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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. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Retreat exception
Treatment
Peremptory challenge
Entrapment
2. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Statute
Answer
Restrictive covenant
Actus rea
3. A set of standardized jury instructions.
Tenancy in common
Real Property
Contract
Pattern jury instructions
4. A method for excusing a prospective juror; no reason need be given.
Peremptory challenge
Laws
False imprisonment
Subpoena duces tecum
5. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Federal question jurisdiction
Legal writing
Common law
6. A court order authorizing a sheriff to take property in order to enforce a judgment.
Testimonial evidence
Model Rules of Professional Conduct
Best evidence rule
Writ of execution
7. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Real Property
Disposition
Retainer
8. Representing someone who is in a position adverse to a prior client.
Jurisdiction
Successive conflict of interest
Judgment proof
Holding
9. The failure to act reasonably under the circumstances.
Negligence
Quiet enjoyment
Ejusdem generis
Appellant or petitioner
10. An intentional act that creates a harmful or offensive physical contact.
Battery
Subsequent case history
12(b)(6) motion
Default judgment
11. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Appellant or petitioner
Subpoena duces tecum
Adverse possession
12. 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.
Personal property
Product misuse
Stare decisis
Directed verdict
13. Negligence by the plaintiff that contributed to his or her injury. Normally - any finding of contributory negligence acts as a complete bar to a plaintiff's recovery.
Default judgment
Contributory negligence
Fixed Fee
Federalism
14. Attorney compensation as a percentage of the amount recovered rather than a flat amount of money or an hourly fee.
Contingency fee
Westlaw
Popular name table
Caption
15. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Intentional tort
Statute in derogation of the common law
Assault
Unauthorized practice of law
16. An opinion that disagrees with the majority's decision and its reasoning.
Eminent Domain
Motion in limine
Deductive reasoning
Dissenting opinion
17. 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.
Legal malpractice
Grand jury
Arraignment
Registration
18. 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.
Discovery
Res ipsa loquitur
Competency
Recklessness
19. To perform.
Execute
Count
Default judgment
Quiet enjoyment
20. When a higher court agrees with what lower court has done.
Valid
Deposition
Practice of law
Affirm
21. A suspicion based on specific facts; less than probable cause.
Invasion of Privacy
Remand
Miranda warnings
Reasonable suspicion
22. 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
Power of judicial review
Double jeopardy
Reverse
23. A statement in a judicial opinion not necessary for the decision of the case.
Dictum
Battered woman's or spouse's syndrome
Assault
Contributory negligence
24. Evidence that suggests the defendant's innocence.
En banc
Nolo contendere
Consideration
Exculpatory evidence
25. The first ten amendments to the U.S. Constitution.
Active Listening
Bill of Rights
Secondary authority
Implied warranty of habitability
26. The judge informs the jurors of the law they need to know to make their decision.
Grand jury
Full-text searches
Charging the jury
Statute of limitations
27. A tangible object or a right or ownership interest.
Plea bargaining
Property
Assumption of the risk
Overbreadth
28. When only one court has the power to hear a case.
Intellectual Property
Reversible error
Exclusive jurisdiction
Appellant or petitioner
29. The rule that in order to claim self-defense there must have been no possibility of retreat.
Diversity jurisdiction
Retreat exception
Nominal damages
Circumstantial evidence
30. The general jurisdiction trial courts in the federal system.
U.S. district courts
Questions of law
No-knock warrant
Transition
31. Evidence that supports previous testimony but that comes in a different form.
Professional judgment
Legal fiction
Rule 56 motion (summary judgment motion)
Corroborative evidence
32. A business run by two or more persons as co-owners.
Freelance Paralegal
Partnership
Prima facie case
Removal
33. Voluntarily and knowingly subjecting oneself to danger.
Assumption of the risk
Stare decisis
Major premise
Constitutional law
34. A case listed in Shepard's that cites your case.
Mistrial
Substantive law
Citing case
Substantive facts
35. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Adverse possession
Testimonial evidence
Judgment notwithstanding the verdict (judgment N.O.V.)
Cumulative evidence
36. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Full-text searches
Issue of first impression
Pattern jury instructions
Confidentiality
37. 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.
Headnote
Broad holding
U.S. Court of Appeals
Internet
38. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Counterclaim
Answer
Road Map paragraph
39. 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.
Concurrent conflict of interest
Retreat exception
Legal technician
Warrant
40. A summary of one legal point in a court opinion; written by the editors at West.
Transition
Best evidence rule
Trial courts
Headnote
41. Questions relating to what happened: who - what - when - where - and how.
Expert witness
Questions of fact
Issue
American Bar Association (ABA) www.abanet.org
42. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Analogous cases
Circumstantial evidence
Comparative negligence
Service
43. A set charge for a specific service - such as drafting a simple will.
Fixed Fee
Standing
Count
Open Questions
44. The revocation of an attorney's license.
Disbarment
Rule 56 motion (summary judgment motion)
Actus rea
Conflict of interest
45. Any tangible object - like a bloody glove.
Intellectual Property
Real or physical evidence
Contract
12(b)(6) motion
46. When an appellate court sends a case back to the trial court for a new trial or other action.
Documentary evidence
Limited jurisdiction
U.S. Court of Appeals
Remand
47. A worldwide network of computer networks.
Official reporter
Analogous cases
Internet
Limited jurisdiction
48. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Open Questions
Pleadings
Power of judicial review
Popular name table
49. The pleading that begins a lawsuit.
Summons
Intentional tort
Arbitration
Complaint
50. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Personal property
Canons of construction
Fruit of the poisonous tree doctrine
Motion to require a finding of not guilty
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