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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 rules whereby all members of a law firm are treated as though they had represented the former client.
Prior case history
Adverse possession
Vicarious representation
Direct evidence
2. Questions relating to the interpretation or application of the law.
Legal Research
Questions of law
Affirmative defense
National Association of Legal Assistants (NALA) www.nala.org
3. The questioning of an opposing witness.
Cross-examination
Successive conflict of interest
Plain view doctrine
Statutory element
4. Generally someone operating within the law - representing persons before administrtive agencies that permit this practice.
Shepardizing
Lay advocate
Consideration
Active Listening
5. Specific questions that usually demand very short or yes-no answers.
Booking
Closed Questions
Defendant
Treatment
6. Books that contain appellate court decisions. There are both official and unofficial reporters.
Subpoena
Grand jury
Case reporters
Certified
7. 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.
En banc
Void for vagueness
Certified
Majority opinion
8. A trial court error that is not sufficient to warrant reversing the decision.
Harmless error
Writ of habeas corpus
Irresistible impulse test
Cross-claim
9. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
Citation
Notice pleading
Notice
Issue of first impression
10. An advance or down payment that is given to engage the services of an attorney.
Judicial notice
Codification
Pleading in the alternative
Retainer
11. The process of finding the law.
Citation
Affirm
Legal Research
Enabling act
12. An online legal databease containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Lexis.
Statute
Westlaw
Subpoena duces tecum
Citing case
13. An issue that the court has never faced before.
Issue of first impression
Execute
Legal clinic
On all fours
14. A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint - the court will dismiss it.
Court of record
Cause of action
Execute
Eminent Domain
15. A statement in a judicial opinion not necessary for the decision of the case.
Nolo contendere
Case citation
Dictum
Insanity defense
16. 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
Fruit of the poisonous tree doctrine
Doctrine of implied powers
Evidence
17. A public or private statement that an attorney's conduct violated the code of ethics.
Assumption of the risk
Pleadings
Code
Reprimand or censure
18. 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.
Best evidence rule
Contingency fee
Clearly erroneous
Probable cause
19. A law enacted by a state legislature or by Congress.
Overrule
Statute
Valid
Harmless error
20. A court's prior permission for the police to search and seize.
Closed Questions
Warrant
Caption
Legal Reasoning
21. Information about what happened procedurally to the litigation after the case cited. Include this information in a citation.
Subsequent case history
Implied warranty of habitability
Citing case
Assumption of the risk
22. An assumption that something that is not real is real-for example - saying that a corporation is a person for purposes of its being able to sue and be sued.
Legal fiction
Case citation
Testimonial evidence
Intellectual Property
23. The publication of false statements that harm a person's reputation.
Defamation
Substantive facts
Registration
Loislaw
24. Examples of legal writing include case briefs - law office memoranda - and documents filed with the court.
Concurring opinion
Clear and convincing
Successive conflict of interest
Legal writing
25. Voluntarily and knowingly subjecting oneself to danger.
Contributory negligence
Appellate or petitioner
Assumption of the risk
Diversity jurisdiction
26. 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.
Exclusive jurisdiction
Beyond a reasonable doubt
Charging the jury
Plaintiff
27. A summary of one legal point in a court opinion; written by the editors at West.
Service
Minimum contacts
Relevancy
Headnote
28. The power of a court to force a person to appear before it.
Personal jurisdiction
Consideration
Implied warranty of habitability
Pleading in the alternative
29. The pretrial oral questioning of a witness under oath.
Rule 56 motion (summary judgment motion)
Registration
Conflict of interest
Deposition
30. The new legal principle established by a court opinion.
Preemption
Tenancy by the entirety
Majority opinion
Holding
31. A defense requiring proof that the defendant was forced to take an action to avoid a greater harm.
Invasion of Privacy
Necessity
Cause of action
Documentary evidence
32. The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case.
Affirmative defense
Cause of action
Entrapment
Confidentiality
33. 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.
Confidentiality
Bill of Rights
Procedural facts
Reverse
34. A professional entity in which the owners share in the organization's profits but are not liable for the malpractice of their partners.
Doctrine of implied powers
Default judgment
Limited liability partnership (LLP)
Alternative dispute resolution (ADR)
35. A statute establishing and setting out the powers of an administrative agency.
Enabling act
Plea bargaining
Legal Research
Summary jury trials
36. The revocation of an attorney's license.
Retainer
Federalism
Disbarment
Battery
37. A group of people - usually 23 - whose function is to determine if probable cause exists to believe that a crime has been committed and that the defendant committed it.
Invasion of Privacy
Dissenting opinion
Grand jury
Court of record
38. Techniques for resolving conflicts that are alternatives to full-scale litigation. The two most common are arbitration and mediation.
Personal jurisdiction
Alternative dispute resolution (ADR)
Pinpoint cite
Clearly erroneous
39. A national association of paralegal managers.
Transition
Entrapment
International Paralegal Management Association (IPMA) www.paralegal management.org
Jurisdiction
40. To perform.
Active Listening
Execute
Appellate or petitioner
Assumption of the risk
41. The rule requiring that the original document be produced at trial.
Best evidence rule
Miranda warnings
Summons
Consideration
42. 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.
Prior case history
Narrow Holding
Holding
Pretrial conference
43. 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
Statutes of limitations
Counterclaim
Stare decisis
Loislaw
44. The process of legislative enactment of areas of the law previously governed solely by the common law.
Model Rules of Professional Conduct
Separation of powers
Codification of the common law
Legal fiction
45. When a higher court agrees with what lower court has done.
En banc
Harmless error
Products liability
Affirm
46. Consists of records - contracts - leases - wills - and other written instruments.
Reverse
Documentary evidence
Primary authority
Clearly erroneous
47. The power of a court to hear a case.
Affirm
Adverse possession
Minimum contacts
Jurisdiction
48. 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.
Product misuse
Intellectual Property
Jurisdiction
Active Listening
49. The standard of proof used in some civil trials. The evidence presented must be greater than a preponderance of the evidence but less than beyond a reasonable doubt.
M'Naghten test
Voir dire
Limited jurisdiction
Clear and convincing
50. A right to use property owned by another for a limited purpose.
Contract
Easement
Appellee or respondent
Deposition