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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. An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact.
Assault
Double jeopardy
Cross-claim
Certificated
2. General principles that guide the courts in their interpretation of statutes.
Leading questions
Nominal damages
Paralegal
Canons of construction
3. 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.
Authentication
Jurisdiction
Fixed Fee
Paralegal
4. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Deponent
Active Listening
Judicial restraint
Minimum contacts
5. The person who is being asked questions at a deposition.
Motion in limine
Statute in derogation of the common law
Assumption of the risk
Deponent
6. Broad questions that put few limits on the freedom of the respondent.
Open Questions
Bench trial
Issue of first impression
Westlaw
7. A defense requiring proof that the defendant would not have committed the crime but for police trickery.
Entrapment
Cross-claim
Legal clinic
Unofficial reporter
8. A trial court error that is not sufficient to warrant reversing the decision.
Billable hours
Reversible error
Ethical wall or screen or cone of silence
Harmless error
9. Someone who has the power to act in the place of another.
Agent
Affirm
Prima facie case
Implied warranty of habitability
10. A book that contains court opinion headnotes arranged by subject matter.
Digest
Leading questions
Challenge for cause
Citation
11. The process by which individuals or organizations have their names placed on an official list kept by some private organization or governmental agency.
Loislaw
Stop and frisk
Registration
Rules of criminal procedure
12. A national association of paralegal managers.
Adverse possession
International Paralegal Management Association (IPMA) www.paralegal management.org
Constructive
Tenancy by the entirety
13. A witness who has not been shown to have any special expertise.
Lay witness
Court of record
Case reporters
National Association of Legal Assistants (NALA) www.nala.org
14. When an appellate court overturns or negates the decision of a lower court.
Intellectual Property
Successive conflict of interest
Reverse
Legal technician
15. A national paralegal association.
Warrant
Entrapment
Billable hours
National Association of Legal Assistants (NALA) www.nala.org
16. The standard of proof most commonly used in civil trials. The evidence presented must prove that it is more likely than not the defendant committed the wrong.
Legal services offices
Preponderance of the evidence
Statute in derogation of the common law
Self-defense
17. The rules whereby all members of a law firm are treated as though they had represented the former client.
Judgment notwithstanding the verdict (judgment N.O.V.)
Lay a foundation
Vicarious representation
Overbreadth
18. How subsequent cases have affected the case you are Shepardizing. It is sometimes indicated by a one-letter abbreviation before the Shepard's citation.
Statute in derogation of the common law
Treatment
12(b)(6) motion
Clear and convincing
19. 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.
Fruit of the poisonous tree doctrine
Motion in limine
Code
Irresistible impulse test
20. Rules and regulations created by administrative agencies.
Administrative law
Limited jurisdiction
Statutes at large or session laws
En banc
21. 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.
Recidivist
Ethical wall or screen or cone of silence
Certified
Assault
22. The modern pretrial procedure by which one party gains information from the adverse party.
En banc
Discovery
Subject matter jurisdiction
Preponderance of the evidence
23. The questioning of your own witness.
Popular name table
Digest
Direct examination
Lay a foundation
24. A set of standardized jury instructions.
Judicial notice
Pattern jury instructions
Battered woman's or spouse's syndrome
Negligence
25. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Testimonial evidence
Issue of first impression
Judicial activism
Contributory negligence
26. The power of the federal government to prevent the states from passing conflicting laws - and sometimes even to prohibit states from passing any laws on a particular subject.
Preemption
Reverse
Equity
No-knock warrant
27. A person who initiates an appeal.
Injunction
Contingency Fee
Appellant or petitioner
Intentional tort
28. 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.
Prior case history
Affirmative defense
Federalism
Active Listening
29. Specific questions that usually demand very short or yes-no answers.
M'Naghten test
Closed Questions
Real or physical evidence
Eminent Domain
30. 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.
Statutes at large or session laws
Affirmative defense
Motion for a new trial
Restatement of the Law of Torts - Second
31. A repeat offender; one who continues to commit more crimes.
Judicial activism
Recidivist
On point
Duress
32. 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.
Self-defense
Prior case history
Stare decisis
Statute of limitations
33. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Remand
Testimonial evidence
Valid
Jurisdiction
34. Disregarding a substantial and unjustifiable risk that harm will result.
Jurisdiction
Complaint
No-knock warrant
Recklessness
35. Affiliated with the federal government's Legal Services Corporation - these offices serve those who would otherwise be unable to afford legal assistance.
Legal services offices
Assumption
Legal technician
Vicarious representation
36. Evidence that suggests the defendant's guilt.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Contract
Lay witness
Inculpatory evidence
37. 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
U.S. district courts
Materiality
Popular name table
38. The rule that in order to claim self-defense there must have been no possibility of retreat.
Stop and frisk
Vicarious representation
Preemption
Retreat exception
39. A method for excusing a prospective juror based on the juror's inability to serve in an unbiased manner.
Challenge for cause
Common law
Case citation
Pretrial conference
40. A claim by the defendant against the plaintiff.
Counterclaim
Battery
Notice
Caption
41. The educated ability to apply law to specific facts.
Strict construction
Professional judgment
Clear and convincing
Mens rea
42. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Tenancy in common
Personal recognizance bond
Appellate or petitioner
Summons
43. A method for interpreting statutes in which the ordinary meaning of the statute's language is examined.
Plain meaning
Quiet enjoyment
Cross-examination
Laws
44. A decision is reversed when the litigants appeal the trial court decision and the higher court disagrees with the decision of a lower court.
Dismissal with prejudice
Quiet enjoyment
Reverse
Hypertext links
45. Fairness; a court's power to do justice. Equity powers allow judges to take action when otherwise the law would limit their decisions to monetary awards. Equity powers include a judge's ability to issue an injunction and to order specific performance
Disposition
Negligence
Equity
Freelance Paralegal
46. An attorney's written argument presented to an appeals court - setting forth a statement of the law as it should be applied to the client's facts.
Execute
Diversity jurisdiction
Appellate brief
Lay witness
47. The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation - proceedings of committee hearings and reports - and transcripts of floor debates.
Legislative history
Contingency Fee
Digest
Products liability
48. An opinion that disagrees with the majority's decision and its reasoning.
American Bar Association (ABA) www.abanet.org
Dissenting opinion
Personal property
Issue
49. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Judicial notice
Reasonable suspicion
Mens rea
50. In a case brief - the rule of law applied to the case's specific facts.
Contract
Issue
Direct examination
Joint tenancy