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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. A statement of the court's decision that contains many of the case's specific facts - thereby limiting its future applicability to a narrow range of cases.
Hearsay
Narrow Holding
Code of Federal Regulations (C.F.R.)
Overrule
2. In a case brief - facts that deal with what happened to the parties before the litigation began.
Digest
Remand
Best evidence rule
Substantive facts
3. Consists of the description of events that a witness testifies to under oath in a legal proceeding.
Affirmative defense
Products liability
Testimonial evidence
Billable hours
4. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
On point
Ethical wall or screen or cone of silence
Statute of limitations
Reverse
5. 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.
Certified
Analogous cases
False imprisonment
Assumption of the risk
6. A repeat offender; one who continues to commit more crimes.
Legal clinic
Recidivist
Code of Federal Regulations (C.F.R.)
Class action suit
7. Body of law that has evolved from judicial decisions in cases that do not involve constitutional - statutory - or administrative regulation interpretation.
Code of Federal Regulations (C.F.R.)
Common law
Registration
Self-defense
8. When an appellate court sends a case back to the trial court for a new trial or other action.
Legal Research
Remand
Constructive
Legislative history
9. Intangible assets - such as trade secrets - copyrights - patents - and trade or service marks.
Intellectual Property
Structured database
Indictment
Easement
10. Land and objects permanently attached to land.
Digest
Real property
Personal recognizance bond
Exclusionary rule
11. An agreement supported by consideration.
Full-text searches
Contract
Deposition
Default judgment
12. 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.
Major premise
Appellate brief
Specific performance
Questions of fact
13. Establishes a direct link to the event that must be proven.
Code of Federal Regulations (C.F.R.)
Direct evidence
Reverse
Lay witness
14. The rule requiring that the original document be produced at trial.
Original jurisdiction
Charging the jury
Best evidence rule
Defamation
15. When a higher court agrees with what lower court has done.
Affirm
Remedial statute
Conflict of interest
Plain meaning
16. Representing someone who is in a position adverse to a prior client.
Specific performance
Successive conflict of interest
Notice
Evidence
17. 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.
Partnership
Judicial activism
Deposition
Standing
18. A defendant's personal promise to appear in court.
Official reporter
Motion
Legislative history
Personal recognizance bond
19. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Restrictive covenant
Dismissal with prejudice
Assumption
Rules of criminal procedure
20. 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
Majority opinion
Hypertext links
Direct evidence
21. The pleading that begins a lawsuit.
Complaint
Remedial statute
Evidence
Road Map paragraph
22. A computerized database that contains key information about the content of documents - such as medical records.
Client trust account
Remand
International Paralegal Management Association (IPMA) www.paralegal management.org
Structured database
23. Evidence that supports previous testimony but that comes in a different form.
Leading question
Ethical wall or screen or cone of silence
Corroborative evidence
Constructive
24. 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.
Lay a foundation
Analogous cases
Products liability
Hourly rate
25. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Duress
Subsequent case history
Concluding paragraph
Federalism
26. 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.
Caption
Adverse possession
Counterclaim
Freelance Paralegal
27. Questions relating to what happened: who - what - when - where - and how.
Alternative dispute resolution (ADR)
Leading questions
Original jurisdiction
Questions of fact
28. Court decisions from a higher court in the same jurisdiction.
Service
Execute
Mandatory authority
Comparative negligence
29. A determination that an attorney may not practice law for a set period of time.
Authentication
Suspension
Class action suit
Substantive law
30. A judicial philosophy that supports an active role for the judiciary in changing the law.
Limited liability partnership (LLP)
Plea bargaining
Judicial activism
U.S. district courts
31. A person who permits or directs another person to act on the principal's behalf.
Structured database
Federalism
Principle
Exhaustion of administrative remedies
32. An opinion that disagrees with the majority's decision and its reasoning.
Dissenting opinion
Doctrine of implied powers
Persuasive authority
Prior case history
33. The party in a lawsuit against whom an appeal has been filed.
Appellee or respondent
Pretrial conference
Disbarment
Closed Questions
34. The purpose of the legislature at the time it enacted the statute.
Punitive damages
Legislative intent
U.S. district courts
Booking
35. When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
Deductive reasoning
Product misuse
Reprimand or censure
Judicial notice
36. 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.
Writ of execution
Digest
Mediation
Statutes of limitations
37. 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.
Disbarment
Unauthorized practice of law
Codification of the common law
Prior case history
38. Ownership by two or more persons who have equal rights in the use of the property. When a joint tenant dies - that person's share passes to the other joint tenant(s).
Unauthorized practice of law
Actus rea
Joint tenancy
Minimum contacts
39. Questions that suggest the answer.
Lay witness
Reverse
Concurrent jurisdiction
Leading questions
40. A term used to describe a case that is similar to another case.
On point
Interrogatories
Bailment
Battered woman's or spouse's syndrome
41. The process of signaling that you are really listening - accomplished by using verbal and nonverbal clues - paraphrasing - and reflecting the client's feelings.
Reverse
Federalism
Active Listening
Rule 56 motion (summary judgment motion)
42. A defense requiring proof that the defendant was not mentally responsible.
Battery
Insanity defense
Reasonable suspicion
Subsequent case history
43. The general jurisdiction trial courts in the federal system.
U.S. district courts
Statutory element
Motion to require a finding of not guilty
Canons of construction
44. When the defendant does not have sufficient money or other assets to pay the judgment.
Judgment proof
On point
Judgment notwithstanding the verdict (judgment N.O.V.)
Registration
45. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Plain view doctrine
Contingency fee
Ethical wall or screen or cone of silence
Affirm
46. A fee calculated as a percentage of the settlement or award in the case.
Liberal construction
Procedural law
Contingency Fee
Peremptory challenge
47. Law that deals with harm to society as a whole.
12(b)(6) motion
Specific performance
Criminal law
International Paralegal Management Association (IPMA) www.paralegal management.org
48. A statute that changes the common law.
Lay witness
Potential conflict
Statute in derogation of the common law
Property
49. The publication of false statements that harm a person's reputation.
Summary jury trials
Retainer
Defamation
Execute
50. A decision is reversed when an appellate court overturns or negates the decision of a lower court.
Statutes of limitations
Paralegal
Bench trial
Reverse