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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. Bad act.
Nominal damages
Pocket part
Proximate cause
Actus rea
2. An online legal database containing court decisions and statutes from the entire country - as well as secondary authority; a competitor to Westlaw.
Valid
Persuasive authority
Lexis
Real or physical evidence
3. Used to describe legislation that changes the common law.
Closed Questions
Documentary evidence
National Association of Legal Assistants (NALA) www.nala.org
Derogation of the common law
4. The questioning of an opposing witness.
Mistrial
Valid
Negligence
Cross-examination
5. A bank account used to hold money belonging to the client or to a third party.
Product misuse
Client trust account
Concurrent conflict of interest
Execute
6. Evidence that supports previous testimony but that comes in a different form.
Corroborative evidence
Unauthorized practice of law
Invasion of Privacy
Rules of evidence
7. An intentional tort that covers a variety of situations - including disclosure - intrusion - appropriation - and false light.
Documentary evidence
Invasion of Privacy
Arbitration
Appellate or petitioner
8. Bad intent.
Minimum contacts
Guardian
Mens rea
Bill of Rights
9. A court order that ends a lawsuit; the suit cannot be refiled by the same parties.
Professional Corporation (PC)
Substantive facts
Dismissal with prejudice
Doctrine of implied powers
10. A method adopted by the federal rules in which the plaintiff simply informs the defendant of the claim and the general basis for it.
Bail
Notice pleading
Cross-claim
Real property
11. A court order requiring a person to appear to testify at a trial or deposition.
Subpoena
Appellee or respondent
Writ of certiorari
Loislaw
12. 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.
Narrow Holding
Suspension
Full-text searches
Negligence
13. A test that provides that the defendant is not guity due to insanity if - at the time of the killing the defendant could not control his or her actions.
Real property
Subsequent case history
Conflict of interest
Irresistible impulse test
14. Questions relating to the interpretation or application of the law.
Questions of law
Conflict of interest
Legal writing
Rule
15. A defense requiring proof that the defendant was not mentally responsible.
Bail
per curium
Assumption of the risk
Insanity defense
16. A claim by the defendant against the plaintiff.
Slip laws
Judgment notwithstanding the verdict (judgment N.O.V.)
Restatement of the Law of Torts - Second
Counterclaim
17. A claim by one defendant against another defendant or by one plaintiff against another plaintiff.
Third-party claim
Minor premise
Cross-claim
Successive conflict of interest
18. In logic - an argument is considered to be valid or sound if the assumption underlying the argument are true.
Persuasive authority
Self-defense
Valid
Certificated
19. The chronological publication of statutes at the end of a legislative session.
Assumption
Implied warranty of habitability
Real or physical evidence
Statutes at large or session laws
20. The decision of the court regarding the claims of each side. It may be based on a jury's verdict.
Judgment
Narrow Holding
Invasion of Privacy
Judicial notice
21. A statute establishing and setting out the powers of an administrative agency.
Quiet enjoyment
Partnership
Enabling act
Cross-examination
22. A suspicion based on specific facts; less than probable cause.
Rules of evidence
Mediation
Best evidence rule
Reasonable suspicion
23. Occurs when the police restrain a person's freedom and charge the person with a crime.
Defamation
Double jeopardy
Case citation
Arrest
24. The failure to act reasonably under the circumstances.
Negligence
Subpoena
Actual cause
Deponent
25. A form of logical reasoning based on a major premise - a minor premise - and a conclusion.
Reverse
Deductive reasoning
Holding
Negligence
26. An approach whereby the courts give a statute a narrow interpretation.
Strict construction
Appellee or respondent
Documentary evidence
Arraignment
27. A statutory citation is a formalized method for referring to a statute's chapter (or title) and section numbers.
National Federation of Paralegal Associations (NFPA) www.paralegals.org
Citation
Assumption
Affirm
28. The modern pretrial procedure by which one party gains information from the adverse party.
On point
Suspension
Discovery
Intellectual Property
29. 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.
Consideration
Materiality
Appellate brief
Constructive eviction
30. Information that can be presented in a court of law as proof of some fact.
Exclusionary rule
Battery
Doctrine of implied powers
Evidence
31. 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
Doctrine of implied powers
Challenge for cause
Subpoena
Stare decisis
32. A person who permits or directs another person to act on the principal's behalf.
Judicial restraint
Code of Federal Regulations (C.F.R.)
Principle
Negligence
33. When nonlawyers do things that only lawyers are allowed to do. In most states this is a crime.
Specific performance
Plain view doctrine
Confidentiality
Unauthorized practice of law
34. Law that deals with harm to a person or a person's property.
Tort law
Preemption
Guardian
Full-text searches
35. A court opinion that establishes new law in an important area.
Road Map paragraph
Reverse
Request for admissions
Landmark decision
36. To perform.
Real or physical evidence
Execute
Products liability
Contract
37. When an appellate court sends a case back to the trial court for a new trial or other action.
Subject matter jurisdiction
Remand
U.S. Court of Appeals
Code of Federal Regulations (C.F.R.)
38. 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.
Motion for a new trial
Peremptory challenge
Stop and frisk
Deductive reasoning
39. 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.
Defamation
Federalism
Proximate cause
Broad holding
40. A court's power to review statutes to decide if they conform to the federal or a state constitution.
Power of judicial review
Active Listening
Prior case history
Assumption of the risk
41. A calendering system that records key dates and important deadlines.
Tickler System
Motion to require a finding of not guilty
Subpoena duces tecum
Exculpatory clause
42. Disregarding a substantial and unjustifiable risk that harm will result.
Constructive eviction
Leading question
Recklessness
Successive conflict of interest
43. A method for measuring the relative negligence of the plaintiff and the defendant - with a commensurate sharing of the compensation for the injuries.
Disbarment
Standing
Prima facie case
Comparative negligence
44. In writing - a technique used to help your reader move from one thought to the next and to see the connections between them.
Rule 56 motion (summary judgment motion)
Transition
Default judgment
Recklessness
45. A judgment entered against a party who fails to complete a required step - such as answering the complaint.
Guardian
Leading question
Default judgment
Federalism
46. Evidence that suggests the defendant's innocence.
Court of record
Transition
Exculpatory evidence
Execute
47. A claim by a defendant against someone in addition to the persons the plaintiff has already sued.
Issue
Administrative law
Third-party claim
Pinpoint cite
48. A tangible object or a right or ownership interest.
Agent
Minimum contacts
Property
Alternative dispute resolution (ADR)
49. A constitutional protection against being tried twice for the same crime.
Double jeopardy
Verdict
Appellee or respondent
Cause of action
50. The rules whereby all members of a law firm are treated as though they had represented the former client.
International Paralegal Management Association (IPMA) www.paralegal management.org
Documentary evidence
Vicarious representation
Product misuse