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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. The tort theory that an employer can be sued for the negligent acts of its employees.
Landmark decision
Respondeat superior
Judgment proof
Holding
2. Indirect evidence - used to prove facts by implication.
Harmless error
Circumstantial evidence
Limited jurisdiction
Landmark decision
3. The power of a court to hear a case.
Proving a case within a case
Fixed Fee
Execute
Jurisdiction
4. A compilation of federal or state statutes in which the statutes are organized by subject matter rather than by year of enactment.
Federalism
Leading question
Contributory negligence
Code
5. A national association of paralegal associations.
Recklessness
Westlaw
Statutes at large or session laws
National Federation of Paralegal Associations (NFPA) www.paralegals.org
6. The intermediate appellate courts in the federal system.
U.S. Court of Appeals
Counterclaim
Fruit of the poisonous tree doctrine
Nominal damages
7. The new legal principle established by a court opinion.
Holding
Internet
Default judgment
Reverse
8. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Constructive eviction
Entrapment
Reverse
Common law
9. Simultaneously representing adverse clients.
Concurrent conflict of interest
Res ipsa loquitur
Digest
Entrapment
10. A professional entity in which the stockholders share in the organization's profits but have their liabilities limited to the amount of their investment.
Nominal damages
Professional Corporation (PC)
Pattern jury instructions
Persuasive authority
11. Federal and state rules that govern the admissibility of evidence in court.
Comparative negligence
Lexis
Rules of evidence
Active Listening
12. A lawsuit brought by a person as a representative for a group of people who have been similarly injured.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Class action suit
12(b)(6) motion
Concurring opinion
13. The questioning of your own witness.
Property
Civil law
Direct examination
Plain meaning
14. A repeat offender; one who continues to commit more crimes.
Recidivist
Verification
Judgment notwithstanding the verdict (judgment N.O.V.)
Reverse
15. The judge informs the jurors of the law they need to know to make their decision.
Overrule
Issue of first impression
Charging the jury
False imprisonment
16. Evidence that suggests the defendant's guilt.
Inculpatory evidence
Strict construction
Direct evidence
Exclusionary rule
17. A trial court error that is not sufficient to warrant reversing the decision.
Common law
Default judgment
Mens rea
Harmless error
18. Evidence that suggests the defendant's innocence.
Concurring opinion
Judicial activism
Exculpatory evidence
Digest
19. A provision in a deed that prohibits specified uses of the property.
Restrictive covenant
On point
Double jeopardy
Plain meaning
20. The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amounts in controversy exceeds $75 -000.00
Direct examination
Best evidence rule
Diversity jurisdiction
Insanity defense
21. Evidence that does not add any new information but that confirms facts that already have been established.
Cumulative evidence
Circumstantial evidence
Res ipsa loquitur
Ejusdem generis
22. An approach whereby the courts give a statute a broad interpretation.
Judicial review
Substantive law
Liberal construction
Pocket part
23. The defense's request that the court find the prosecution failed to meet its burden and that it remove the case from the jury by finding the defendant not guilty.
Motion to require a finding of not guilty
Professional Corporation (PC)
Motion
Summary jury trials
24. Powers not stated in the Constitution but that are necessary for Congress to carry out other - expressly granted powers.
Products liability
Transition
Doctrine of implied powers
Comparative negligence
25. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Deponent
Stare decisis
Case reporters
Active Listening
26. A request that the court grant judgment in favor of the moving party because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. It is similar to a 12(b)(6) motion except that the court a
Respondeat superior
Negligence
Rule 56 motion (summary judgment motion)
Answer
27. Monetary compensation - including compensatory - punitive - and nominal damages.
Damages
Voir dire
Void for vagueness
Alternative dispute resolution (ADR)
28. Questions relating to what happened: who - what - when - where - and how.
Complaint
Class action suit
Miranda warnings
Questions of fact
29. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Ejusdem generis
Canons of construction
Reverse
Court of record
30. A request that the court release the defendant because of the illegality of the incarceration.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Writ of habeas corpus
Legal technician
Double jeopardy
31. The pretrial oral questioning of a witness under oath.
Hearsay
Peremptory challenge
Mens rea
Deposition
32. A national association of paralegal managers.
Defamation
International Paralegal Management Association (IPMA) www.paralegal management.org
Contingency Fee
Guardian
33. Representing someone who is in a position adverse to a prior client.
Successive conflict of interest
Citing case
Respondeat superior
Fact
34. Law that deals with harm to society as a whole.
Expert witness
Criminal law
Paralegal
Concurrent conflict of interest
35. The court's power to review statutes to decide whether they conform to the Constitution.
Judicial review
Statute of limitations
Execute
Duress
36. 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.
Consideration
Reversible error
Restatement of the Law of Torts - Second
Subsequent case history
37. A witness who has not been shown to have any special expertise.
Real Property
Lay witness
Search engine
American Bar Association (ABA) www.abanet.org
38. A court's power to hear any type of case arising within its geographical area.
Compensatory damages
General jurisdiction
Overbreadth
Pocket part
39. The modern pretrial procedure by which one party gains information from the adverse party.
Discovery
Pattern jury instructions
Judgment proof
Tenancy by the entirety
40. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Necessity
Stare decisis
Booking
Personal jurisdiction
41. An activity that requires professional judgment - or the educational ability to relate law to a specific legal problem.
Strict liability
Common law
Booking
Practice of law
42. 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.
Battery
Exclusive jurisdiction
Codification of the common law
Procedural facts
43. Courts that determine the facts and apply the law to the facts.
Damages
Affirm
Trial courts
Preemption
44. A request that the court prohibit the use of certain evidence at the trial.
Motion to suppress
Insanity defense
Active Listening
Tickler System
45. 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.
Motion for a new trial
Challenge for cause
Motion
Paralegal
46. Voluntarily and knowingly subjecting oneself to danger.
Civil law
Lexis
Assumption of the risk
Procedural facts
47. A book that contains court opinion headnotes arranged by subject matter.
Necessity
Answer
Appellate courts
Digest
48. Bad intent.
Intentional tort
Mens rea
Indictment
Challenge for cause
49. Generally - an emergency situation that allows a search to proceed without a warrant.
Suspension
Exigent circumstances
Concurrent jurisdiction
Vicarious representation
50. 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.
Case citation
Dictum
Statute
Restatement of the Law of Torts - Second