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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. Questions that suggest the answer.
Legal fiction
Leading questions
Questions of law
Black-letter law
2. Law that deals with harm to society as a whole.
Shepardizing
Statutes at large or session laws
Criminal law
Pretrial conference
3. When an appellate court sends a case back to the trial court for a new trial or other action.
Statute of limitations
Reverse
Remand
Civil law
4. A reason for invalidating a statute where it covers both protected and criminal activity.
Cross-examination
Subsequent case history
Overbreadth
Jurisdiction
5. Law that regulates how the legal system operates.
Legal technician
Procedural law
Major premise
Codification of the common law
6. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Defendant
Minimum contacts
On all fours
Loislaw
7. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Assumption of the risk
Paralegal
Judgment
Client trust account
8. Being informed of some act done or about to be done.
Secondary authority
Notice
Legal Reasoning
Cross-examination
9. The tort theory that an employer can be sued for the negligent acts of its employees.
Headnote
Beyond a reasonable doubt
Code
Respondeat superior
10. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Judicial review
Assumption of the risk
Alternative dispute resolution (ADR)
Irresistible impulse test
11. Ownership by two or more people. Ownership shares do not have to be equal - but each has an undivided interest in the property. When a tenant in common dies - that person's share passes either by will or by intestate statute.
Rules of evidence
Tenancy in common
Exhaustion of administrative remedies
Administrative law
12. The reference to a particular page within an opinion.
Procedural law
Grand jury
Pinpoint cite
Arbitration
13. Evidence that suggests the defendant's innocence.
Citing case
Tickler System
Common law
Exculpatory evidence
14. The failure to act reasonably under the circumstances.
Prima facie case
Motion to suppress
Easement
Negligence
15. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Constitutional law
Compulsory joinder
Easement
Civil law
16. The failure of an attorney to act reasonably.
Citing case
Lay witness
Bail
Legal malpractice
17. In deductive reasoning - the second proposition - which along with the major premise leads to the conclusion; in law - the minor premise consists of the client's facts.
Minor premise
National Association of Legal Assistants (NALA) www.nala.org
Full-text searches
Motion to suppress
18. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Reversible error
Lay advocate
Questions of fact
Affirmative defense
19. A person who assists an attorney and - working under the attorney's supervision - does tasks that - absent the paralegal - the attorney would do. A paralegal cannot give advice or appear in court.
Pocket part
Paralegal
Analogous cases
Subsequent case history
20. A special type of joint tenancy applicable only to married couples.
Tenancy by the entirety
Negligence per se
Class action suit
Issue
21. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Certificated
Constructive eviction
Transition
Attorney-client privilege
22. The new legal principle established by a court opinion.
Rule 56 motion (summary judgment motion)
Motion
Holding
Removal
23. A pamphlet inserted into the back of a book containing information new since the volume was published.
Issue
Dictum
Pocket part
American Association for Paralegal Education (AAfPE) www.aafpe.org
24. Land and objects permanently attached to land.
Corroborative evidence
Subpoena duces tecum
Bill of Rights
Real property
25. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Mens rea
Nolo contendere
Confidentiality
Legal clinic
26. Law that deals with harm to an individual.
Legal clinic
Civil law
Doctrine of implied powers
Expert witness
27. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Potential conflict
Constructive
Count
Rule
28. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Transition
Certified
Comparative negligence
Inculpatory evidence
29. Proof that the evidence is what it is said to be.
Authentication
Implied warranty of habitability
U.S. Supreme Court
Class action suit
30. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Rule 56 motion (summary judgment motion)
Judicial activism
Substantive facts
Professional Corporation (PC)
31. Private publication of court opinions-for example - the regional reporters - such as N.E.2d - published by West.
Authentication
Evidence
Unofficial reporter
Cause of action
32. A constitutional fairness requirement that a defendant have at least a certain minimum level of contact with a state before the state courts can have jurisdiction over the defendant.
Enabling act
Federalism
Minimum contacts
Prima facie case
33. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Proving a case within a case
Miranda warnings
Motion for a new trial
Digest
34. A business run by two or more persons as co-owners.
Full-text searches
Overrule
Partnership
Westlaw
35. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Expert witness
Directed verdict
Federalism
Challenge for cause
36. A defense whereby the defendant offers new evidence to avoid judgment.
Registration
Affirmative defense
Cause of action
Hypertext links
37. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Rule
Jurisdiction
Answer
International Paralegal Management Association (IPMA) www.paralegal management.org
38. The principle that courts cannot decide abstract issues or render advisory opinions; rather - they are limited to deciding cases that involve litigants who are personally affected by the court's decision.
National Association of Legal Assistants (NALA) www.nala.org
Standing
per curium
Compulsory joinder
39. The first ten amendments to the U.S. Constitution.
Constitutional law
Model Rules of Professional Conduct
Property
Bill of Rights
40. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Clearly erroneous
Irresistible impulse test
Subject matter jurisdiction
Annotated statutes
41. The power of a court to hear a particular type of case.
Subject matter jurisdiction
No-knock warrant
Full-text database
Comparative negligence
42. 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
Pinpoint cite
Questions of law
Clear and convincing
43. 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.
Codification
Headnote
Conflict of interest
Motion to require a finding of not guilty
44. 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
Overbreadth
Procedural facts
American Association for Paralegal Education (AAfPE) www.aafpe.org
45. An opinion that agrees with the majority's result but disagrees with the reasoning.
Rule 56 motion (summary judgment motion)
Concurring opinion
Substantive law
Statutes of limitations
46. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Judicial review
Entrapment
Plaintiff
Analogous cases
47. A statute that changes the common law.
Westlaw
Statute in derogation of the common law
Respondeat superior
Property law
48. Voluntarily and knowingly subjecting oneself to danger.
Treatment
Assumption of the risk
Relevancy
Headnote
49. A request that the court order a rehearing of a lawsuit because irregularities - such as errors of the court or jury misconduct - make it probable that an impartial trial do not occur.
Motion for a new trial
Narrow Holding
Professional judgment
Joint tenancy
50. A provision in a deed that prohibits specified uses of the property.
Implied warranty of habitability
Criminal law
Guardian
Restrictive covenant