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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 rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information.
Legislative intent
U.S. Court of Appeals
Summons
Attorney-client privilege
2. 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.
Landmark decision
Standing
Irresistible impulse test
Respondeat superior
3. A nonlawyer who provides legal services directly to the public without being under the supervision of an attorney. Absent a statute allowing this activity - it constitutes the unauthorized practice of law.
Legal technician
Judicial notice
Res ipsa loquitur
Battery
4. Courts that determine whether lower courts have made errors of law.
Appellate courts
Notice pleading
Reverse
Persuasive authority
5. A special type of joint tenancy applicable only to married couples.
Tickler System
Tenancy by the entirety
Grand jury
Real or physical evidence
6. The pretrial oral questioning of a witness under oath.
Deposition
Code
Federal question jurisdiction
Limited liability partnership (LLP)
7. The purpose of the legislature at the time it enacted the statute.
Statutes at large or session laws
En banc
Legislative intent
Legal malpractice
8. Also known as real estate; land and items growing on or permanently attached to that land.
Actus rea
Warrant
Battery
Real Property
9. Indirect evidence - used to prove facts by implication.
Legislative intent
Personal property
Clearly erroneous
Circumstantial evidence
10. 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.
Tenancy in common
Harmless error
Preponderance of the evidence
Limited liability partnership (LLP)
11. General principles that guide the courts in their interpretation of statutes.
Overrule
Probable cause
Contingency Fee
Canons of construction
12. Law that deals with harm to society as a whole.
Documentary evidence
Voir dire
Criminal law
National Association of Legal Assistants (NALA) www.nala.org
13. A person who initiates a lawsuit.
Rule 56 motion (summary judgment motion)
Recidivist
Plaintiff
Open Questions
14. Voluntarily and knowingly subjecting oneself to danger.
Dissenting opinion
Easement
Ethical wall or screen or cone of silence
Assumption of the risk
15. The process of properly identifying and authenticating evidence so that it can be introduced.
Relevancy
Lay a foundation
Assumption of the risk
Substantive law
16. A judicial philosophy that supports an active role for the judiciary in changing the law.
Model Rules of Professional Conduct
Judicial activism
Mediation
Syllabus
17. A situation in which a conflict of interest may arise in the future--for example - representing business partners.
Remand
Potential conflict
Agent
Answer
18. A defense requiring proof that the defendant was not mentally responsible.
Case reporters
Directed verdict
Insanity defense
En banc
19. Representing someone who is in a position adverse to a prior client.
Product misuse
Personal property
Reverse
Successive conflict of interest
20. 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
Affirm
Headnote
Subpoena
21. An affidavit signed by the client indicating that he or she has read the complaint and that its contents are correct.
Judicial notice
Issue
Verification
Materiality
22. Proof that the evidence is what it is said to be.
Arrest
Personal property
Authentication
Compulsory joinder
23. The rules whereby all members of a law firm are treated as though they had represented the former client.
Contract
Tenancy in common
Contributory negligence
Vicarious representation
24. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Relevancy
Primary authority
Lay advocate
Overrule
25. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Legal Reasoning
Cause of action
Transition
Restrictive covenant
26. Either a subcategory of relevancy or simply another word for relevancy - the requirement that the evidence be more probative than prejudicial.
Judicial review
Res ipsa loquitur
Materiality
Exclusionary rule
27. In a lawsuit the person who is sued; in a criminal case the person who is being charged with a crime.
Open Questions
Statutes at large or session laws
Defendant
Affirmative defense
28. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Unofficial reporter
Subsequent case history
Intellectual Property
Reversible error
29. A court opinion that establishes new law in an important area.
Subsequent case history
Landmark decision
Canons of construction
Motion for a new trial
30. A business run by two or more persons as co-owners.
Partnership
Registration
Subject matter jurisdiction
Notice
31. The tort theory that an employer can be sued for the negligent acts of its employees.
Principle
Respondeat superior
Joint tenancy
Removal
32. A computerized database that contains the full text of documents - such as court opinions or depositions.
Practice of law
Compensatory damages
Enabling act
Full-text database
33. A computer search that identifies every place in which the search term appears in the actual text of the document being searched.
Contract
Beyond a reasonable doubt
Full-text searches
Original jurisdiction
34. Disregarding a substantial and unjustifiable risk that harm will result.
Real Property
Attorney-client privilege
Recklessness
U.S. Supreme Court
35. A defense whereby the defendant offers new evidence to avoid judgment.
Retreat exception
Arraignment
False imprisonment
Affirmative defense
36. A paralegal who works as an independent contractor rather than as an employee of a law firm or corporation.
Primary authority
Freelance Paralegal
Active Listening
Certified
37. A court order requiring a party to perform a specific act or to cease doing a specific act.
Legislative intent
Writ of habeas corpus
Remand
Injunction
38. A provision that purports to waive liability.
Primary authority
Hearsay
Exculpatory clause
Ejusdem generis
39. Information that can be presented in a court of law as proof of some fact.
Corroborative evidence
Legal writing
Unofficial reporter
Evidence
40. When the law is applied to the client's facts and the result is not obvious - an issue is created.
Issue
Primary authority
Arraignment
Constructive
41. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Registration
Implied warranty of habitability
Active Listening
42. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Proximate cause
Standing
Exhaustion of administrative remedies
43. 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
Property
Diversity jurisdiction
Persuasive authority
Evidence
44. An opinion that agrees with the majority's result but disagrees with its reasoning.
Annotated statutes
Headnote
American Association for Paralegal Education (AAfPE) www.aafpe.org
Concurring opinion
45. A law enacted by a state legislature or by Congress.
Hearsay
Black-letter law
Statute
Materiality
46. A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest.
Plaintiff
Ethical wall or screen or cone of silence
Testimonial evidence
Minor premise
47. Without the need for a warrant - the police may seize objects that are openly visible.
Ethical wall or screen or cone of silence
Implied warranty of habitability
U.S. Supreme Court
Plain view doctrine
48. The failure to act reasonably under the circumstances.
Dictum
Overbreadth
Negligence
Code
49. In a case brief - the court's answer to the issue presented to it; the new legal principle established by a court opinion.
Injunction
Subpoena
Search engine
Holding
50. Evidence that suggests the defendant's guilt.
Adverse possession
Clear and convincing
Intellectual Property
Inculpatory evidence