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Test your basic knowledge |
Paralegal 101
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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 court's power to hear only specialized cases.
Motion in limine
American Association for Paralegal Education (AAfPE) www.aafpe.org
Fruit of the poisonous tree doctrine
Limited jurisdiction
2. Including more than one count in a complaint; the counts do not need to be consistent.
Personal property
Constructive eviction
Probable cause
Pleading in the alternative
3. Also known as real estate; land and items growing on or permanently attached to that land.
Real Property
Writ of habeas corpus
Legal writing
Stare decisis
4. Not factually true - but accepted by the courts as being legally true.
Model Rules of Professional Conduct
Proximate cause
Recklessness
Constructive
5. 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.
Popular name table
Actual cause
Legislative history
Substantial capacity test
6. An opinion in which a majority of the court joins.
Defamation
Confidentiality
Majority opinion
Concurring opinion
7. An authoritative secondary source - written by a group of legal scholars - summarizing the existing common law - as well as suggesting what the law should be.
Practice of law
Reverse
Writ of execution
Restatement of the Law of Torts - Second
8. When the defendant does not have sufficient money or other assets to pay the judgment.
Plain view doctrine
Pinpoint cite
Notice pleading
Judgment proof
9. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Writ of habeas corpus
Unauthorized practice of law
Principle
Slip laws
10. In a case brief - the general legal principle in existence before the case began.
Rule
Tenancy in common
Pleading in the alternative
Black-letter law
11. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Westlaw
Standing
Nominal damages
Dissenting opinion
12. Federal and state rules that govern the admissibility of evidence in court.
Syllabus
Equity
Rule 56 motion (summary judgment motion)
Rules of evidence
13. The result reached in a particular case.
Majority opinion
Disposition
Retainer
Contributory negligence
14. A defendant's plea meaning that the defendant neither admits nor denies the charges.
Insanity defense
Nolo contendere
Evidence
Affirmative defense
15. 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.
Judicial restraint
Civil law
Minor premise
Pretrial motion
16. A tangible object or a right or ownership interest.
Transition
Best evidence rule
Default judgment
Property
17. A rule that states that evidence obtained in violation of an individual's constitutional rights cannot be used against that individual in a criminal trial.
Punitive damages
Counterclaim
Exclusionary rule
Comparative negligence
18. When a person must be brought into a lawsuit as either a plaintiff or a defendant.
Statutory element
National Association of Legal Assistants (NALA) www.nala.org
No-knock warrant
Compulsory joinder
19. A national association of paralegal associations.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Federal question jurisdiction
Pleadings
Materiality
20. A transfer of real property rights that occurs after someone other than the owner has had actual - open - adverse - and exclusive use of the property for a statutorily determined number of years.
Assumption of the risk
Remand
Annotated statutes
Adverse possession
21. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Prima facie case
Valid
Appellate brief
Civil law
22. The reference to a particular page within an opinion.
Confidentiality
Pinpoint cite
Conflict of interest
12(b)(6) motion
23. When more than one court has jurisdiction to hear a case.
Appellee or respondent
Concurrent jurisdiction
Dismissal with prejudice
Exclusive jurisdiction
24. Cases that involve similar facts and rules of law.
Double jeopardy
Summons
Analogous cases
Popular name table
25. A statute enacted to correct a defect in prior law or to provide a remedy where none existed.
Model Rules of Professional Conduct
Remedial statute
Notice
Codification of the common law
26. The requirement in a legal malpractice case that the plaintiff-client prove that but for the attorney's negligence - the client would have won.
Compensatory damages
Cross-examination
Proving a case within a case
Limited liability partnership (LLP)
27. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Materiality
Intellectual Property
Contingency Fee
Retainer agreement
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.
Vicarious representation
International Paralegal Management Association (IPMA) www.paralegal management.org
Enabling act
Federalism
29. A computer program that allows the user to retrieve web documents that match the key words entered by the searcher.
Legal services offices
Constructive
Search engine
Legal clinic
30. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Diversity jurisdiction
Deposition
Cause of action
Answer
31. 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.
Statutes of limitations
Laws
Statute in derogation of the common law
Rules of criminal procedure
32. 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.
No-knock warrant
Legal clinic
Professional judgment
Tenancy in common
33. 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.
On all fours
Affirmative defense
Clear and convincing
Service
34. Books that contain appellate court decisions. There are both official and unofficial reporters.
Case reporters
Fact
Duress
Legal Research
35. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Notice pleading
Property
Reasonable suspicion
Code
36. 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
U.S. district courts
Subsequent case history
Count
37. Information that tells the reader the name of the case - where it can be located - the court that decided it - and the year it was decided. The Bluebook gives precise rules as to how case citations are to be written.
Case citation
Concurring opinion
Statutory element
Statutes at large or session laws
38. 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.
Affirm
Mens rea
Issue
Overrule
39. A defense requiring proof that force or a threat of force was used to cause a person to commit a criminal act.
Power of judicial review
Exigent circumstances
En banc
Duress
40. A pamphlet inserted into the back of a book containing information new since the volume was published.
Federal question jurisdiction
Pocket part
Booking
Vicarious representation
41. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Personal property
Voir dire
Competency
Full-text searches
42. A notice informing the defendant of the lawsuit and requiring the defendant to respond or risk losing the suit.
Subpoena duces tecum
Verification
Summons
Writ of habeas corpus
43. A court order authorizing a sheriff to take property in order to enforce a judgment.
Dissenting opinion
Battery
Writ of execution
Voir dire
44. 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.
Potential conflict
Contributory negligence
Statutes at large or session laws
Tenancy in common
45. Generally - an emergency situation that allows a search to proceed without a warrant.
Distinguishable cases
Disposition
Exigent circumstances
Subject matter jurisdiction
46. Located in most codified statutes - this table lists statutes by their popular names along with their citations.
Popular name table
Hearsay
Lexis
Cross-examination
47. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Grand jury
Citation
Cause of action
Confidentiality
48. A court's power to hear any type of case arising within its geographical area.
Proving a case within a case
General jurisdiction
Original jurisdiction
Materiality
49. A witness who has not been shown to have any special expertise.
Consideration
Charging the jury
Minor premise
Lay witness
50. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Pattern jury instructions
Plaintiff
Voir dire
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