail
9. The failure to act reasonably under the circumstances.
Personal property
Dissenting opinion
Negligence
Attorney-client privilege
10. The questioning of your own witness.
Respondeat superior
Enabling act
Direct examination
Quiet enjoyment
11. An agreement supported by consideration.
Actus rea
Contract
Rules of criminal procedure
Remand
12. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Verification
Valid
Shepardizing
Practice of law
13. A right to use property owned by another for a limited purpose.
Full-text searches
Statute of limitations
Judicial restraint
Easement
14. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Legal Reasoning
Invasion of Privacy
False imprisonment
Code of Federal Regulations (C.F.R.)
15. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Preemption
Consideration
Potential conflict
Self-defense
16. 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.
Substantial capacity test
Legal fiction
Analogous cases
Count
17. Including more than one count in a complaint; the counts do not need to be consistent.
Pleading in the alternative
Third-party claim
Constitutional law
Civil law
18. The process of finding the law.
Persuasive authority
Legal Research
Specific performance
Concluding paragraph
19. A tangible object or a right or ownership interest.
Property
Bail
Search engine
En banc
20. The rule that in order to claim self-defense there must have been no possibility of retreat.
Subpoena
Legal services offices
Retreat exception
Plain view doctrine
21. 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
Potential conflict
Legal Research
Entrapment
22. 'The thing speaks for itself'; the doctrine that suggest negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
Res ipsa loquitur
Pretrial motion
Legislative history
Rule 56 motion (summary judgment motion)
23. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Affirm
Separation of powers
Invasion of Privacy
Transition
24. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Exculpatory evidence
Service
Assault
Duress
25. An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable - voluntary compromise.
Standing
Mediation
Product misuse
Entrapment
26. A summary of a court opinion that appears at the beginning of the case.
Fact
Syllabus
Joint tenancy
Mandatory authority
27. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Freelance Paralegal
Appellee or respondent
Dictum
Peremptory challenge
28. The first ten amendments to the U.S. Constitution.
Bill of Rights
Active Listening
Battery
Fruit of the poisonous tree doctrine
29. 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
Products liability
Proximate cause
Practice of law
30. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Relevancy
Stare decisis
Valid
Full-text searches
31. Land and objects permanently attached to land.
Syllabus
Intentional tort
Real property
Practice of law
32. Establishes a direct link to the event that must be proven.
Direct evidence
Exculpatory evidence
Exculpatory clause
Case reporters
33. 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).
Tenancy in common
Plain view doctrine
Joint tenancy
Execute
34. Courts that determine whether lower courts have made errors of law.
Appellate courts
U.S. Court of Appeals
Invasion of Privacy
Statutory element
35. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Nominal damages
Practice of law
Legal services offices
Alternative dispute resolution (ADR)
36. A statement in a judicial opinion not necessary for the decision of the case.
U.S. district courts
Enabling act
Concluding paragraph
Dictum
37. 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.
Arraignment
Disposition
Statutory element
Reverse
38. In a case brief - the rule of law applied to the case's specific facts.
Best evidence rule
Charging the jury
Rule
Issue
39. General principles that guide the courts in their interpretation of statutes.
Digest
Property
Statute in derogation of the common law
Canons of construction
40. A request that the court release the defendant because of the illegality of the incarceration.
Statutes at large or session laws
Legal malpractice
Legal fiction
Writ of habeas corpus
41. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Property
Paralegal
En banc
Broad holding
42. An opinion that agrees with the majority's result but disagrees with its reasoning.
Inculpatory evidence
Exclusionary rule
Concurring opinion
Fruit of the poisonous tree doctrine
43. A computerized database that contains key information about the content of documents - such as medical records.
Actus rea
Double jeopardy
Structured database
Comparative negligence
44. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Common law
Tenancy by the entirety
Judgment proof
Mistrial
45. Questions relating to the interpretation or application of the law.
Preemption
Battered woman's or spouse's syndrome
Questions of law
Deductive reasoning
46. Law that regulates how the legal system operates.
Annotated statutes
Procedural law
Invasion of Privacy
Pretrial motion
47. Specific questions that usually demand very short or yes-no answers.
Closed Questions
Writ of habeas corpus
Pretrial motion
Reverse
48. Bad intent.
Mens rea
Pretrial conference
Constructive eviction
Dictum
49. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Exculpatory clause
Summons
Void for vagueness
Warrant
50. A business run by two or more persons as co-owners.
Retainer agreement
Motion
Rules of criminal procedure
Partnership