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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. All property that is not real property.
Personal property
Overrule
Paralegal
Standing
2. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Restrictive covenant
Concluding paragraph
Questions of law
Defendant
3. In a case brief - the general legal principle in existence before the case began.
Rule
Negligence
Property law
Directed verdict
4. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Holding
Affirmative defense
Legal writing
Bail
5. A trial court error that is not sufficient to warrant reversing the decision.
Answer
Confidentiality
Specific performance
Harmless error
6. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Concurring opinion
Conflict of interest
Trial courts
Citing case
7. The process of finding the law.
Negligence
Contributory negligence
Paralegal
Legal Research
8. A defendant's personal promise to appear in court.
Negligence
Personal recognizance bond
Actual cause
Federalism
9. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Secondary authority
Testimonial evidence
Charging the jury
Structured database
10. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Testimonial evidence
Active Listening
Clearly erroneous
Respondeat superior
11. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
Administrative law
Nominal damages
Clear and convincing
Reprimand or censure
12. 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.
Legal technician
Legal fiction
Registration
Appellee or respondent
13. A separable part of a statute that must be satisfied for the statute to apply.
Slip laws
Contributory negligence
Statutory element
Ejusdem generis
14. Federal and state rules that govern the admissibility of evidence in court.
Rules of evidence
Legal clinic
Overbreadth
Harmless error
15. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Complaint
Vicarious representation
Separation of powers
16. An agreement supported by consideration.
Harmless error
Prior case history
Contract
Dictum
17. The authority of a court to hear a case when it is initiated - as opposed to appellate jurisdiction.
Mediation
Original jurisdiction
Affirm
Landmark decision
18. A person who initiates an appeal.
Statute in derogation of the common law
Exigent circumstances
Appellant or petitioner
Cumulative evidence
19. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Remedial statute
Hearsay
Contributory negligence
20. A law enacted by a state legislature or by Congress.
Battery
Statute
Mens rea
Fruit of the poisonous tree doctrine
21. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Unauthorized practice of law
Fixed Fee
Lay witness
22. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Regulation
Diversity jurisdiction
Westlaw
Registration
23. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Limited jurisdiction
Shepardizing
Adverse possession
Exclusive jurisdiction
24. A business run by two or more persons as co-owners.
Contract
Partnership
Legal Reasoning
Arrest
25. 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
False imprisonment
Statute of limitations
Reverse
26. A request that the court order that certain information not be mentioned in the presence of the jury.
Motion in limine
per curium
Standing
Mistrial
27. The standard of proof used in criminal trials. The evidence represented must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors' minds.
Beyond a reasonable doubt
Conflict of interest
No-knock warrant
Documentary evidence
28. A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Mediation
Attorney-client privilege
Remedial statute
Landmark decision
29. A determination that an attorney may not practice law for a set period of time.
Judgment proof
Default judgment
Suspension
National Federation of Paralegal Associations (NFPA) www.paralegals.org
30. '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.
Registration
Principle
Professional judgment
Res ipsa loquitur
31. 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.
Issue
Broad holding
Writ of execution
Code
32. The result reached in a particular case.
U.S. Court of Appeals
Consideration
Disposition
Suspension
33. The general jurisdiction trial courts in the federal system.
Invasion of Privacy
Internet
Complaint
U.S. district courts
34. Law that deals with harm to a person or a person's property.
Pleadings
Tort law
Default judgment
Comparative negligence
35. In logic - a belief that justifies one in arguing a conclusion.
Treatment
Proving a case within a case
Assumption
Procedural facts
36. A statement in a judicial opinion not necessary for the decision of the case.
Corroborative evidence
per curium
Billable hours
Dictum
37. The questioning of your own witness.
Motion
Circumstantial evidence
Issue
Direct examination
38. In a case brief - facts that relate to what happened procedurally in the lower courts or administrative agencies before the case reached the court issuing the opinion.
Proving a case within a case
Battered woman's or spouse's syndrome
Procedural facts
Paralegal
39. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Real property
Doctrine of implied powers
Statute in derogation of the common law
Injunction
40. A trial ended by the judge because of a major problem - such as a prejudicial statement by one of the attorneys.
Narrow Holding
Restrictive covenant
Mistrial
Voir dire
41. A motion brought before the beginning of a trial either to eliminate the necessity for a trial or to limit the information that can be heard at the trial.
Pretrial motion
Digest
Statutes at large or session laws
Intellectual Property
42. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
Dissenting opinion
Class action suit
Unofficial reporter
Testimonial evidence
43. The modern pretrial procedure by which one party gains information from the adverse party.
Exclusionary rule
Concluding paragraph
Discovery
Separation of powers
44. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Issue of first impression
Proximate cause
Lay advocate
Deposition
45. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Valid
Self-defense
Legal fiction
Tickler System
46. The process of legislative enactment of areas of the law previously governed solely by the common law.
Model Rules of Professional Conduct
General jurisdiction
Rules of evidence
Codification of the common law
47. The party in a case against whom an appeal has been filed.
Federalism
Legal clinic
Appellee or respondent
U.S. Court of Appeals
48. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Corroborative evidence
Notice pleading
Loislaw
Hourly rate
49. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Procedural law
Miranda warnings
Black-letter law
50. The publication of false statements that harm a person's reputation.
Retainer
Defamation
Westlaw
Rules of evidence