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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. Law dealing with ownership.
Real Property
Property law
12(b)(6) motion
Citation
2. 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.
Judicial restraint
Subpoena
Rules of criminal procedure
Irresistible impulse test
3. 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.
On point
Concurrent conflict of interest
Procedural law
Legal clinic
4. The reference to a particular page within an opinion.
Separation of powers
Arraignment
Plain meaning
Pinpoint cite
5. A fee based on how many hours attorneys or paralegals spend on the case. Different hourly rates are often charged for different attorneys and paralegals within the firm - based on their seniority and experience.
Legislative intent
Compensatory damages
Hourly rate
Peremptory challenge
6. To perform.
U.S. Court of Appeals
Search engine
Execute
Appellate courts
7. 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.
Procedural facts
Harmless error
Tenancy in common
Doctrine of implied powers
8. The status of being formally recognized by a nongovernmental organization for having met special criteria - such as fulfilling educational requirements and passing an exam - established by that organization.
Reverse
Verdict
Certified
Narrow Holding
9. When the defendant does not have sufficient money or other assets to pay the judgment.
Pocket part
Retreat exception
Judgment proof
Preemption
10. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Treatment
Default judgment
Cross-examination
Codification of the common law
11. A court order that a person who is not a party to the litigation appear at a trial or deposition and bring requested documents.
Registration
Subpoena duces tecum
Direct evidence
Jurisdiction
12. A computerized database that contains the full text of documents - such as court opinions or depositions.
Citation
Full-text database
U.S. Supreme Court
Concurring opinion
13. A public or private statement that an attorney's conduct violated the code of ethics.
Actual cause
Pleading in the alternative
U.S. district courts
Reprimand or censure
14. Someone in court testifying to what someone said out of court for the purpose of establishing the truth of what was said.
Substantial capacity test
Hearsay
Procedural law
Best evidence rule
15. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Constructive eviction
Court of record
Power of judicial review
Mistrial
16. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Summary jury trials
Active Listening
Ethical wall or screen or cone of silence
Conflict of interest
17. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Double jeopardy
Affirm
Reverse
Court of record
18. 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.
Separation of powers
Potential conflict
Standing
Concurrent jurisdiction
19. 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)
Easement
Battered woman's or spouse's syndrome
Personal property
20. Something of value exchanged to form the basis of a contract.
Tickler System
Recklessness
Relevancy
Consideration
21. An act by a landlord that makes the premises unfit or unsuitable for occupancy.
Respondeat superior
Res ipsa loquitur
Constructive eviction
Bailment
22. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Codification of the common law
Pleadings
Probable cause
23. A separable part of a statute that must be satisfied for the statute to apply.
Statutory element
Power of judicial review
Client trust account
Diversity jurisdiction
24. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Preponderance of the evidence
Affirmative defense
Voir dire
Intellectual Property
25. Consists of records - contracts - leases - wills - and other written instruments.
Documentary evidence
Analogous cases
Damages
Exculpatory clause
26. Cases that involve similar facts and rules of law.
Analogous cases
Voir dire
Legislative history
Motion
27. Liability without having to prove fault.
Strict liability
Double jeopardy
Authentication
Motion to suppress
28. Including more than one count in a complaint; the counts do not need to be consistent.
Major premise
Court of record
Pleading in the alternative
Damages
29. A set charge for a specific service - such as drafting a simple will.
Case citation
Property
Fixed Fee
Answer
30. A court opinion that establishes new law in an important area.
Landmark decision
per curium
Official reporter
Harmless error
31. A witness who possesses skill and knowledge beyond that of the average person.
Expert witness
Pretrial conference
Inculpatory evidence
Power of judicial review
32. An opinion that disagrees with the majority's decision and reasoning.
Dissenting opinion
Statute of limitations
Suspension
Recklessness
33. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Structured database
Judicial review
Professional Corporation (PC)
Questions of law
34. The educated ability to apply law to specific facts.
Beyond a reasonable doubt
Professional judgment
Necessity
Persuasive authority
35. An agreement supported by consideration.
Implied warranty of habitability
Contract
Affirmative defense
Unofficial reporter
36. 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.
Clear and convincing
Contract
Direct examination
Procedural facts
37. The power of a court to hear a case.
Cross-claim
Substantive law
Jurisdiction
Professional Corporation (PC)
38. An online legal database containing court decisions and statutes from the entire country. While its coverage of other legal mateirals is not as extensive as that of Westlaw and Lexis - it is also less expensive.
Loislaw
Liberal construction
Administrative law
Issue
39. A pamphlet inserted into the back of a book containing information new since the volume was published.
Pocket part
Judgment proof
Leading questions
Verdict
40. A book that contains court opinion headnotes arranged by subject matter.
Secondary authority
Digest
Arraignment
Concurring opinion
41. 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.
Court of record
Nominal damages
Paralegal
Irresistible impulse test
42. An ADR mechanism whereby the parties submit their disagreement to a third party - whose decision is binding.
Arbitration
Liberal construction
Dissenting opinion
Suspension
43. Money or something else of value that is held by the government to ensure the defendant's appearance in court.
Remand
Legal Reasoning
Bail
Lay witness
44. A method for excusing a prospective juror; no reason need be given.
Lexis
Notice pleading
Peremptory challenge
Motion in limine
45. A grand jury's written accusation that a given individual has committed a crime.
Procedural law
Indictment
Exculpatory clause
Common law
46. Information about what happened procedurally to the cited case before it was heard by the cited court. Do not include this information in a citation.
Personal jurisdiction
Counterclaim
Prior case history
Remedial statute
47. The delivery of a pleading or other paper in a lawsuit to the opposing party.
Structured database
Loislaw
Preemption
Service
48. Law that deals with harm to a person or a person's property.
Summons
Tort law
Model Rules of Professional Conduct
Mens rea
49. A document that lists statements regarding specific items for the other party to admit or deny.
Annotated statutes
Subpoena
Request for admissions
Nolo contendere
50. The number of hours - or parts of an hour - that can be charged to a specific client.
Potential conflict
Remand
Billable hours
Writ of execution
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