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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 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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2. 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.
Judgment proof
Concurrent jurisdiction
Codification of the common law
Standing
3. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Substantive law
Reasonable suspicion
Challenge for cause
On all fours
4. An approach whereby the courts give a statute a broad interpretation.
Hourly rate
Liberal construction
Secondary authority
Closed Questions
5. A judicial philosophy that supports an active role for the judiciary in changing the law.
Holding
Entrapment
Evidence
Judicial activism
6. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Legal fiction
Contributory negligence
Minimum contacts
Summons
7. In a case brief - the rule of law applied to the case's specific facts.
Issue
Evidence
Arbitration
Federal question jurisdiction
8. Evidence that is derived from an illegal search or interrogation is inadmissible.
Fruit of the poisonous tree doctrine
Retreat exception
Contingency Fee
Request for admissions
9. Federal and state rules that regulate how criminal proceedings are conducted.
Intentional tort
Reprimand or censure
Rules of criminal procedure
Successive conflict of interest
10. 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
Tickler System
Deductive reasoning
Lexis
11. A request that the court prohibit the use of certain evidence at the trial.
Irresistible impulse test
Charging the jury
Motion to suppress
Civil law
12. A constitutional protection against being tried twice for the same crime.
Pleadings
Remedial statute
Double jeopardy
Search engine
13. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Guardian
Reverse
Analogous cases
Statute
14. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Contributory negligence
Legal Reasoning
Entrapment
Injunction
15. The judge informs the jurors of the law they need to know to make their decision.
Guardian
Removal
Charging the jury
Cross-examination
16. Summary of one legal point in a court opinion; written by the editors at West.
Loislaw
Headnote
Retainer agreement
Overrule
17. In deductive reasoning - the statement of a broad proposition that forms the starting point; in law - the statement of a legal rule that you can find in a statute or court opinion.
Judicial review
Legal fiction
Major premise
Equity
18. The intermediate appellate courts in the federal system.
Assumption
Retainer agreement
U.S. Court of Appeals
Limited liability partnership (LLP)
19. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Exclusionary rule
Defendant
Practice of law
Judicial review
20. A court opinion that establishes new law in an important area.
Power of judicial review
Punitive damages
Landmark decision
Comparative negligence
21. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Legal services offices
Citation
Prior case history
Miranda warnings
22. 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.
Judicial notice
Distinguishable cases
Relevancy
Legal fiction
23. An intentional act that creates a harmful or offensive physical contact.
Battery
Restatement of the Law of Torts - Second
Broad holding
Rules of evidence
24. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Complaint
Duress
Statutory element
Disbarment
25. Evidence that suggests the defendant's guilt.
Proving a case within a case
Concurring opinion
Slip laws
Inculpatory evidence
26. 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
Negligence
Warrant
Reverse
27. A pamphlet inserted into the back of a book containing information new since the volume was published.
Miranda warnings
Pocket part
Canons of construction
Joint tenancy
28. A decision is overruled when a court in a later case changes the law that the decision in the earlier case is no longer good law.
Quiet enjoyment
Overrule
Affirmative defense
Personal property
29. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Property law
Stop and frisk
Stare decisis
Mandatory authority
30. Law dealing with ownership.
Majority opinion
Property law
Analogous cases
Liberal construction
31. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Limited liability partnership (LLP)
Successive conflict of interest
Circumstantial evidence
Paralegal
32. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Overrule
Fixed Fee
Judgment proof
Authentication
33. An agreement supported by consideration.
Subsequent case history
Confidentiality
Contract
Battery
34. The failure of an attorney to act reasonably.
Confidentiality
Civil law
Road Map paragraph
Legal malpractice
35. All property that is not real property.
Strict liability
Shepardizing
Limited jurisdiction
Personal property
36. Someone who has the power to act in the place of another.
Agent
Appellate or petitioner
Judicial activism
Professional Corporation (PC)
37. 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.
Grand jury
Tickler System
Mistrial
Tenancy in common
38. A statement in a judicial opinion not necessary for the decision of the case.
Harmless error
Laws
Cross-examination
Dictum
39. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Professional Corporation (PC)
Appellee or respondent
Tort law
Substantive law
40. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Agent
Federalism
Limited liability partnership (LLP)
Road Map paragraph
41. The questioning of your own witness.
Prima facie case
Lexis
Recidivist
Direct examination
42. An opinion that disagrees with the majority's decision and reasoning.
Client trust account
Adverse possession
International Paralegal Management Association (IPMA) www.paralegal management.org
Dissenting opinion
43. 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.
Lay witness
Legal technician
Recidivist
Judicial activism
44. A witness who has not been shown to have any special expertise.
Pleading in the alternative
Judgment notwithstanding the verdict (judgment N.O.V.)
Lay witness
Hourly rate
45. A system of government in which the authority to govern is split between a single - nationwide central government and several regional governments that control specific geographical areas.
Request for admissions
Appellate courts
Federalism
Unofficial reporter
46. General principles that guide the courts in their interpretation of statutes.
Appellee or respondent
Legal technician
Canons of construction
Certified
47. A person who initiates an appeal.
Remedial statute
Fact
Legislative intent
Appellant or petitioner
48. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation. There is no entry for the topic Husband and Wife.
Statutes of limitations
Subsequent case history
Issue
Citation
49. A computerized database that contains the full text of documents - such as court opinions or depositions.
Competency
Deductive reasoning
Lay a foundation
Full-text database
50. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Deductive reasoning
Harmless error
Enabling act
Arbitration