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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. 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.
On point
Case citation
Successive conflict of interest
Self-defense
2. The tenant's right to be free from interference from the landlord with respect to how the property is used.
Quiet enjoyment
Valid
Recidivist
Appellate brief
3. The publication of false statements that harm a person's reputation.
Tenancy by the entirety
Equity
Closed Questions
Defamation
4. Rules of conduct promulgated and enforced by the government.
Laws
Statute
Concurrent conflict of interest
Billable hours
5. A test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong.
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6. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Regulation
Codification
Strict liability
7. When an appellate court that normally sits in panels sits as a whole.
En banc
Easement
Transition
per curium
8. A court's power to hear only specialized cases.
Limited jurisdiction
Legal malpractice
Loislaw
Subject matter jurisdiction
9. The status of having received a certificate documenting that the person has successfully completed an educational program.
Certificated
Inculpatory evidence
Legal clinic
Ethical wall or screen or cone of silence
10. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Injunction
Fruit of the poisonous tree doctrine
Concurring opinion
Default judgment
11. The power of the federal courts to hear matters of federal law.
Plea bargaining
Federal question jurisdiction
Subsequent case history
Full-text database
12. A determination that an attorney may not practice law for a set period of time.
Diversity jurisdiction
Suspension
Personal recognizance bond
Reasonable suspicion
13. A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four of the nine justices vote to hear the case.
Writ of certiorari
Disposition
Proving a case within a case
Legal Research
14. A meeting of the attorneys and the judge prior to the beginning of the trial.
Code of Federal Regulations (C.F.R.)
Pretrial conference
Lay witness
Evidence
15. A court order requiring a party to perform a specific act or to cease doing a specific act.
Doctrine of implied powers
Dismissal with prejudice
Injunction
Enabling act
16. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Negligence per se
Issue
Valid
Overrule
17. 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.
Punitive damages
Motion for a new trial
Valid
Cumulative evidence
18. A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason.
Judgment notwithstanding the verdict (judgment N.O.V.)
Battered woman's or spouse's syndrome
Guardian
Landmark decision
19. 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.
Headnote
Pretrial motion
Motion to suppress
Challenge for cause
20. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Overrule
Plain view doctrine
Legal writing
Procedural law
21. The power of a court to hear a case.
Bailment
Contributory negligence
Jurisdiction
Best evidence rule
22. Part of the Model Penal Code; a test that provides that the defendant is not guilty due to insanity if - at the time of the killing - the defendant lacked either the ability to understand that the act was wrong or the ability to control the behavior.
Substantial capacity test
Contingency fee
Mediation
Indictment
23. Not susceptible to a precise definition; a belief based on specific facts that a crime has been or is about to be committed; more than a reasonable suspicion.
Probable cause
Legal services offices
Preemption
Diversity jurisdiction
24. A decision is affirmed when the litigants appeal the trial court decision and the higher court agrees with what the lower court has done.
Affirm
Verification
Bail
Code
25. The papers that begin a lawsuit-generally - the complaint and the answer.
Pleadings
Hypertext links
Suspension
Lay advocate
26. A contract that outlines the attorney's duties and the client's obligations regarding payment - on either an hourly or a contingency fee basis - as well as the client's responsibility reagarding costs and expenses.
Retainer agreement
Holding
Real or physical evidence
Certified
27. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Implied warranty of habitability
Rule 56 motion (summary judgment motion)
Confidentiality
Request for admissions
28. The modern pretrial procedure by which one party gains information from the adverse party.
Internet
Pleading in the alternative
Defendant
Discovery
29. The right of the police to detain an individual for a brief period of time and to search the outside of the person's clothing if the police have a reasonable suspicion that the individual has committed or is about to commit crime.
Easement
Eminent Domain
Full-text searches
Stop and frisk
30. Court decisions from a higher court in the same jurisdiction.
Reverse
Successive conflict of interest
Mandatory authority
Minimum contacts
31. The reference to a particular page within an opinion.
Pinpoint cite
Federalism
Corroborative evidence
Statutory element
32. A judicial philosophy that supports a limited role for the judiciary in changing the law - including deference to the legislative branch.
Specific performance
Writ of execution
Judicial restraint
Appellant or petitioner
33. 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.
U.S. Court of Appeals
Summary jury trials
Vicarious representation
Overrule
34. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Count
Unauthorized practice of law
Assumption
Legislative history
35. 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.
Federalism
Cumulative evidence
Alternative dispute resolution (ADR)
Legislative intent
36. Computer codes that - when clicked on with a mouse - connect the user to other web pages with related information
Affirmative defense
Dismissal with prejudice
Hypertext links
Vicarious representation
37. A grand jury's written accusation that a given individual has committed a crime.
Indictment
Insanity defense
Retainer
Products liability
38. An error made by the trial judge sufficiently serious to warrant reversing the trial court's decision.
Administrative law
Syllabus
Reversible error
Class action suit
39. A national organization of paralegal programs that promotes high standards for paralegal education.
American Association for Paralegal Education (AAfPE) www.aafpe.org
Lexis
Retainer
Personal jurisdiction
40. A law promulgated by an administrative agency.
Nominal damages
Authentication
Suspension
Regulation
41. A business run by two or more persons as co-owners.
Administrative law
Partnership
General jurisdiction
Constructive eviction
42. A court where a permanent record is kept of the testimony - lawyers' remarks - and judges' rulings.
Mistrial
Court of record
Comparative negligence
Prima facie case
43. A statement of the court's decision in which the facts are either omitted or given in very general terms so that it will apply to a wider range of cases.
Property
Bill of Rights
Loislaw
Broad holding
44. An examination of a prospective juror to see if he or she is fit to serve as a juror on a specific case.
Voir dire
Doctrine of implied powers
Writ of certiorari
Miranda warnings
45. Law that regulates how the legal system operates.
Relevancy
Procedural law
Harmless error
Reverse
46. A person who initiates an appeal.
Contingency Fee
Assumption
Appellate courts
Appellant or petitioner
47. An introductory paragraph listing issues to be discussed in the order they are to be discussed.
Annotated statutes
Corroborative evidence
Legal Reasoning
Road Map paragraph
48. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Reversible error
Necessity
Appellee or respondent
Client trust account
49. Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others.
Interrogatories
Legal fiction
Primary authority
Punitive damages
50. The justified use of force to protect oneself or others.
Verification
Substantive law
Self-defense
Exculpatory clause
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