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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. 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.
Reverse
Annotated statutes
Contributory negligence
Real or physical evidence
2. The judge informs the jurors of the law they need to know to make their decision.
Broad holding
Legal Reasoning
Full-text searches
Charging the jury
3. A computerized database that contains the full text of documents - such as court opinions or depositions.
Syllabus
Counterclaim
Westlaw
Full-text database
4. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Stare decisis
Contributory negligence
Adverse possession
5. A fee calculated as a percentage of the settlement or award in the case.
Compensatory damages
Appellant or petitioner
Contingency Fee
Stare decisis
6. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Westlaw
Summary jury trials
Corroborative evidence
Confidentiality
7. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Irresistible impulse test
Appellate or petitioner
Deposition
Entrapment
8. A witness who has not been shown to have any special expertise.
Common law
Consideration
Lay witness
Statutory element
9. A summary of one legal point in a court opinion; written by the editors at West.
Void for vagueness
Property law
Headnote
Verification
10. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Case reporters
Principle
Professional Corporation (PC)
Concurrent jurisdiction
11. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Assault
Third-party claim
Legal malpractice
Statutory element
12. All property that is not real property.
Insanity defense
Assault
Assumption
Personal property
13. 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.
Statute in derogation of the common law
Void for vagueness
Broad holding
Pretrial motion
14. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Treatment
Narrow Holding
Concurring opinion
Concurrent jurisdiction
15. The power of the federal courts to hear matters of federal law.
Adverse possession
En banc
Federal question jurisdiction
Strict construction
16. A law enacted by a state legislature or by Congress.
Diversity jurisdiction
Personal recognizance bond
Questions of fact
Statute
17. Rules and regulations created by administrative agencies.
Administrative law
Minimum contacts
Contract
Statute in derogation of the common law
18. The chronological publication of statutes at the end of a legislative session.
Harmless error
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Ethical wall or screen or cone of silence
Statutes at large or session laws
19. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Judgment
Concurrent jurisdiction
U.S. Supreme Court
Original jurisdiction
20. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Assault
Power of judicial review
Constructive
Double jeopardy
21. An opinion in which a majority of the court joins.
Majority opinion
Comparative negligence
Unauthorized practice of law
Comparative negligence
22. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Pinpoint cite
Mistrial
Internet
Appellee or respondent
23. 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.
Writ of certiorari
Practice of law
Original jurisdiction
M'Naghten test
24. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Reversible error
Reasonable suspicion
Hypertext links
Double jeopardy
25. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Preponderance of the evidence
Implied warranty of habitability
Punitive damages
Federalism
26. A right to use property owned by another for a limited purpose.
Easement
Canons of construction
Case citation
Request for admissions
27. 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.
Cross-claim
Confidentiality
Intellectual Property
Narrow Holding
28. An intentional act that creates a harmful or offensive physical contact.
Interrogatories
Battery
Procedural facts
Criminal law
29. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Pleadings
Booking
Default judgment
Citing case
30. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Persuasive authority
Inculpatory evidence
Fruit of the poisonous tree doctrine
Reverse
31. 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.
Product misuse
Best evidence rule
Reverse
Freelance Paralegal
32. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Syllabus
Judgment
Lay advocate
Issue
33. The highest federal appellate court - consisting of nine appointed members.
Criminal law
U.S. Supreme Court
Legal fiction
Competency
34. Law that deals with harm to society as a whole.
Affirm
Legal Reasoning
Criminal law
Legal writing
35. Courts that determine whether lower courts have made errors of law.
Minimum contacts
Subpoena duces tecum
Lay witness
Appellate courts
36. A worldwide network of computer networks.
Directed verdict
Plain meaning
Internet
Bailment
37. A business run by two or more persons as co-owners.
Appellate courts
Partnership
Property
Actus rea
38. A grand jury's written accusation that a given individual has committed a crime.
Verdict
Double jeopardy
Distinguishable cases
Indictment
39. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
U.S. district courts
Judgment notwithstanding the verdict (judgment N.O.V.)
Booking
Appellant or petitioner
40. A computerized database that contains key information about the content of documents - such as medical records.
Plaintiff
Self-defense
Structured database
Minor premise
41. 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.
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42. A law promulgated by an administrative agency.
Legal Reasoning
Directed verdict
Regulation
Laws
43. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Constitutional law
Void for vagueness
Search engine
Legal malpractice
44. The process of finding the law.
Booking
Discovery
Specific performance
Legal Research
45. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Ethical wall or screen or cone of silence
Compensatory damages
Third-party claim
Questions of fact
46. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Full-text database
Regulation
Compulsory joinder
Damages
47. The reference to a particular page within an opinion.
Procedural law
Pinpoint cite
Narrow Holding
Lexis
48. An agreement supported by consideration.
Authentication
Contract
Equity
Exhaustion of administrative remedies
49. Books that contain appellate court decisions. There are both official and unofficial reporters.
No-knock warrant
Concurrent conflict of interest
Case reporters
Judicial notice
50. A document that lists statements regarding specific items for the other party to admit or deny.
Plain view doctrine
Request for admissions
12(b)(6) motion
Standing
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