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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 questioning of your own witness.
Direct examination
Double jeopardy
Respondeat superior
Dictum
2. The requirement that defendants be notified of their rights to remain silent and to have an attorney present prior to being questioned by the police.
Probable cause
M'Naghten test
Case citation
Miranda warnings
3. Liability without a showing of fault.
Strict liability
Products liability
Ejusdem generis
Assumption
4. Occurs whenever one person - through force or the threat of force - unlawfully detains another person against his or her will.
Judgment
False imprisonment
Fixed Fee
Statute
5. The process of using Shepard's citations to check a court citation to see whether there has been any subsequent history or treatment by other court decisions.
Doctrine of implied powers
Appellee or respondent
Shepardizing
Confidentiality
6. Any tangible object - like a bloody glove.
Pretrial conference
Real or physical evidence
Certified
Real property
7. The doctrine stating that normally once a court has decided one way on a particular issue - it and other courts in the same jurisdiction will decide the same way on that issue in future cases given similar facts unless they can be convinced of the ne
Stare decisis
Necessity
Preponderance of the evidence
Defamation
8. A set of ethical rules developed by the American Bar Association in the 1980s. The Model rules have been adopted by most of the states.
Reverse
Statutes at large or session laws
Model Rules of Professional Conduct
Disposition
9. A provision that purports to waive liability.
Regulation
Defendant
Case reporters
Exculpatory clause
10. A witness who has not been shown to have any special expertise.
Ethical wall or screen or cone of silence
Lay witness
Codification
Valid
11. Someone who has the power to act in the place of another.
Equity
Agent
Assumption
Charging the jury
12. Questions relating to the interpretation or application of the law.
Questions of law
Summary jury trials
Summons
Evidence
13. 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.
Assumption of the risk
Tenancy in common
Code of Federal Regulations (C.F.R.)
National Association of Legal Assistants (NALA) www.nala.org
14. Law that regulates how the legal system operates.
Pleading in the alternative
Reasonable suspicion
Entrapment
Procedural law
15. The transfer of a case from one state court to a federal court.
Removal
Agent
Issue
Statute of limitations
16. Law that deals with harm to a person or a person's property.
Contingency Fee
Writ of habeas corpus
Original jurisdiction
Tort law
17. The modern pretrial procedure by which one party gains information from the adverse party.
Cause of action
Discovery
Active Listening
Answer
18. The papers that begin a lawsuit-generally - the complaint and the answer.
Irresistible impulse test
Contract
Real Property
Pleadings
19. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Interrogatories
Reasonable suspicion
Strict liability
Subsequent case history
20. The process after arrest that includes taking the defendant's personal information - giving the defendant an opportunity to read and sign a Miranda card - and allowing the defendant the opportunity to use a telephone.
Overrule
Federal question jurisdiction
Booking
Legal Research
21. A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels.
Professional judgment
Implied warranty of habitability
Warrant
Writ of certiorari
22. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Documentary evidence
Judicial restraint
Void for vagueness
Substantial capacity test
23. A person who permits or directs another person to act on the principal's behalf.
Principle
Defendant
Closed Questions
Negligence
24. The ethical rule prohibiting attorneys and paralegals from working for opposing sides in a case.
Motion to require a finding of not guilty
Legal fiction
Deductive reasoning
Conflict of interest
25. Law that deals with harm to society as a whole.
Negligence per se
Criminal law
Retreat exception
Consideration
26. The final paragraph in a written legal analysis that summarizes the writer's conclusions.
Affirmative defense
Agent
Concluding paragraph
Registration
27. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Doctrine of implied powers
Principle
Rules of criminal procedure
28. Proof that the evidence is what it is said to be.
Authentication
Appellant or petitioner
Exculpatory clause
Motion for a new trial
29. The rule that in order to claim self-defense there must have been no possibility of retreat.
Evidence
Retreat exception
Substantive facts
Valid
30. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Judgment proof
Freelance Paralegal
Primary authority
Comparative negligence
31. A claim by the defendant against the plaintiff.
Counterclaim
Loislaw
Motion
American Association for Paralegal Education (AAfPE) www.aafpe.org
32. Rules of conduct promulgated and enforced by the government.
Laws
Legal services offices
Shepardizing
Execute
33. A term used to describe two cases that are almost identical - with similar facts and legal issues.
Request for admissions
On all fours
Answer
Substantive law
34. Defendant's reply to the complaint. It may contain statements of denial - admission - or lack of knowledge and affirmative defenses.
Persuasive authority
Dissenting opinion
Answer
Plain meaning
35. The law itself - such as statutes and court opinions.
No-knock warrant
Primary authority
Affirm
Case citation
36. 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
Rule 56 motion (summary judgment motion)
U.S. district courts
Legal clinic
Restrictive covenant
37. A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Exculpatory clause
Overrule
Joint tenancy
Registration
38. In law - a per curium decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least a majoirty of the court) acting collectively and anonymously.
Questions of fact
per curium
U.S. Court of Appeals
Appellate or petitioner
39. Specific questions that usually demand very short or yes-no answers.
Active Listening
Closed Questions
Certified
Notice pleading
40. 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.
Res ipsa loquitur
Exclusionary rule
Reprimand or censure
Statute
41. 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.
Directed verdict
Deductive reasoning
Loislaw
Rule 56 motion (summary judgment motion)
42. A national association of paralegal managers.
International Paralegal Management Association (IPMA) www.paralegal management.org
Verification
Billable hours
Structured database
43. A verdict ordered by a trial judge if the plaintiff fails to present a prima facie case or if the defendant fails to present a necessary defense.
Plea bargaining
Hourly rate
Liberal construction
Directed verdict
44. A judgment that reverses the verdict of the jury when the verdict had no reasonable factual support or was contrary to law.
Bill of Rights
Substantive facts
Motion to require a finding of not guilty
Judgment notwithstanding the verdict (judgment N.O.V.)
45. A request made to the court.
Motion
Search engine
Judicial review
On point
46. Books that contain appellate court decisions. There are both official and unofficial reporters.
Eminent Domain
Product misuse
Case reporters
Beyond a reasonable doubt
47. A nonbinding process in which attorneys for both sides present synopses of their cases to a jury - which renders an advisory opinion on the basis of these presentations.
Summary jury trials
Discovery
Circumstantial evidence
Personal property
48. Information about the law - such as that contained in encyclopedias and law review articles.
On all fours
Dictum
Structured database
Secondary authority
49. 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
Statutes of limitations
Partnership
Regulation
50. The revocation of an attorney's license.
Irresistible impulse test
Appellate brief
Disbarment
Execute